HomeMy WebLinkAboutLegends at Bridger Creek II, Phase III Findings of Fact_5
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Legends at Bridger Creek II, Phase III Major Subdivision
Preliminary Plat P14022 Findings of Fact and Order MEETING DATE: September 22, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat Application. BACKGROUND: On July 21 and August 11, 2014, the City Commission held a public hearing
on an application for preliminary plat approval for the Legends at Bridger Creek II, Phase III
Major Subdivision. The Commission approved (4:1) 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: September 15, 2014
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the Legends at
Bridger Creek II - Phase III Major Subdivision; P14022
Public Hearing Dates: City Commission meeting is on July 21 and August 11, 2014
Project Description: A preliminary plat for a major subdivision to allow the subdivision of
24.69 acres into 51 single-household lots, related streets, an alley, open space and the re-
platting of two lots from Phase 2 of the Legends at Bridger Creek II Subdivision.
Project Location: The subject property is generally located between Midfield Street and
Creekwood Drive, south of Bridger Creek. The property is legally described as Lot 69,
Lot 70 and Lot R of the Legends at Bridger Creek II Subdivision, Phase II, Plat J-516,
situated in Section 32, Township 1 South, Range 6 East, P.M.M, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended 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 P14022 and move to approve the Legends at Bridger Creek II,
Phase III Major Subdivision with conditions and subject to all applicable code provisions.
Report Date: Tuesday, September 16, 2014
Staff Contact: Tom Rogers, Associate Planner
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
PROJECT SUMMARY
The property owner and applicant Guiness Partners, Inc., 430 N. Ryman 2nd floor, Missoula, MT
59802, represented by Morrison Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771, submitted
an application to complete the final phase of the Legends at Bridger Creek II Subdivision. This
application will subdivide the remaining 24.69 acres of this project into 51 single-household lots
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and related streets and open space. This phase will complete the connection of Boylan Road with
Phase 2 to the west and the Creekwood Subdivision to the east. This project will also designate
the remaining open space and trail areas south of Bridger Creek as publicly available open space
which will be maintained by the Legends at Bridger Creek II Property Owner’s Association.
Parkland requirements for this project were met with a parkland dedication in Phase 1.
One written comment was received prior to the Planning Board meeting and is attached to this
report.
TABLE OF CONTENTS PROJECT SUMMARY .................................................................................................................. 1
SECTION 1 - MAP SERIES .......................................................................................................... 3
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATION AND ACTIONS ............................................................. 11
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 12
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 14
Preliminary Plat Supplements ........................................................................................... 16
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 22
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 24
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 25
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 25
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 26
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses:
North: Unannexed County Land (Across Bridger Creek); Vacant/Agricultural
South: Unannexed County Land; Single Household Dwellings
East: Zoned R-S (Residential Suburban District): Creekwood Subdivision/Single Household
Dwellings
West: Zoned R-1 (Residential Single Household Low Density District): Legends at Bridger
Creek II – Phase 2; Single Household Dwellings/Lots
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Figure 1: Legends II, Phase III Plat
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SECTION 2 – REQUESTED VARIANCES
No variances have been requested as part of this subdivision.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
Community Development
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings
for public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include 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 Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as a separate document from the Plat. This accompanying sheet may either be on a same sized mylar sheet or a letter or legal paper document with up to 11x17 exhibits.
2. 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.
3. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire Final Plat submittal. This narrative shall be in sufficient detail to direct the reviewer
to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The final plat shall include the following certificate: 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: (insert description and designations, e.g. open space
parcels, storm water, etc. with each parcel having its own description like open space parcel A which corresponds to the labels on the plat face). Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I,
(insert 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
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and are covered by the subdivision improvements agreement accompanying and recorded
with this plat.
Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION
PONDS, COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW).
Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE
BRIDGE & LAWN.)
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: ________________
5. The subdivider shall provide the necessary declaration and recitals indicating that the
property owner’s association bylaws and/or declaration of covenants, conditions and
restrictions include this property as being part of the existing Legends at Bridger Creek II property owners association. Any cost sharing agreements for maintenance shall be
included with the final plat.
6. The final plat shall contain the following notation on its face or in a document to be
recorded with the final plat:
“Ownership of all common open space areas and trails, and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the
property owner’s association. Maintenance responsibility shall include, in addition to the
common open space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space including
trails are for the use and enjoyment by residents of the development and the general public.
