HomeMy WebLinkAboutBoulder Creek Findings of Fact and Order_3
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development
SUBJECT: Boulder Creek Phases 1-4 Major Subdivision Preliminary Plat
Findings of Fact and Order, P14023 MEETING DATE: September 8, 2014 AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Boulder Creek Phases 1-4 Major Subdivision Preliminary Plat Application.
BACKGROUND: On July 21, 2014, the City Commission held a public hearing on an
application for preliminary plat approval for the Boulder Creek Phases 1-4 Major Subdivision.
The Commission 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: August 18, 2014
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Return to:
City of Bozeman
City Clerk
P.O. Box 1230
Bozeman MT 59771-1230
Page 1 of 36
P-14023, Finding of Fact and Order for the Boulder Creek Subdivision
Public Hearing Date: Planning Board public hearing was on July 1, 2014
City Commission public hearing was on July 21, 2014
Project Description: Boulder Creek major subdivision to subdivide 35.34 acres into 59 single-
household residential lots (R-2), 4 multi-household lots (R-4), streets, 2 public parks,
private common open space corridors, Class II trails and related site improvements. The
application includes a phasing plan for subdivision development and park improvements.
Project Location: North of Annie Street, east of Laurel Parkway, south of Oak Street, legally
described as an Amended Plat of Lot 3A, Minor Subdivision 201A, located in the S1/2 of
Section 4, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County,
Montana.
Action: Approval with conditions per Sections
Motion: Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for
application P-14023 and move to approve parkland with less than 100% and more than
50% of its perimeter fronting public streets (Section 38.23.040) as the applicant has
proposed mitigation measures and to approve the Subdivision with conditions and subject
to all applicable code provisions.
Staff Contact: Chris Saunders, Policy and Planning Manager
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
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P-14023 Findings of Fact for the Boulder Creek Subdivision Page 2 of 36
PROJECT SUMMARY
The subdivision is to divide 35.34 acres into 59 single-household residential lots (R-2), 4 multi-
household lots (R-4), streets, 2 public parks, private common open space corridors, Class II trails
and related site improvements. A total of 2.9269 acres of parkland is being dedicated with
remaining parkland requirements being satisfied by development of trails along Baxter Creek.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues .............................................................. Error! Bookmark not defined.
Project Summary ................................................................ Error! Bookmark not defined.
Alternatives ........................................................................ Error! Bookmark not defined.
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS............................................. 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 16
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 18
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 19
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 19
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 22
Preliminary Plat Supplements ........................................................................................... 28
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 34
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 34
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 35
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 36
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 36
FISCAL EFFECTS ........................................................................ Error! Bookmark not defined.
ATTACHMENTS .......................................................................... Error! Bookmark not defined.
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Page 3 of 36
SECTION 1 - MAP SERIES
Surrounding Zoning and Land Uses
The following land uses and zoning
are adjacent to the subject property:
North: County-owned land, vacant
South: Westbrook Subdivision zoned
R-1 (Residential Single-Household
Low Density District), R-2
(Residential Single-Household
Medium Density District) and R-3
(Residential Medium Density
District)
East: Flanders Creek Subdivision R-
4 (Residential High Density), and R-
O (Residential Office)
West: Laurel Glen Subdivision,
zoned R-1, R-3, R-4 and B-1
(Neighborhood Business District),
single household and multi-
household residences and vacant.
Vicinity Map with the development outlined in red and showing zoning
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Vicinity Map from Growth Policy Figure 3-1, project area is outlined in red
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Vicinity Water Features
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Vicinity Map of existing parks and trails
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Page 8 of 36
Vicinity Map of proposed and surrounding parkland and open spaces
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Map of Deficient Intersections and Missing Road Links
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SECTION 2 – REQUESTED VARIANCES AND DEVIATIONS
No variances were requested, however the applicant proposedto mitigate the parkland frontage
requirement by installing a pavilion in Public Park 2. The pavilion will be installed according to
the Park Master Plan in Phase 3 of the development.
1) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 100% of its
perimeter fronting public streets. No variance requested as applicant is mitigating
reduction in park frontage.
SECTION 3 - CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the subdivision. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed as conditions of approval, does not,
in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
Recommended Conditions of Approval:
1. The final plat for each phase of the subdivision shall conform to the design and amenities
included within the subdivision application and the conditions of approval. Alterations
require approval by the City of Bozeman.
2. 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
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.
3. The preliminary Plat is extremely difficult to read with all materials identified on one
page. The final plat shall include a Conditions and Notes sheet to include all advisory
notes and statements. Separate pages identifying (1) easements, ROW, lot lines and
dimensions, (2) infrastructure lines and street dimensions, and (3) phasing details with
access point, parkland and watercourse dimensions shall be provided with the final plat.
4. Number the sheets of the subdivision final plat to read: Page X of X (e.g. Page 1 of 2;
Page 2 of 2).
5. The area of the subdivision not provided with all required municipal services and
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infrastructure in a final plat shall be designated as “Lot 1R” or another designation
mutually agreed upon and shall be subject to the following note:
“Notice Is Hereby Given to all potential purchasers of Lot R of the plat of the
Boulder Creek Subdivision Phase ______, City of Bozeman, Gallatin County,
Montana that the final plat of the subdivision was approved by the City
Commission without completion of on and off-site improvements required under
the Bozeman Municipal Code as is allowed in Article 38.39 of the Bozeman
Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of
this lot is subject to further subdivision or development review, and no
development of this lot shall occur until all on and off-site improvements are
completed as required under the Bozeman Municipal Code.
