HomeMy WebLinkAbout17. C15 FOF 4 Points
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager Wendy Thomas, Director of Community Development
SUBJECT: Four Points Minor Subdivision Preliminary Plat Application
P14041 Findings of Fact and Order MEETING DATE: December 15, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Findings of Fact and Order for the Four Points Minor
Subdivision Preliminary Plat Application. BACKGROUND: On October 13, 2014, the City Commission held a public meeting for an
application for preliminary plat approval of the Four Points Minor Subdivision. The
Commission unanimously (5:0) approved the proposed subdivision application 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. The
Findings of Fact and Order can be found in Section 7 of the attachment.
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: December 1, 2014
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Page 1 of 34
Bozeman City Commission Findings of Fact and Order Four Points Minor
Subdivision Preliminary Plat, P14041
Public Meeting Date: City Commission public meeting is October 13, 2014.
Item: Four Points Minor Subdivision Preliminary Plat application to allow the subdivision
of 54.28 acres into one public park, 2 lots for multi-household development, and 2
lots with restricted development subject to further subdivision review.
Project Location: The subject property is generally located between Davis Lane and Ferguson Avenue, south of the existing Cattail Street right-of-way, and north of
Kimberwicke Street. The parcel is legally described as Lot 2A1 of Certificate of
Survey No. 2202C, a tract of land being remainders of Tract 2A of COS No. 2202A,
and Tract 4A1 of COS No. 2202B, located in the SE ¼ of Section 34, Township 1
South, Range 55 East, PMM, City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: Having reviewed and considered the application materials, public
comment, and all information presented, I hereby adopt the findings presented in the
staff report for application P14041 and move to approve the preliminary plat with
conditions and subject to all applicable code provisions.
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action-Quasi Judicial
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EXECUTIVE SUMMARY
Project Summary
The property owner, Michael Tracy, and applicant, Four Points, MT LLC, both at 31922
Paseo Monte Vis, San Juan Capo, CA 92675-3415, and represented by Madison
Engineering, have submitted an application to subdivide a 54.28-acre parcel into 5 lots: one
public park, 2 lots for multi-household development, and 2 lots with restricted development
subject to further subdivision review.
The majority of the site (51.94 acres) is zoned R-4 (Residential High Density), with the
remaining 2.64 acres along the western side of the site, across from the Chief Joseph Middle
School, zoned R-3 (Residential Medium Density). The project is proposed to be developed in
phases: Phase I consists of dedication of a 5.36-acre public park (Lot 1) along Ferguson Avenue,
and development of multi-household housing on 2.64 acres of the area zoned R-3 (Lot2); Phase II includes development of 2.83 acres of the area zoned R-4 with multi-household housing;
Future Phases include Lots 4 and 5, zoned R-4, that are constrained by roughly 21 acres of
wetlands and stream corridors. These are restricted lots that will be subject to additional
subdivision review prior to development authorization. Off-site wetland mitigation has been
provided for approximately two acres of wetlands impacted by road construction for Cattail Street and Kimberwicke Street. The applicant has received infrastructure approval from the
Engineering Division to construct Cattail Street and Ferguson Avenue and the construction of
those streets is ongoing and is anticipated to be completed this fall. The rights-of-way for Cattail
Street and Ferguson Avenue, both collector roadways, were granted with the annexation of the
property.
Figure 1: Four Points Minor Subdivision Preliminary Plat
This subdivision is a first minor subdivision from a tract of record; and therefore, does not
require Planning Board review or a public hearing. The final decision for a First Minor
Subdivision from a Tract of Record Preliminary Plat must be made within 35 working days of the date it was deemed adequate for review, or in this case by November 4, 2014
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Unresolved Issues
No unresolved issues have been identified at this time.
Advisory Board Recommendations
The Development Review Committee (DRC), Wetlands Review Board (WRB) and Recreation &
Parks Advisory Board (RPAB) have all reviewed the project and made affirmative
recommendations to the City Commission.
Public Comment
Sandie Hammer submitted comments regarding traffic congestion and the inadequacy of the
transportation system to meet the demands of development in the northwest part of the city. She
specifically calls out the need for a signal at Baxter Lane and Davis Lane, and the need to extend
Ferguson Avenue form Baxter Lane to Oak Street. A letter was also received from Christine L.