The property owner’s association shall be responsible for levying annual assessments to
provide for the maintenance, repair, and upkeep of all common open space areas and trails.
At the same time of recording the final plat for each phase of the subdivision the subdivider shall transfer ownership of all common open space areas within each phase to the property
owner’s association created by the subdivider to maintain all common open space areas
within Legends at Bridger Creek, Phase III.”
7. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat, or other recordable document acceptable to the City of
Bozeman. This table shall include but not be limited to listing all dedicated parkland
requirements, parkland or parkland credits and areas not credited towards parkland (i.e.,
detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each.
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8. The applicant shall provide a minimum of 1.53 acres of dedicated parkland or equivalent
thereof with the major subdivision. This amount is calculated based on 51 single household
residential lots at 0.03 acres per dwelling of dedicated parkland.
9. The applicant recognizes it must meet the parkland requirements of Sect. 38.27.020, BMC. The applicant also recognizes it seeks to use available parkland credits associated with the
dedicated parkland within Legends at Bridger Creek II, Phase I including the dedicated city
park known as the “5 acre park” and should therefore participate in the maintenance of
such parkland. Therefore, the applicant shall, prior to final plat approval, work with the
Legends at Bridger Creek II Association to arrive at an agreed upon method to ensure the applicant and any future property owner’s association created for this subdivision
(including all its phases) succeeding in interest to the applicant contribute sufficient
consideration to the Legends at Bridger Creek II on an equitable basis for the maintenance
and upkeep of existing publicly dedicated parks and publicly accessible open space lands
and trails located within the Legends at Bridger Creek II, Phase I. Prior to final plat approval, the applicant shall provide evidence that an agreed upon method has been
established. The agreement may contain a provision that should the City create a park
maintenance district for maintenance of areas subject to the agreement the agreement may
terminate.
The property owner’s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Legends at Bridger
Creek II Association and binding property owners to contribute to the maintenance and
upkeep of dedicated parks and publicly accessible open space lands as required by the
agreement between the applicant and the Legends at Bridger Creek II Association. The
provisions in the property owner’s association documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC.
10. 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 public parkland within the subdivision.
11. The definition for “parks” in the property owner’s association documents shall not include
reference to any lands being conveyed to the City of Bozeman or reference to “Public
Park”, unless public parkland is being dedicated with this major subdivision.
12. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location.
13. Temporary cul-de-sacs shall be provided at the end of any dead end street longer than one
lot deep that is created by phasing.
14. All rights of way that contain City utilities must be a minimum of 30’ wide, and cannot
contain other utilities.
15. The Title/Certificate sheet shall be amended to remove the “Lot R” label or designation
that overlaps the “O.S. 2” (Common Open Space) parcel south of Bridger Creek.
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Engineering
16. Street names must be approved by the City Engineer and Gallatin County road office prior
to final plat approval.
17. All streets contained within the subdivision shall be within dedicated public right of way and built to city standards.
18. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
19. The developer shall make arrangements with the City Engineering Department to provide
addresses for all individual lots in the subdivision prior to the filing of the final plat.
20. A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. Any proposed public street lighting shall be LED.
21. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond.
22. The proposed water main within the right of way of the extension of Boylan Road shall
connect to the existing stub at the western terminus of the Creekwood Subdivision to
complete the necessary loop of the water network.
23. The surrounding flood plain of Bridger Creek shall be ground-truthed and shown on the final plat to verify no proposed lots will be located within the flood plain.
24. The developer shall install adequate restroom facilities within the Legends at Bridger Creek
II, Public Park 1 prior to final plat approval. The location and construction design of the
facility shall be reviewed and approved by the Director of Parks, Recreation and Cemetery and the Community Development Department prior to construction. All required building permits shall be acquired prior to commencing construction.
25. Open Space 1 shall be relocated between Lot 115 and Lot 116 to align with the road on the
south side of Boylan Road. An additional pedestrian right-of-way 30 feet in width shall be
located between proposed Lot 112 and Lot 113 to align with the road on the south side of Boylan Road.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified
SECTION 5 - RECOMMENDATION AND ACTIONS
The Development Review Committee (DRC) reviewed the Preliminary Plat application on April
23, 30 and May 7, 2014; and as a result, finds that the application, with conditions, is in general
compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the
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Unified Development Code. On May 7, 2014 the DRC recommended conditional approval of
the preliminary plat application.