Therefore, Be Advised, that Building Permits will not be issued for Lot 1R of the
Plat of the Boulder Creek Subdivision Phase ______, City of Bozeman, Gallatin
County, Montana until all required on and off-site improvements are completed
and accepted by the City of Bozeman. No building or structure requiring water or
sewer facilities shall be utilized on this lot until this restriction is lifted. This
restriction runs with the land and is revocable only by further subdivision or the
written consent of the City of Bozeman.”
6. 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: Private Common
Open Space parcels designated with numbers 1, 2, 3, 4, 5, 6 and 7. 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).
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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: _____________________________
7. The public park area used to satisfy parkland dedication requirements of Article 38.27,
BMC for all phases of the Boulder Creek Subdivision shall be dedicated with the initial
final plat of the Boulder Creek Subdivision. The internal improvements may be phased as
proposed in the Park Master Plan except that the 6 foot wide sidewalk along Annie Street
must be installed with the initial phase.
8. The Park Master Plan shall be updated to include revisions as required in conditions of
approval and to include the use of installation of trail improvements outside of the
dedicated park to meet parkland dedication requirements.
9. If the owner proposes to voluntarily provide to the City other additional land above and
beyond that required for compliance with 38.27, BMC the final Park Master Plan shall
incorporate and coordinate the entirety of the land given to the City by requirement or
proffer.
10. The final Park Plan must be submitted, reviewed and approved by the City Commission
prior to Final Plat approval of the initial phase of the major subdivision. The calculated
park areas shall not include any areas used for stormwater treatment.
11. The former gravel pit pond is to remain a park feature that needs to be inspected and
remediated with safety issues such as steep banks. Construction refuse must also be
removed. Any banks steeper than 1 foot of rise per 3 feet of run shall be lowered to not
exceed that slope for a distance at least 10 feet back from the water’s edge. Any locations
where this is not able to be satisfied must be approved by the Park Superintendant.
12. The underwater contours of the pond shall be mapped to establish depths and any
locations of sudden increases in depth. If the mapping shows sudden increases the City
deems unsafe the developer shall work with the Parks Superintendent to design and
implement a modification to the contours to remove the hazard. All necessary permits
shall be obtained prior to the work.
13. Prior to proceeding with construction of the public trails and public parklands or facilities
within public parks the applicant shall have a pre-construction meeting with the
Department of Recreation and Parks. The final location, placement and installation
schedule of trails and park facilities shall be approved by the Director of the City of
Bozeman Department of Parks
14. Dog waste stations, additional benches and additional trash enclosures not shown on
Sheet L1.0 will be the responsibility of the HOA or other such entity established at a later
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date to construct and build such improvements. L1.0 does not depict any such amenities
(dog waste stations, benches or trash enclosures).
15. The new pavilion in Public Park 2 will be installed with phase 3 of this subdivision. The
pavilion as shown on page 18 of the Park Master Plan is a mitigation measure for the less
than 100% frontage as required by Section 38.27.060, BMC.
16. Fences located in the front, side or rear yard setback of properties adjacent to any park
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 common 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.
17. The proposed watercourse planting and north-south Class II trail shall be installed
according to the phasing plan described in the Park Master Plan.
18. The 30-foot Private Common Open Space 1 and 2 (Phase 1, Block 8 and Phase 2, Block
9 and 10) does not align with the proposed Class II trail that intersects with Abigail Lane
in Public Park 1. The Private Common Open Spaces shall be moved one lot south for
better alignment.
19. A public access easement for all pedestrian connections shall be provided in accordance
with Section 38.27.110, BMC.
20. The property owner’s association (POA) documents created for this subdivision shall
include provisions describing the agreed upon method of contribution to the Boulder
Creek POA and binding property owners to contribute to the construction, operation and
maintenance of the sewage lift station proposed to serve this development as well as for
the maintenance and upkeep of dedicated parks and publicly accessible open space lands
as required by the agreement between the subdivider and the Boulder Creek POA. The
provisions in the POA’s documents fulfilling this condition shall be considered required
by the City Commission pursuant to 38.38.030.A.5, BMC. The City may release the
Boulder Creek Property Owners Association from the obligation to maintain parks
dedicated to the City at the City’s discretion.
21. The property owner’s association documents for this subdivision shall be drafted so that
the entirety of the property being subdivided in all phases is subjected to the obligations
of park and open space maintenance at the time of the recording of the final plat of the
initial phase. Contribution to maintenance expenses may be proportionate to the number
of lots platted.
22. All references within covenants and other application materials shall clearly refer to the
identified common public open spaces and public parks; current covenants note the
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common public open spaces, trails and public parks and Parkland System. Additionally,
covenants shall correctly reflect existing zoning designation for all lots.
23. The final plat, POA and park master plan may not include any reference to “dedicated”
open space; 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.
24. 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.
Parkland definition in covenants and park plan should clearly define and distinguish
between private common open space and public parklands.
25. The sidewalk along Oak Street frontage shall be 6 feet wide and shall be installed and
connected to the existing sidewalk in the Laurel Glen Subdivision Phase 2, Block 43. The
portion of the sidewalk adjacent to the common open space shall be installed at the same
time as the street.