Koch expressing concerns about weeds, lack of property maintenance, crowding in nearby schools, noise pollution, garbage and traffic congestion. A staff response to public comments is
provided in Appendix E.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable subdivision criteria contained within the staff report; or
4. Continue review on the application, with specific direction to staff or the applicant to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
SECTION 1 –MAP SERIES ........................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ............................................................................... 10
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4- CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ...................... 13
SECTION 5- RECOMMENDATIONS AND FUTURE ACTIONS ........................................... 14
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SECTION 6 - STAFF ANALYSIS............................................................................................... 15
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 15
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 18
Preliminary Plat Supplements ........................................................................................... 18
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 26
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 28
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 29
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 30
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 30
APPENDIX E – PUBLIC COMMENT AND ADDITIONAL INFORMATION ...................... 31
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SECTION 1 –MAP SERIES
Map 1: Surrounding Zoning and Land Use
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VicinityV
I
Map 2: Vicinity Map
Map 2: Vicinity Map
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Map 3: Preliminary Plat, above – Map 4: Phasing Plan, below
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Map 5: Park Master Plan Concept
SECTION 2 – REQUESTED VARIANCES
No variances have been requested in conjunction with this preliminary plat application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. Mandatory compliance with the explicit terms of Chapter 38, Bozeman Municipal Code
(BMC) does not constitute conditions of approval. The conditions of approval may require
compliance with more than the minimum standards in order to conform to the physical and
economic development of the City, and to the safety and general welfare of the future lot owners
and of the community at large. The applicant must comply with all provisions of the Bozeman
Municipal Code which are applicable to this project.
Recommended Conditions of Approval:
Planning
1. The 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 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 subdivider shall provide a covenant on the property consistent with the language of
Section 85-7-2212 Montana Code Annotated in regards to the agricultural water user facility.
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5. The subdivider shall provide the appropriate easements for the agricultural water user
facilities in compliance with Section 76-3-504(1)(k) Montana Code Annotated that are in
locations of appropriate topographic characteristics and sufficient width to allow the
physical placement and unobstructed maintenance of open ditches or belowground
pipelines for the delivery of water for irrigation to persons and lands legally entitled to the water under an appropriated water right or permit of an irrigation district or other
private or public entity formed to provide for the use of the water right on the subdivision
lots.
6. Lots 4 and 5 shall be platted as undevelopable lots in accordance with Section
38.39.080.B.6 BMC, with the following language placed on each undevelopable lot of the final plat “Lot development subject to further subdivision review.” No public
improvements shall be required for the undevelopable lot until it is subdivided as a lot
which is not subject to this restriction. This language shall be placed on the conditions of
approval sheet of the plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of
Lot X, of the Four Points Minor Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City
Commission without completion of on and off site improvements required under the
Bozeman Municipal Code, as is allowed in Chapter 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, 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 X,
of the Four Points Minor Subdivision, 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 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.”
7. Prior to final plat approval, in conjunction with required or offered dedications, the
subdivider (or owner of the property being subdivided if the owner is not the subdivider)
shall transfer ownership to the City of all dedicated parkland and any open space proposed to be conveyed to the City and all its right, title, and interest in any
improvements made to such parkland or open space. For the transfer of real property, the
subdivider or owner of the property shall submit with the application for final plat a
warranty deed or other instrument acceptable to the City Attorney transferring fee simple
ownership to the City. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed
returned to the City. For personal property installed upon dedicated parkland or City
owned open space, the subdivider shall provide the City an instrument acceptable to the
City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 8. All references on the final plat or in property owners’ association documents to multi-
family shall be replaced with multi-household.
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9. All references on the final plat or in property owners’ association to a homeowners’
association shall be replaced with property owners’ association.
10. All references on the final plat or in property owners’ association documents to the Four
Points Major Subdivision shall be replaced with the Four Points Minor Subdivision.
11. Note number 4 shall be removed from sheet 3 of 3 of the final plat and replaced with the applicable easements required by Section 38.23.060.BMC to be shown directly on the
survey.
12. Note number 7 shall be removed from sheet 3 of 3 of the final plat and be replaced with a
30 foot wide trail corridor in the proposed trail alignment.
13. The note “existing ditch to be piped” on Lot 4 shall be removed from the exhibit on sheet 3 of 3 of the final plat until further subdivision review of Lot 4.
14. Note number 11 on sheet 3 of 3 of the preliminary plat shall be removed from the final
plat.