The Recreation and Parks Advisory Board (RPAB) reviewed the proposed subdivision on May 9,
2014. The RPAB recommended the City Commission approve the proposed subdivision as
proposed. The RPAB comments are attached to this report.
The Planning Board held a public hearing on this preliminary plat on June 17, 2014. Three
members of the public provided oral testimony on the matter of the preliminary plat application
expressing concern about the subdivision design in relation to the open space and circulation
concerns of the alley or partial road on the southern edge of the property. The following
discussion is a brief synopsis of the Board’s discussion:
The Planning Board considered the general layout of the proposed subdivision and the
layout submitted as part of the original PUD in 2006. The physical access to open space
and parks was of particular concern to the Board. The proposed lot layout on the north
side of Boylan Road creates a physical and visual barrier to the Bridger Creek corridor.
The Board recommended Open Space No. 1 be realigned with the public road just to the
east between Lot 115 and 116. Please refer to the two images below showing historical
concepts of the Legends II Subdivision.
The Board discussed the design of the alley on the southern property line connecting
Northview Street and Creekwood Drive. The primary reasoning for the alley design
established in the previous approvals was to equally share the width of a future local road
dedication requirement between Legends II and future development of Mount Baldy and
Ed Vogel Subdivisions. The southern half can be provided at such time as the adjacent
owners wish to develop the northern portion of their land. The City Engineering
Department has reviewed and approved the alley design. The alley is 1,406.7 feet long.
In conclusion, the Planning Board moved and seconded a motion to recommend that the City
Commission approve the Legends II, Phase III subdivision. The Board amended the main
motion to request the subdivider move the location of Open Space No. 1 to the location
described above. The Amendment was unanimously approved (6:0). The Board voted (2:4) to
recommend the amended main motion. The motion failed.
The City Commission public hearing is scheduled for July 7, 2014 to consider the preliminary
plat.
SECTION 6 - ANALYSIS AND FINDINGS
The following 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. The analysis is a summary of the completed review.
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Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition #1, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code.
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 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.
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. Based on the recommendation of the DRC, RPAB, and other
applicable review agencies, as well as any public testimony received on the matter, the Planning
Board shall forward a recommendation in a report to the City Commission who will make the
final decision on the applicant’s request.
A preliminary plat application was submitted on April 7, 2014 and was deemed acceptable for
initial review on April 14, 2014. The preliminary plat was reviewed by the DRC on April 23, 30
and May 7, 2014. The DRC and Staff determined the submittal contained detailed, supporting
information that is sufficient to allow for the review of the proposed subdivision on April 30,
2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 4,
2014. The site was posted with a public notice on May 2, 2014. Public notice was sent to
physically 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 May 2, 2014. No comments have
been received as of the production date of this report.
On June 26, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission. The Planning Board held a public hearing to consider
and make recommendation to the City Commission on June 17, 2014 and the City Commission
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is scheduled to make a final decision at their July 7, 2014 public hearing. The final decision for
a Major Subdivision Preliminary Plat with 50 or more lots must be made within 60 80 working
days of the date it was deemed adequate; or in this case by August 22, 2014.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, 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.
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
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting minimum standards as shown on the preliminary plat. In addition, pursuant to
Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development and has remained fallow for
several years awaiting development. Therefore, this subdivision will not have adverse effects on
agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject
property is designated as a residential area according to the City of Bozeman Community Plan;
the area is zoned for residential development, and has begun to develop (previous phases).
Therefore, the proposed subdivision will have no impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer service will connect to City systems and be installed
in the adjacent street right-of-ways. Each lot will connect to the constructed water and sewer
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mains designed to the appropriate design standard and shall be located in the standard location as
approved by the Water/Sewer Superintendent.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. Following new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards with
curb, gutter, pavement, boulevard sidewalks and storm water facilities. In 2013, the City
Commission granted a variance to Section 38.24.060.B.4 (Level of Service) of the UDC as part
of the Phase 2 plat approval (File P13003) to allow the level of service at the intersection of
Story Mill Road and Bridger Road to operate below the minimum level of service allowed. That
variance approval continues to apply to this subdivision.
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 City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval.