26. Annie and Oak Streets shall be constructed to connect with Laurel Parkway prior to or in
conjunction with the initial phase of Boulder Creek Subdivision. Abigail Lane shall be
constructed with phase 1.
27. Street names must be approved by the City Engineer and Gallatin County road office
prior to final plat approval.
28. Road geometry shall meet the criteria in the City of Bozeman design standards unless a
deviation can be justified and approved by the City Engineer. Some of the intersections
do not meet the standards as currently shown.
29. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Oak Street.
30. The applicant and property owner shall submit documentation of easement release and
rededication along Annie Street at time of filing final plat. A copy of the easement
documentation shall be recorded with the final plat.
31. Improvements necessary to bring the intersection of Cottonwood Road and Durston Road
to an acceptable level of service shall be completed prior to final plat of the initial phase.
If another development completes the improvements first, the developer shall provide to
the City a payment equal to one-third of the local share of improvement costs for
reimbursement to the other development.
32. The Conditions and Notes sheet of the final plat shall 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 obligation to install sidewalks:
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“City standard sidewalks (including a concrete sidewalk section through all private drive
approaches) shall be constructed on all public and private street frontages prior to
occupancy of any structure on individual lots. Upon the third anniversary of the plat
recordation of any phase of the subdivision, any lot owner who has not constructed the
required sidewalk shall, without further notice, construct within 30 days, the sidewalk for
their lot(s), regardless of whether other improvements have been made upon the lot.”
33. An additional street light may be needed at the northern intersection of Samantha Lane
and Abigail Lane. City of Bozeman Public Works Department to approve final lighting
plan with LED bulbs.
34. 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. The request to form a lighting district shall
include all lighting types for which the district will be responsible.
35. The initial adoption of the special improvement lighting district shall include the entire
area of the preliminary plat for the Boulder Creek Subdivision. As each final plat within
the Boulder Creek Subdivision is approved the area and number of lots approved for
development and associated lighting improvements shall be added to basis of the installed
improvements and the fee payers of the district. Areas within the district which are
platted as Lot 1R shall not be assessed a fee or if it is determined that a fee must be
charged to Lot 1R the lot shall be assessed as a single lot.
36. The retention pond adjacent to Park 1 shall be inspected and re-graded if needed to
comply with maximum side slope requirements.
37. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure. Secondary accesses will be required with each
individual phase of this development as the project proceeds from one phase to the next.
38. The Conditions and Notes sheet of the final plat shall 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:
“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.”
39. 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
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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.
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.
40. 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.
41. The property owners dependent on the sewage lift station shall be responsible for
financing the costs of its operation and maintenance, which will be the responsibility of
the City.
42. The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
43. The water main in the Oak Street and Annie Street rights of way shall be connected to
existing water system to provide adequate looping in the initial phase of the development.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. Section 38.41.020 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. This includes revisions to permits made necessary by conditions of approval.
B. Section 38.243.040 requires pedestrian rights of way to be constructed as standard City
sidewalks. Those sections outside of the common open space used to satisfy parkland
requirements, e.g. private common open spaces 1, 2, 5, 6, & 7 used for block length
compliance, shall be depicted and constructed in accordance with the Section. Install to
property boundary with appropriate transition to Class II trails to prevent washout of
intersecting trail material and ADA compliance.
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C. Section 38.27.070 “Landscaping of Public Lands” – 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 is required with the final plat application.
D. Any proposed public parklands for the residential development may not be located in the
water course setback or associated wetlands; however trails may be located with the
watercourse setback. The two public parks are adjacent to an existing detention pond and
an existing pond.
E. A waiver of right to protest creation of a park maintenance district shall be prepared by
the City, signed by the landowner, and recorded as part of the initial final plat per Section
38.27.090, BMC.
F. Section 38.41.080.2.g.9 requires 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/detention basin location, and
locate 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 sites, drainage ways, and
lot finished grades), typical stormwater retention/detention basin and discharge structure
details, basin sizing calculations, and a stormwater maintenance plan.
Any stormwater 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 38.23.070 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.
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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.
I. The transfer of water rights or the payment of cash in lieu of water rights shall be
provided in accordance to BMC section 38.23.180.
J. Section 38.41.080.g.7 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.
K. Section 32.23.070 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
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.
SECTION 5 - RECOMMENDATION AND ACTIONS
Project Name: Boulder Creek Subdivision preliminary plat
File: P-14023
The Development Review Committee (DRC) held meetings on June 4, June 11, and June 18,
2014 to consider the subdivision. The DRC found that the application is sufficient for review and
recommends approval with conditions to the Planning Board and City Commission on the
subdivision.
The Recreation and Parks Advisory Board subdivision review committee considered the
proposed park master plan and park dedication at their meeting on June 13, 2014. They
recommend favorably with the conditions as outlined by Staff in this report.
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The Planning Board conducted a public hearing on the subdivision and made a favorable
recommendation to the City Commission. The hearing date for the Planning Board was July 1,
2014 at 7 pm at 121 N. Rouse Avenue, City Hall.
The City Commission mad the final decision on this subdivision application. The hearing date
for the City Commission was July 21, 2014, 6 pm at 121 N. Rouse Avenue, City Hall.
SECTION 6 - ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission considered the following:
1) Compliance with the survey requirements of 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.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in Chapter 38, BMC,
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. Pursuant to Section 38.03.040.A, BMC, conditional approval of the preliminary plat shall
be in force for not more than three years for multi-phased major subdivisions. As a multi-
phased subdivision, conditional approval of the preliminary plat for the Boulder Creek
Major Subdivision shall in be force for three years. Prior to that expiration date, the
developer may submit a letter of request for the extension of the period to the Director of
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Community Development with each request considered on its individual merits and
consideration of the criteria provided in 38.03.040.A, BMC.