15. Note number 9 on sheet 3 of 3 of the final plat shall not include “and/or future park
Maintenance District.” 16. On sheet 3 of 3 of the final plat all references and lines related to building setbacks shall
be removed.
17. Pursuant to BMC Section 38.23.100, note number 10 on sheet 3 of 3 of the final plat shall
be revised to read “Areas designated as WETLANDS on Lot 3 are subject to a 50-foot
setback”, and 50-foot wetland setbacks depicted on Lots 4 and 5 shall be removed. 18. The proposed sidewalk bisecting the Public Park (Lot 1) shall be shown on the final plat
and constructed in a slight meandering configuration per recommendation of the
Recreation & Parks Advisory Board.
19. Building permits shall not be issued on Lot 2 or Lot 3 until the road improvements on the
Cattail Street extension from Davis Lane to Ferguson Avenue, and on Ferguson Avenue from the Cattail Street extension southward to Kimberwicke Street have been completed
and accepted by the City Engineer.
20. The final plan shall contain the following language in a plat note to be placed on the
conditions of approval sheet, placing future landowners on notice of the presence of high
groundwater in the area of the subdivision: “Due to the potential of high groundwater tables in areas of the subdivision, it is not recommended that residential dwellings or
commercial structures with crawlspaces, 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”.
Engineering
21. 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 Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
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c. Signalization of the intersection of Baxter Lane and Davis Lane.
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.
22. All streets contained within the subdivision shall be within dedicated public right-of-way
and built to city standards.
23. Secondary accesses will be required with each individual phase of this development as
the project proceeds from one phase to the next. 24. Future phases of development may be required to provide additional traffic analysis at
their time of application.
25. No direct access from individual lots to Cattail Street or Davis Lane will be approved.
26. Any proposed public street lighting shall be LED.
27. The necessary right of way shall be dedicated with the final plat for the following streets: a. Ferguson Avenue (collector street) – 90 feet.
b. Cattail Street (collector street) – 90 feet.
c. Davis Lane (minor arterial street) – 100 feet.
d. Kimberwicke Street (non-standard street) – 90 feet.
f. Street A (local street) – 60 feet. g. Street B (local street) – 60 feet.
28. Street names ‘Street A’ and ‘Street B’ shall be named before final plat. Street names
must be approved by the City Engineer and Gallatin County road office prior to final plat
approval.
SECTION 4- CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
1. Section 38.23.060.B.BMC requires Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic lines. The developer shall provide private utility easements necessary to extend private utilities to
the development, and to provide for the construction and maintenance of private utilities
within the development.
1. General.
a. Building setbacks shall be coordinated with all provided utility easements. If a utility
easement will be greater than the building setback required by this chapter, a note to that
effect shall be placed on the final plat and/or final site plan as appropriate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road department
having jurisdiction.
c. If placed in a city right-of-way, easements shall be in a location required by and agreed
upon in writing by all of the appropriate utility companies and the review authority.
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2. Easement size.
a. Front yard utility easements. Front yard utility easements shall be ten feet wide, and
shall always be provided unless written confirmation is submitted to the planning
department from all utility companies providing service indicating that front yard
easements are not needed.
b. Rear yard utility easements. The provision of rear yard utility easements is not
mandatory unless they are required by any or all of the utility companies to adequately
serve the development. If provided, rear yard utility easements on each lot shall be six
feet wide if adjacent to a public alley and ten feet if not adjacent to a public alley.
c. Side yard utility easements. The provision of side yard utility easements is not
mandatory unless they are required by any or all of the utility companies to adequately
serve the development. If provided, the width of the side yard utility easement shall be
determined on a case-by-case basis based on the needs of the utility companies.
2. Section 38.23.060.D requires Easements for agricultural water user facilities.
1. Except as noted in subsection D.2 of this section, the developer shall establish appropriate
irrigation facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width to allow the
physical placement and unobstructed maintenance of active open ditches or below ground
pipelines. The easement shall facilitate the delivery of water for irrigation to persons and
lands legally entitled to the water under an appropriated water right or permit of an irrigation
district or other private or public entity formed to provide for the use of the water right;
(1) The easements shall ensure the conveyance of irrigation water through the land to be
developed to lands adjacent to or beyond the development's boundaries in quantities and in a
manner that are consistent with historic and legal rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation canals and
ditches.
b. Are a sufficient distance from the centerline of the irrigation facility to allow for
construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass within
the irrigation facility easement without the written permission of the facility owner
SECTION 5- RECOMMENDATIONS AND FUTURE ACTIONS
Development Review Committee
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The Development Review Committee (DRC) reviewed the preliminary plat application on
September 3, 10 and 17, 2014 and found that the application, with conditions, is in general
compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the
Unified Development Code. The DRC recommends conditional approval of the preliminary plat
application.