Parklands – 1.53 acres of dedicated parkland or equivalent is required with this major
subdivision. This amount is calculated based on 51 single household lots at 0.03 acres per
dwelling of dedicated parkland. The applicant has proposed to utilize the available parkland
credits associated with the dedicated parkland granted with Phase 1 of this subdivision known as
the “5 acre park” north of Boylan Road to the immediate east of this property. The Recreation
and Parks Advisory Board Subdivision Review Committee reviewed the proposal on May 9,
2014 and have recommended it for approval. As included in the attached review memorandum,
the Committee indicated that they “endorse this proposal, we think the trail development as
shown will create an excellent amenity and the dedication requirements have been met to our
satisfaction”. Recommended conditions of approval have been included to address the final
parkland and open space dedication, labeling and maintenance provisions as part of the final plat
process.
The City Commission considered the developer’s request to utilize previously dedicated
parkland during the July 21 and August 11, 2014 public hearings to meet parkland dedication
requirements for this subdivision. In granting the concession of allowing land outside this
subdivision to meet minimum design standards of adopted plans and regulations the Commission
amended the subdivision approval motion (time stamp 2:05:30) to require the developer
improve the existing park by installing adequate restrooms in the dedicated parkland, the motion
was seconded (Condition 24). The Commission noted the Parkland is significant distance from
parts of the proposed subdivision. In addition, the Commission found providing public bathroom
facilities would further the parks plan and public health and safety. The distance from the park
to residences may create unhealthy situation where people utilize the woods or creek for basic
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human needs. Finally, the Commission noted bathrooms were considered during the original
development and is still a good idea today. The amendment passed (5:0).
A second amended was made to require two points of access to open space from Boylan Road
aligning with two unnamed roads between Lot 115 & 116 and the second 112 & 113, and
seconded (Condition 25). The Commission found that although there is substantial open space
the additional access furthers the goals and objectives of the PROST Plan and City policy to
provide access and visibility to public open space areas. The Applicant was supportive of
moving Open Space 1 after hearing from the Planning Board. Referencing 76-3-608, MCA,
Subdivision Review Criteria public health and safety and the environment, the Commission
found the additional design considerations were necessary to insure adequate access and to
further the goals and objectives of the PROST Plan and provide adequate access to the amenities
of the development. In addition, the access points provide a more natural flow and eliminate a
mid block crossing which in turn decrease the potential of vehicular/pedestrian conflict. The
amendment passed (5:0).
4) The effect on the Natural environment
This property is located in an area of the City which has been identified and developed for
residential uses at urban density and no changes are proposed that would impact the natural
environment. The proposed open space area north of Boylan Road will further protect the
riparian area along Bridger Creek.
5) The effect on Wildlife and wildlife habitat
The subject property is designated as a residential area according to the City of Bozeman
Community Plan and no known endangered species or critical game ranges have been identified
on the subject property. The area is zoned for residential development has been transitioning to
residential uses. The proposed open space area north of Boylan Road will further protect the
riparian area and associated wildlife habitat along Bridger Creek.
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, Mont Code Ann. and
as a result, the Department of Community Development 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 February 26, 2014.
With the pre-application plan review application, waivers were requested by the applicant from
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Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to original preliminary plat application in 2005. A
digital copy of the supplemental information and Environmental Assessment study provided in
2005 is included in the applicant’s preliminary plat application. The Community Development
Department offers the following summary comments on the supplemental information required
with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Bridger Creek borders the subdivision on the north side. This watercourse has associated
wetlands and floodplain and is proposed to remain in its natural state and be protected with an
open space designation as part of this plat and associated wetlands and floodplain setbacks. This
open space corridor contains existing trails that link the Legends Subdivision park area to the
west and the Creekwood Subdivision parks and open space areas to the east. Any activity within
the identified watercourse, wetlands area and/or floodplain areas will require applicable Section
310 and 404 permits and/or floodplain development permits.
38.41.060.A.2 Floodplains
The Federal Emergency Management Agency (FEMA) maps for this area were ground truthed
with the 2005 Legends at Bridger Creek II preliminary plat application to ensure that no
improvements for the project will be constructed in the 100-year flood hazard area. The project
engineer updated that information with this preliminary plat application in light of the new
FEMA maps adopted September 2, 2011. The engineer found that the ground truthed flood
hazard boundary established in 2005 generally agrees with the updated map. No work is
proposed within the 100 year flood plain. The 100 year flood plain boundary and flood
elevations must be depicted on the Final Plat.