B. Final plats shall contain the applicable language for all certificates listed in Sections
38.06.020 through 38.06.110, BMC.
C. 38.23.050, BMC “Utilities” - Utilities shall be placed underground, wherever technically
and economically feasible. If overhead utility lines are used, they shall be placed along
the rear property line.
D. 38.23.060.B, BMC “Private Utilities” – The final plat and property owners’ association
documents shall contain a note stating that if a utility easement is greater than the
building setback required by Chapter 38, B.M.C. said easement shall apply. All utility
easements to be noted on the final plat for each typical subdivision lot/block, exclusive of
notations on the final plat.
E. 38.23.120, BMC - If mail service will not be to each individual lot within the
development, the developer shall provide an off-street area for mail delivery within the
development in cooperation with the United States Postal Service. All cluster mail boxes
must be ADA accessible and placed accordingly. It shall not be the responsibility of the
City to maintain or plow any mail delivery area constructed within a City right-of-way.
F. 38.26.050.E, BMC “Street Frontage” – The property owners’ association documents shall
contain language stating that all street rights-of-way contiguous to or within the proposed
development site not used for street pavement, curbs, gutters, sidewalks or driveways
(i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code.
The right of way shall include one (1) large canopy tree for each 50 feet of total street
frontage rounded to the nearest whole number. For street trees, a City of Bozeman
planting permit for street trees and obtaining utility locates is required before any
excavation begins in the City of Bozeman right-of-way. The covenants shall include a
planting note stating that the planting hole shall be at least twice the diameter of the root
ball, that the root flare of the newly planted tree is visible and above ground, and there
should be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
G. 38.38.020, BMC and 38.38.030, BMC “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 Department of Community
Development. These covenants shall contain, but not be limited to, the following items:
1) provisions for snow removal, 2) guidelines that outline architectural and landscape
guidelines for each individual lot and/or phase of the subdivision, including placement of
boulevard trees, 3) common area maintenance provisions including landscape details and
maintenance provisions for boulevard irrigation and trees, 4) noxious weed control, 5)
parking within residential structures, and 6) assessment of existing and future Special
Improvement Districts.
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H. These documents shall be submitted to the City Attorney and shall not be accepted by the
City until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Community Development Department at least
30 working days prior to submitting a final plat application. These documents shall be
executed and submitted with the initial final plat to be filed with the Gallatin County
Clerk and Recorder at the time of final plat recordation.
I. 38.39.030, BMC “Completion of Improvements” - If it is the developers intent to file the
plat prior to the completion of all required improvements, an Improvements Agreement
shall be entered into with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements.
J. 38.39.030.B.2, BMC “Sidewalks” – The final plat and property owners’ association
documents shall include language stating that “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.”
K. 38.41.050.A.8, BMC – 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 Community Development Department prior to final
plat approval.
L. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for
all irrigation installed in public rights-of-way once the irrigation system is installed. The
as-builts shall include the exact locations and type of lines, including accurate depth,
water source, heads, electric valves, quick couplers, drains and control box.
M. That the applicant obtains 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.
N. 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.
O. 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.
Conditions 1-6 address various platting requirements including necessary copies of the plat for
review prior to recording, clarification of information presented, adequate recordation of the
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phasing of the plat and compliance with state law requirements for tracts less than 160 acres, and
transfer of improvements to be installed with the plat but not dedicated to the public.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed, as
required by the Bozeman UDC. Notice has been given as described in Appendix D. The
application materials were reviewed and found adequate for review. Based on the
recommendation of the DRC and other applicable review agencies, as well as any public
testimony received on the matter, the Planning Board shall forward a recommendation in a
Resolution to the City Commission who will make the final decision on the applicant’s request.
A pre-application was reviewed and a final plat will be reviewed prior to recording.
4) Compliance with Chapter 38, BMC and other relevant regulations
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. Compliance with required conditions must
be demonstrated during the review of each final plat.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
As noted under Staff Finding 2 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.
There will be a slight change in alignment for Annie Street. An easement already is in place for
the street. If needed, as noted in Condition 30, the applicant and property owner shall submit
documentation of easement release and rededication along Annie Street at time of filing final
plat. A copy of the easement documentation shall be recorded with the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
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 shall include a public
access easement for all areas labeled as common open space. 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.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
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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) The effect 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 nor that any damage is
done to Baxter Creek or Baxter Ditch. By law the subdivision of this property cannot damage
downstream water users. Baxter Ditch is located on the eastern boundary and a 10-foot ditch
maintenance easement on either side of the ditch is depicted on the plat. The ditch is further
located within a common open space so there will not be adjacent private structures which might
interfere with access.
Baxter Creek, as a natural occurring watercourse, even 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) The effect on Local services
Water/Sewer – Boulder Creek 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. The lift
station was sized to handle all phases of Laurel Glen, Westbrook and Boulder Creek. Sewage
will be conveyed to and treated at the wastewater treatment plant located at Moss Bridge and
Springhill Roads. Lift stations require extra operational care and maintenance. The City has
established a surcharge program for sewer bills to cover these costs. Conditions 39-40 address
the participation of this subdivision in maintaining the lift station serving it.
The extension of Annie Street on the southern border and Oak Street on the north will also
enable secondary main connections in the water system. This secondary 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. Condition 43 addresses the
timing of the installation of the water main. The phasing of development is important to ensure
that adequate access and utility services can be provided to all platted lots. Therefore, Condition
37 requires phasing and secondary access to be addressed with the plans and specifications
review.
Streets – Access to the subdivision is provided from Durston Road and Cottonwood Road
(Arterial), Laurel Parkway (Collector) - all three are existing streets - and Oak and Annie Streets,
which will be extended to create a connection between segments of roadway in Laurel Glen to
the west and in Flanders Creek to the east. Annie Street will divide the approved but not built
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Westbrook subdivision to the south from the subject site and will be constructed to the same
specifications as the existing endpoints. Oak Street will also be constructed to the same
specifications as the existing endpoints including sidewalk connections. Condition 26 notes that
Oak and Annie Streets will be constructed in the first phase of the subdivision. A one-foot no
access strip shall also be recorded on the final plat restricting access for any lots fronting onto
Oak Street. Condition 29 requires this restriction to comply with Section 38.24.090, BMC which
limits access onto arterial streets. Conditions 27 and 28 address compliance with adopted
standards.
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 Westbrook subdivision will further degrade this
intersection. The Westbrook subdivision has already been conditioned to make corrections to
this intersection so that the level of service standards are met. The study recommends several
options including adding a four-way stop or a four-way stop in combination with a left turn lane
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. Condition 31 has a two part requirement to either make
corrections to the intersection or contribute a proportional share of the improvements undertaken
by another 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 39 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 this time there is not a designed project or a specified funding package to complete the
required work. The applicant is encouraged to participate in the development of the design and
funding packages to expedite progress. Two other subdivisions are either approved 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.
Sidewalks are an essential part of the street infrastructure. Some sidewalks must be installed with
the initial construction and other sidewalks may be deferred until construction of the homes
within the development. Conditions 25 and 32 give direction for recording of notes on the plat to
inform buyers of their obligations and to require some upfront installations.
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 33-35 address lighting.
Condition 33 requires the use of LED lighting fixtures. This does not modify the pole heights or
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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.
Stormwater - The applicant submitted a preliminary design report for stormwater 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, will be required as part of
the infrastructure plan and specification review process prior to final plat approval. The required
detention ponds are within common open spaces to be owned by the proposed homeowners
association. There is a question whether existing detention pond 1 was constructed to required
standards. The pond shall be examined and any necessary changes made to ensure a functional
and safe condition. This is required by Condition 36.
Parklands – The applicant submitted a master park plan for this project. The Boulder Creek
Master Park Plan is comprised of four major components: dedicated park areas, private common
open space areas, a trail network and watercourse planting. The required parkland calculation is
as follows:
59 single-household lots x .03 acres per lot = 1.7700 acres
4 multi-family lots at 4.9938 acres x 8 du/acre x .03 acre per dwelling unit = 1.1985 acres
Total minimum required parkland acreage of 2.9685 acres
The applicant is providing 2.9269 acres for a deficient of 0.0416 acres. A cash-in-lieu-of was
initially requested for the 0.0416 acres of parkland not contributed. However, at the Recreation
and Parks Advisory Board subdivision committee (RPAB) meeting it was identified that the
applicant was providing trail improvements which would offset the required 0.0416 acres. A
letter from the applicant’s Engineer was provided to verify this. The letter is attached. Therefore
is has been determined that no payment is necessary as the applicant will dedicate sufficient land
and amenities. Staff supports the RPAB decision.
Two proposed parks are located in the SW corner of the development. All parkland will be
dedicated in the first phase. However, most parkland improvements including trail improvements
will occur in the third phase as outlined in the Master Park Plan. Condition 7 requires the
sidewalk along Annie Street to be installed with the park dedication to provide a safe pedestrian
circulation. The applicant must show compliance with the parkland dedication requirements with
each phase. Therefore, Condition 7 requires that with the first final plat within the subdivision
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the entire park areas shall be dedicated to the City. Each phase will then have assurance that the
final park land required will be provided as needed and improvements to parkland will occur
according the Master Park Plan. Installation of improvements must be approved by the Parks and
Recreation Director.
The required parkland is shown outside of the Baxter Creek wetland setbacks. The setback is not
considered suitable for park dedication in most circumstances. The developer has expressed
interest in granting the watercourse and pond area to the City in order to create a more
coordinated park area and to facilitate maintenance in the short and long term. Condition 9 notes
that should the developer wish to do this the Park Master Plan must address the entire area to be
provided. The grant of the additional area of the watercourse area is not a condition of approval
nor would the additional area be considered as excess parkland available to offset other
dedication requirements. However, staff agreed and the City Commission concurred that
consolidating Park 1, Park 2, and the common open space between them would provide a
superior outcome.
The common open space contains an old gravel pit which has since filled with water. The
boundaries of the pit are mapped but not the subsurface contours. The US Army Corps of
Engineers (USACOE) has asserted authority over the wetlands which have developed around the
edge of the water. The developer proposes to keep the gravel pit in place. Conditions 11 and 12
require safety modification to the pond to remove hazards and to make the space more usable. A
Section 404 permit for modifications to the pond has been approved by the USACOE. Staff has
verified by personal contact with the USACOE that they will consider modifications to the
permit to accommodate City concerns.