38.41.060.A.3 Groundwater
Groundwater in the area of this preliminary plat application was discussed in the applicant’s
narrative and based on the information previously provided for the preliminary plat application
of Legends at Bridger Creek II Subdivision in 2005. In 2005, the static ground water levels were
monitored as being within 5 feet of ground surface. Groundwater depths in the area of Legends II
vary depending on proximity to Bridger Creek and the associated wetlands and floodplain. The
applicant’s supplemental information notes that data recorded (2004) from the 11 monitoring
wells shows the majority of the southern portion of the property to have ground water depths
below the level of the monitoring well, while the northern portion of the property would have a
minimum depth to groundwater of 1 to 10 feet from April to July. There is a note on the final
plat that there is the potential for seasonal high ground water tables within the area of the
subdivision and that due to high ground water conditions, that full or partial basements are not
recommended.
Installation of municipal water and sanitary sewer services will reduce any concerns regarding
the potential of groundwater degradation from private systems.
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38.41.060.A.4 Geology, Soils and Slopes
There are no known geologic hazards associated with this site, with exception to the Seismic
Zone 3 for earthquakes, which is common for the Bozeman area. No significant physical
features or topographical conditions have been identified, and no slopes in excess of fifteen
percent (15%) grade are evident. The principle soil types identified by the Department of Natural
Resources Conservation Service in the area of the subdivision proposed for development involve
two general soil types; Sudworth-Nesda Loams (407A) – which has flooding limitations, and
Bandy-Riverwash-Bonebasin Complex (606A) – which has flooding limitations and hydric
components.
38.41.060.A.5 Vegetation
No mature vegetation or critical vegetation species are found on the site the areas proposed for
development. There is mature vegetation located along Bridger Creek which is proposed to
remain in its natural state and will be protected by the designated open space. To control the
spread of noxious weeds a Memorandum of Understanding with the County Weed District will
be required to be submitted with the final plat. The applicant has submitted an updated weed
management plan for the site that was approved by the County Weed Board.
38.41.060.A.6 Wildlife
Due to the historical use of the property as agricultural lands, filing of the final plat for Legends
at Bridger Creek II, Phase 1 in 2007, and the construction of residential dwellings in proximity to
the site, no critical wildlife species have been identified in the immediate area. The 75-foot
watercourse setback along the existing Bridger Creek watercourse, wetlands and floodplain will
protect the riparian environment already established on the property. The Environmental
Assessment wildlife study in 2005 noted that the property in its present condition would only be
expected to be marginally used by wildlife.
38.41.060.A.7 Historical Features
The Environmental Assessment cultural resources study in 2005 noted that a field
reconnaissance and file search was completed by a cultural resources consultant and found that
no known cultural resources historical structures existed on the site.
38.41.060.A.8 Agriculture
Historically, the subject property had been used for agricultural purposes as part of a larger
farmstead until such time that the existing residential subdivisions to the east and west were
established. There have been no agricultural operations on the subject property for several years.
Installation of streets, infrastructure and utilities, construction of residential development
adjacent to the parcel and the limited size of the site eliminates the ability to consider it a viable
farming unit.
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38.41.060.A.9 Agricultural Water User Facilities
The applicant’s supplemental information provided with the 2005 Environment Assessment
provides information and evidence that the historic agricultural water user facility on the
property have been abandoned, and there are no parties with any easement rights associated with
this abandoned ditch.
38.41.060.A.10 Water and Sewer
Municipal sanitary sewer and water mains exist in the adjacent Boylan Road, Midfield Street,
and along the southern boundary of the plat (within the proposed alley as part of this plat).
Sewer and water mains are proposed to be extended from these existing right-of-ways/systems to
serve all lots. Adequate capacity exists to service the subdivision. 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 by the City Engineer’s Office,
Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
The stormwater management plan for Legends at Bridger Creek Subdivision II was approved
with the filing of the final plat for Phase 1 in September 2007 that included storm water runoff
from the development of this preliminary plat application and is accounted for in the
management plan. Stormwater runoff will be conveyed to a series of detention/retention ponds
located throughout the existing subdivision that will treat sediment and oils from the storm water
before discharging into the watercourses in the area or allowed to infiltrate in the ground.