The proposed park area has less than 100% street frontage as required. There is an alternative
provision in the code to provide less than 100% if certain improvements are made within the
park. The applicant has proposed to provide a pavilion structure to comply with the alternative
option. Condition 15 identifies this and will require compliance before filing of phase 3. As there
are private properties adjacent to the park the character of that boundary is important. Condition
16 requires coordination for the areas along parks and common open space areas. 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.
Two trails are planned for the subdivision. One trail is located west of Baxter Ditch and connects
to the trail system in Flanders Creek subdivision. The other trail is located on the east side of
Baxter Creek and is proposed to connect from Oak Street south to Annie Street along the east
side of the existing pond. Seven private common open space corridors are planned for the
subdivision to connect park areas and trails as well as to offset the 400-foot maximum block
length. As noted in Condition 18, staff recommends that private common open space 1 and 2 be
moved south one lot to better connect the Class II trail.
Conditions 20-24 address the property owner’s association documentation. In order to have
clarity of responsibility, equity of assessed costs, adequate provision of maintenance to public
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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 initial 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 possibility of similar associated problems the
City is requiring a more proactive approach with this development.
4) The effect on the Natural environment
With exception to the Baxter Creek water course, Baxter ditch, the existing pond 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 and Boulder Creek 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. New
plantings will be placed in the Baxter Creek watercourse. Condition 17 requires that the
watercourse plantings occur according to the Park Master Plan. Condition 38 provides notice to
future buyers of the presence of the high groundwater.
5) The effect on Wildlife and wildlife habitat
According to the Montana Department of Fish, Wildlife and Parks (FWP), stream stabilization
and fish habitat preservation are the main concerns. 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. The first concern 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.
Three stream crossings are proposed: the installation of Annie and Oak Streets and Sherwood
Way. 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. If the Commission wishes to have a bridge rather than a culvert as proposed by the
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developer, a specific condition of approval should be applied to the project. The applicants have
begun the necessary permitting process to receive approval for installation of culverts. The City
Commission approved the use of culverts in the Westbrook subdivision to the south.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any 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
result, the DRC has reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 18, 2014 and
comments transmitted on June 22, 2014. With the pre-application plan review application, no
waivers were requested by the applicant from Section 38.41.060 “Additional Subdivision
Preliminary Plat Supplements”. Staff offers the following summary comments on the
supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Baxter Creek is an existing surface water on the property. The Montana FWP designate the
Baxter Creek and Baxter Ditch as streams and ditches with associated wetlands. As a result, any
activity within the identified watercourse and/or wetlands area will require applicable Section
310 and 404 Permits, which have been obtained by the applicant. The Department commented on
this development noting the subdivision should have negligible effects to wildlife and wildlife
habitat, but identified measures for future development to protect raptor nesting and perching
stands in the area. The Department emphasized concerns with avoiding the disturbance of
existing riparian or wetland vegetation, pollutants from storm water runoff, and localized stream
disturbances during construction
38.41.060.A.2 Floodplains
The subject property is located in panel 30031C0803D, which is a non-printed panel, as a “No
Special Flood Hazard Area” per FEMA. However, these areas sometimes are not mapped or
studied to any great detail. As Baxter Creek flows through this property, a floodplain analysis
was performed by Allied Engineering and approved by the City of Bozeman Engineering
Department for all phases of Boulder Creek Subdivision. A floodplain delineation with lot
layout was provided with the application that depicts that no lots are located in the 100-year
designated areas.
38.41.060.A.3 Groundwater
Soils reports and information from the Natural Resources Conservation Service were utilized to
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determine and confirm the seasonal water depths on the site. Approximately half of the site
contains soils that typically have high water tables extending within one to four feet of the
surface. The other half are covered with soils that have estimated high groundwater tables of at
least six feet or below. A geo-technical report presents detailed recommendations for site
development in shallow groundwater environments. Condition 38 requires an advisory note
regarding the presence of high groundwater.
38.41.060.A.4 Geology, Soils and Slopes
The subject property is characterized as flat sloping topography (1.0% to 1.5%), upland terrain
and shallow gravelly soils and thus no geologic hazards or great slopes. Approximately 50
percent of the site contains soils that typically have high water tables extending within one to
four feet of the ground surface (soil types 448A—Hyalite-Beaverton complex, moderately wet, 0
to 2 percent slopes; 457A—Turner loam, moderately wet, 0 to 2 percent slopes, 511A—Fairway
silt loam, 537A—Lamoose silt loam, 0 to 2 percent slopes, 509B—Enbar loam, 0 to 4 percent
slopes, and 510B—Meadow creek loam). The remaining 50 percent of the site’s soils have
estimated high groundwater tables of at least six feet or below (soils types 748A—Hyalite-
Beaverton complex, 0 to 4 percent slopes and 453B—Amsterdam-Quagle silt loams, 0 to 4
percent slopes). The Building Division will require a soil analysis to be provided with each
application for a building permit within the proposed subdivision.
38.41.060.A.5 Vegetation
Two critical plant species were identified by the Montana Natural Heritage Program as being
located within the Section, Township and Range. According to the applicant, any occurrences of
these species will not be disturbed during development activities. A noxious weed management
plan has been approved by Gallatin County.
38.41.060.A.6 Wildlife
Vaughn Environmental Services conducted a field investigation that revealed little or no wildlife
signs on areas of the property near the Baxter Ditch or the depressional wetland. Similar
observations were noted in the area around Baxter Creek. However, as noted earlier in this
report, the Montana FWP has concerns regarding fish and riparian areas. It is anticipated that the
addition of woody plant materials with the required watercourse plantings will improve habitat
for small animals and birds.
38.41.060.A.7 Historical Features
The Montana Historical Society has indicated no historical structures exist on site. Any structure
over 50 years old is eligible for listing on the National Register of Historic Places. A cultural
resources inventory will not be conducted unless historic structures are discovered during
construction.
38.41.060.A.8 Agriculture
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Due to fractured ownership of the surrounding properties and encroaching development, the site
is no longer considered a viable farming unit. See also discussion above under the primary
review criteria.
38.41.060.A.9 Agricultural Water User Facilities
Baxter Creek originates less than 3 miles south of the subject property in Section 22, Township 2
South, Range 5 East and flows approximately 1 mile north where it is intercepted by Farmers
Canal. Baxter Creek flows again downstream of ponds located near the intersection of Huffine
Lane and Cottonwood Road in Section 16, Township 2 South, Range 5 East and is supplemented
by irrigation water from Farmers Canal. Baxter Creek continues northward through the subject
property and eventually discharges to Hyalite Creek approximately 5 miles north in Section 8,
Township 1 South, Range 5 East. Baxter Creek carries water for private water rights users and
shareholders of the Farmers Canal Company. Downstream water users include irrigation, stock
water, recreation, commercial, fish and wildlife. Baxter Creek, as a natural occurring
watercourse, even 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. Easements will be provided to provide for maintenance access.
38.41.060.A.10 Water and Sewer
The applicant has provided the necessary water and sewer design report for review by the
Water/Sewer and Engineering Departments. Final approval of the water distribution system and
sewage collection/disposal system will be obtained through normal approval procedures of
preliminary and final plat review. Approval by the Engineering Department, Superintendent of
Water/Sewer, and Montana Department of Environmental Quality is required.
The existing Laurel Glen area is served with a single water main. This is public safety concern as
there could be a deficiency of water if the main needed to be shut down for maintenance. The
subdivision will add two water main connections in the Oak Street and Annie Street alignments.
These will improve reliability of water supply in the area. In order to correct the present
deficiency and prevent it from becoming worse with additional development, Condition 42
requires the water mains to be connected with the initial phase of development.
38.41.060.A.11 Stormwater Management
Stormwater from the subdivision will be conveyed to multiple stormwater detention/retention
ponds on site, which are depicted on the submitted drainage plan. Completion of the stormwater
plan and issuance of a stormwater permit before disturbance of any soil is required by ordinance
and Code Requirement F and G. Condition 36 stipulates the existing retention pond must meet
slope requirements as outlined in City Codes so that banks steeper than allowed must be
modified to comply with standards.
38.41.060.A.12 Streets, Roads and Alleys
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The proposed subdivision is bound by Annie Street (local) to the south, Laurel Parkway
(collector) to the west and Oak Street (arterial) to the north and Flanders Creek subdivision to the
east. City standard sidewalks will be installed and will specifically connect Oak Street sidewalk
endpoints. This subdivision will construct Annie Street to the same specifications as the segment
of Annie Street in Laurel Glen and Westbrook. All local streets will be constructed to city
standards. The sidewalks are an important missing link between two existing subdivisions and
the students traveling to the school. Mailboxes, which are frequently integrated within the street
right of way, must be coordinated per Condition 42 to avoid placement which may conflict with
engineering design standards.
38.41.060.A.13 Utilities
The gas, electric, phone and fiber optic services will be extended into the subdivision from the
surrounding streets. The standard utility easements have been provided with the preliminary plat.
Cited code provisions also address required utility easements. All utilities will be required to
coordinate their installation and location with the installation of the infrastructure.
38.41.060.A.14 Educational Facilities
The Bozeman School District’s review comments indicate that the proposed development would
generate 25 Pre-K through 5th grade students, 11 6th through 8th grade students and 15 9th through
12th grade students. These students could be accommodated in Meadowlark Elementary, Chief
Joseph Middle and Bozeman High Schools respectively, and that the existing bus service is
adequate to serve these students. Infrastructure, such as sidewalks, will provide a Safe Route to
School pathway for students to safely traverse the developed and existing roadways.
38.41.060.A.15 Land Use
The 63 lot subdivision is planned for single-household (59 lots) and multi-household residences
(4 lot). The portion of the property proposed for the single-household lots is zoned R-2, which is
consistent with the uses allowed in those zoning districts. The portion of the property proposed
for the multi-household lot is zoned R-4 to facilitate higher density development.
38.41.060.A.16 Parks and Recreation Facilities
The applicant submitted a park master plan for the subdivision. The proposed parkland area is
located in the northwest corner of the property and is 2.9269 acres in size. The plan includes a
public access trail which connects the multi-household lots to the existing trail in Flanders Creek.
Another public access trail is located east of Baxter Creek that will be connected to the public
access trail through the proposed public park 1 and eventually to the Westbrook subdivision via
sidewalks.
38.41.060.A.17 Neighborhood Center Plan
Between this subdivision and the proposed adjacent Westbrook subdivision, the applicant has
provided two public park spaces to serve as the neighborhood center this subdivision. Public
Park 2 will receive a pavilion to serve as a neighborhood center amenity. The location is
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adequate to meet the required standards.