38.41.060.A.12 Streets, Roads and Alleys
Access to the subdivision is provided by two existing streets, Boylan Road, on both the east and
west ends, Midfield Street along the east boundary and a 30 foot alley at both the east and west
ends of the plat. The proposed streets and alley provide a final connection of the streets and alley
between the Legends II Subdivision and the Creekwood Subdivision. In 2013, the City
Commission granted a variance to Section 38.24.060.B.4 (Level of Service) of the UDC as part
of the Phase 2 plat approval (File P13003) to allow the level of service at the intersection of
Story Mill Road and Bridger Road to operate below the minimum level of service allowed. That
variance approval continues to apply to this subdivision application.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide public utility easements as required by
Section 38.23.050, BMC.
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38.41.060.A.14 Educational Facilities
The applicant solicited comments from the Bozeman School District and received a letter dated
March 7, 2014 confirming that the school district has capacity to serve the subdivision. The
subdivision is in the Hawthorne Elementary School, Chief Joseph Middle School, and Bozeman
High School attendance areas. The letter indicated that the existing bus system can
accommodate the estimated number of additional students.
38.41.060.A.15 Land Use
This subdivision preliminary plat application proposes residential uses with 51 single-household
residential lots that range from 6,000 square feet to 12,544 square feet in size. Under the current
R-1 (Residential Single-Household Low Density District) zoning designation, the land use types
are listed as principal permitted uses in Chapter 38 of the Unified Development Code (UDC).
The proposed subdivision establishes a density of 5.2 dwellings per net acre.
38.41.060.A.16 Parks and Recreation Facilities
The parkland dedication requirements for this subdivision were satisfied with the public
parklands dedicated with the filing of the final plat for Phase 1 of the Legends at Bridger Creek
II Subdivision. At 0.03 acres of dedicated parkland per dwelling unit the calculated parkland
dedication with this preliminary plat application would be 1.53 acres. The Legends at Bridger
Creek II Subdivision Phase 1 was platted in 2007. The parkland dedicated with that phase was
5.304 acres. The required parkland dedication for Phase 1 was 1.41 acres (47 lots at .03
acres/lot) and the required parkland dedication for Phase 2 was .78 acres (26 lots at .03 acres/lot).
Therefore there was still a 3.11 acre parkland reserve for future phases. A master parks plan was
approved by the City Commission on January 16, 2007.
The Recreation and Parks Advisory Board Subdivision Review Committee reviewed this
proposal on May 9, 2014 and have recommended it for approval. As included in the attached
review memorandum, the Committee indicated that they “endorse this proposal, we think the
trail development as shown will create an excellent amenity and the dedication requirements
have been meet to our satisfaction”. Recommended conditions of approval have been included to
address the final parkland and open space dedication, labeling and maintenance provisions as
part of the final plat process.
To provide context for the relationship between the private property on the north side of Boylan
Road and the open space adjacent Bridger Creek staff captured the image below from the
approval park plan.
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Figure 2: Legends II, Phase III Park Plan - partial view.
38.41.060.A.17 Neighborhood Center Plan
The 5.304-acre dedicated parkland situated at the northwest corner of the intersection of Boylan
Road and Northview Street is identified as satisfying the requirements of a neighborhood center
for the Legends at Bridger Creek II Subdivision. The dedicated park is of a size and layout that
allows for both passive and active recreation, and includes a trail along the Bridger Creek
watercourse. The platted location of the park does not meet the following criteria detailed in
Section 38.23.020.A.1 or 38.23.020.A.3: the geographic center point of the neighborhood center
shall be no further than 600 feet from the geographic center of the development and the
neighborhood center shall have frontage along 100% of its perimeter. Staff recommends and
finds that these requirements be waived due to the site constraints and the presence of critical
lands. The Bridger Creek watercourse corridor is a critical habitat and constrains the site. A
public trail is provided in the watercourse corridor parallel to Bridger Creek. Staff has
recommended conditions to clarify ownership and maintenance of open space areas and public
right-of-way landscape improvements.
38.41.060.A.18 Lighting Plan
A Special Improvement Lighting District was created in August of 2008 that included the
property proposed for subdivision. This subdivision phase is within the existing district and the
proposed streetlights at the intersections and midblock crossing on Boylan Road will be installed
and added to the lighting district as minor modifications to the lighting district. The final
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lighting plan will need to be submitted for review and approval prior to the installation of lights.