38.41.060.A.18 Lighting Plan
The applicant’s proposed lighting plan is provided in Appendix I of the preliminary plat
submittal materials. Street lights are proposed at the intersections of arterial streets; however,
Condition 33 states an additional street light may be needed at the northern intersection of
Samantha Lane and Abigail Lane. The City of Bozeman Public Works Department will approve
final lighting plan with LED bulbs. A Street Light Improvements District (SLID) will be created
in cooperation with Northwestern Energy and the City of Bozeman for financing installation,
maintenance and electrical costs. To coordinate the practical administration of the district and
ensure it is created in a timely manner Conditions 34 and 35 address timing and scope of the
district. See also the discussion under the primary review criteria above.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. The pond is the subject of Conditions 11-12.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article
10.08, BMC, has been suspended by the City Commission.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A) PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC,
public notice was given, opportunity to submit comment was provided to affected parties, and a
review of the preliminary plat described in this findings of fact was conducted. The applicant
presented to the City a proposed preliminary plat for a major subdivision of 35.34 acres into 59
single-household residential lots (R-2), 4 multi-household lots (R-4), streets, 2 public parks,
private common open space corridors, Class II trails and related site improvements. There is a
phasing plan for subdivision development and park improvements The purposes of the
preliminary plat review were to consider all relevant evidence relating to public health, safety,
welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria
and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved,
conditionally approved, or denied.
B) It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter 38,
Article 33, BMC, and considering all matters of record presented with the application and during
the public comment period defined by Chapter 38, BMC, the City Commission has found that
the proposed preliminary plat would comply with the requirements of the Bozeman Municipal
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P-14023 Findings of Fact for the Boulder Creek Subdivision Page 33 of 36
Code if certain conditions were imposed. Therefore, being fully advised of all matters having
come before her regarding this application, the City Commission makes the following decision.
C) The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development to
ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
D) 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
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
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P-14023 Findings of Fact for the Boulder Creek Subdivision Page 34 of 36
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A –ADVISORY CODE CITATIONS
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law. It is the duty of the applicant
to submit plans and other materials which conform to all standards. Submittal of inaccurate or
incomplete materials may delay review of the application or prohibit its approval.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-2 (Residential Two-Household Medium Density District), R-4
(Residential High Density District), and PLI (Public Lands and Institutions). The intent of the R-
2 residential two-household medium density district is to provide for one- and two-household
residential development at urban densities within the city in areas that present few or no
development constraints, and for community facilities to serve such development while
respecting the residential quality and nature of the area. The intent of the R-4 residential high
density district is to provide for high-density residential development through a variety of
housing types within the city with associated service functions. This will provide for a variety of
compatible housing types to serve the varying needs of the community's residents. Although
some office use is permitted, it shall remain as a secondary use to residential development.
Secondary status shall be as measured by percentage of total building area.
Pursuant to Section 38.08.080, BMC, minimum net densities in the R-2 District is five dwellings
per net acre, while R-4 has a minimum density of 8 dwellings per net acre. A minimum is
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P-14023 Findings of Fact for the Boulder Creek Subdivision Page 35 of 36
required to support efficiency in use of land and provision of municipal services, and to advance
the purposes and goals of this chapter and the adopted growth policy. The calculated density for
this project is approximately 5 units per net acre for the single-household lots. The proposed
density for the multi-household lot has yet to be determined but a minimum of 8 dwellings per
net acre is required.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.”
The dwelling unit density expected within this classification varies between 5 and 32 dwellings
per net acre. All residential housing should be arranged with consideration of compatibility with
adjacent development, natural constraints such as watercourses and steep slopes, and in a fashion
which advances the overall goals of the Bozeman growth policy.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description Subdivision plat for the Bounder Creek major subdivision to subdivide
35.34 acres into 59 single-household residential lots (R-2), 4 multi-household lots (R-4), streets,
2 public parks, private common open space corridors, Class II trails and related site
improvements. The project is located north of Annie Street, east of Laurel Parkway, south of Oak
Street and west of Flanders Creek subdivision. Baxter Creek and Baxter Ditch are located on the
property with Baxter Creek near the western portion and Baxter Ditch near the eastern portion.
Project Background The subject property was originally platted as part of the Laurel Glen
Subdivision, Phases 3 & 4, in 2008 for potential residential construction but was never
constructed. A preliminary plat application was submitted on December 20, 2013 and was
deemed incomplete on December 30, 2013. The applicant re-submitted on February 5, 2014,
which was deemed acceptable for initial review on February 12, 2014. A zone map amendment
was processed to better align the zoning boundaries to the proposed uses. The final adoption of
that amendment was approved on June 23, 2014.. The preliminary plat was resubmitted on April
22, 2014 and was deemed acceptable for review on May 16, 2014.
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APPENDIX D – NOTICING AND PUBLIC COMMENT
The application was reviewed by the DRC on May 28, June 4 and June 18, 2014 and the DRC
provided a favorable recommendation on the application to the Planning Board and City
Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, June 8,
2014. The site was posted with a public notice on June 6, 2014. Public notice was sent to
adjacent property owners via certified mail, and to all other property owners of record within 200
feet of the subject property via first class mail, on June 6, 2014.
One public comment was received regarding the development of the R-4 area of the subdivision.
As the R-4 district pre-existed the subdivision no actions were taken on the comment.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718
Applicant: Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718
Representative: C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT
59718
Report By: Chris Saunders, Policy and Planning Manager
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