The plan shall include a pole light detail with spacing based on high pedestrian conflict, a local
street pole light at one per local street intersection, and a bollard light detail for placement at
pathway/street intersections. All street lights installed shall use LED light heads lights, including
bollard light, and shall conform to the City’s requirement for cut-off shields.
38.41.060.A.19 Miscellaneous
There are no public lands, other than parkland, adjacent or within 200 feet of the proposed
development. No health or safety hazards on or near the subdivision (i.e., mining activities or
potential subsidence, high pressure gas lines, dilapidated structures or high voltage power lines)
have been identified with this preliminary plat application.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing Ordinance (Ordinance
1710) had been suspended by the City Commission until December 2015.
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 with
51 lots on 24.69 acres and associated open spaces, and streets. 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 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
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to ensure that the final plat and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC. The Commission voted 4:1 to
approve the amended motion to approve subdivision subject to conditions and corrections.
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:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1 (Residential Single-Household Low Density District). The
intent of the R-1 District is to provide for primarily single-household residential development
and related uses within the city at urban densities, and to provide for such community facilities
and services as will serve the area's residents while respecting the residential character and
quality of the area.
Pursuant to Section 38.08.080, BMC, minimum net density in the R-1 District is five dwellings
per net acre. A minimum is 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 proposed subdivision will create 51 residential single-household lots for a density
of 5.2 dwellings per net acre.
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 6 and 32 dwellings per
net acre. A higher density may be considered in some locations and circumstances. A variety of
housing types can be blended to achieve the desired density. Large areas of single type housing
are discouraged. In limited instances the strong presence of constraints and natural features such
as floodplains may cause an area to be designated for development at a lower density than
normally expected within this category. All residential housing should be arranged with
consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
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APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner and applicant Guiness Partners, Inc., 430 N. Ryman 2nd floor, Missoula, MT
59802, represented by Morrison Maierle, Inc., P.O. Box 1113, Bozeman, MT 59771 submitted
an application to complete the final phase of the Legends at Bridger Creek II Subdivision. This
application will subdivide the remaining 24.69 acres into 51 single-household lots and related
streets and open space. This phase will complete the connection of Boylan Road with Phase 2 to
the west and the Creekwood Subdivision to the east. This project will also designate the
remaining open space and trail areas south of Bridger Creek as publicly available open space and
will be maintained by the Legends at Bridger Creek II Homeowners Association. Parkland
requirements for this project were previously met with a parkland dedication in Phase 1.
Project Background
The subject property is part of the larger Legends at Bridger Creek property/project that was
annexed into the City and zoned R-1 in 2007. A previous Planned Unit Development (PUD) and
Preliminary Plat was approved for the entire property in 2007. Only phase 1 was completed
under that approval in 2007/2008. The previous PUD and Preliminary Plat entitlement expired in
2012.
Phase 2 of this subdivision was approved by the City Commission in 2013 and has recently been
constructed and finalized. Both Phase 2 and this proposed phase did not rely upon or need the
relaxations granted by the original 2007 PUD and have been designed to comply with all current
code requirements.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on January 22, 2014. The pre-application was
reviewed by the DRC on February 12, 19 and 26, 2014 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application and granted
supplemental information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on April 7, 2014 and deemed acceptable
for initial review April 14, 2014. The preliminary plat was reviewed by the DRC on April 23, 30
and May 7, 2014. On April 30, 2014 the DRC and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision. On May 9, 2014 the Recreation and Parks Advisory Board met and considered the
proposed subdivision. Both the RPAB and the DRC provided favorable recommendations for
consideration by the City Commission.
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Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May 4,
2014. The site was posted with a public notice on May 2, 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 May 2, 2014. No comment on the application
has been received as of the date of this report.
On June 12, 2014 this subdivision staff report was drafted and forwarded with a recommendation
of conditional approval by the Planning Director for consideration by the Bozeman Planning
Board and City Commission. The Planning Board is scheduled to consider the application on
June 17, 2014. The City Commission is scheduled to make a final decision at their July 7, 2014
public hearing.
The final decision for a Major Subdivision Preliminary Plat with 50 or more lots must be made
within 80 working days of the date it was deemed complete or in this case by August 22, 2014.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Guinness Partners, Inc., 430 N. Ryman 2nd Floor, Missoula, MT 59802
Representative: Morrison Maierle, Inc., P.O. Box 113, Bozeman, MT 59771
Report By: Tom Rogers, Associate Planner
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