Wetlands Review Board
The Wetlands Review Board (WRB) reviewed the preliminary plat application on September 17,
2014 and voted unanimously to recommend approval of the proposed off-site compensatory
mitigation of 1.95 acres of wetland impacted by road construction at a 1:1 ratio as permitted by
the US Army Corps of Engineers. The WRB also concurred that is appropriate to remove the 50-foot wetland setback shown on sheet 3 of 3 of the preliminary plat on Lots 4 and 5, as
development will be restricted until further subdivision review, at which time the WRB will
review the wetland setbacks proposed for those lots.
Recreation & Parks Advisory Board
The Recreation and Parks Advisory Board (RPAB) reviewed the preliminary plat application on September 18, 2014 and commented that the current plan is basically unchanged from the
proposal the Board reviewed in April 2014. The Board also recommends that the sidewalk
bisecting the park, as the safe route to school takes precedence over having a larger uninterrupted
play space. A slight meander in this sidewalk would be preferable. Condition 18 addresses this
recommendation.
City Commission
The City Commission is scheduled to consider the application at their October 13, 2014 meeting.
Subsequent subdivisions of the subject property are subject to the provisions of BMC Section
38.03.010.
SECTION 6 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other pertinent information
available during the review period. Collectively this information is the record of the review. The analysis is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
The site is not within an overlay district and does not have any applicable special use review
criteria unique to the project. The proposed subdivision meets minimum design standards for
subdivision lots and access pursuant to Section 38.23.030, BMC.
Code provisions requiring plan corrections are listed under Section 4. The applicant must
comply with all provisions of the Bozeman Municipal Code, which are applicable to this project,
prior to receiving final plan approval. The applicant is advised that unmet code provisions, or
code provisions that are not specifically listed as conditions of approval, do not, in any way,
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create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or
State law.
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,
the 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
1. Pursuant to Section 38.03.040.A.5 (f), BMC conditional approval of the preliminary plat shall be in force for not more than one calendar year. Prior to that expiration date, the applicant may submit a letter of request for the extension of the period to the Director of
Community Development for consideration. The City may at the written request of the
applicant, extend its approval for a mutually agreed upon time. More than one extension
may be requested for a particular subdivision. Each request shall be considered on its individual merits as provided for in Section 38.03.040.A.5 (g), BMC.
2. Pursuant to Section 38.03.060.A.1, BMC the applicant shall submit with the application for
final plat review and approval, a written narrative stating how each of the conditions of
preliminary plat approval has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc.) where this information can be found.
3. Pursuant to 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.
4. The final covenants, conditions, restrictions and easements shall be submitted with the final
plat application for review and approval by the Planning Department and shall contain, but
not be limited to, the provisions required in Section 38.38.020, BMC.
5. Pursuant to Section 38.39.010., if it is the developer’s intent to file the final plat prior to installation, certification, and acceptance of all required improvements by the City of
Bozeman, an Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all improvements in accordance with the Preliminary Plat
submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
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3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
A subdivision pre-application was submitted on March 26, 2014. The pre-application was
reviewed by the Development Review Committee (DRC) on April 9, 16 and 23, 2014 and
summary review comments were forwarded to the applicant in preparation of the preliminary
plat application.
A preliminary plat application was submitted on July 23, 2014 and was deemed unacceptable for
initial review on August 1, 2014. Revised application materials were submitted on August 20,
2014 and deemed acceptable for initial review. The preliminary plat was reviewed by the DRC
on September 3, 10 and 17, 2014. On September 17, 2014, the DRC determined that the
application and additional supporting materials submitted were adequate for continued review,
and further recommended approval with conditions and code provisions to be forwarded to the
City Commission for consideration.
Public notice was sent to property owners of record within 200 feet of the subject property via
first class mail, on September 11, 2014. Notice was also posted on the site September 12, 2014.
On October 2, 2014 this minor subdivision staff report with a recommendation of conditional
approval was forwarded to the City Commission, which is scheduled to make a final decision on
the application at their October 13, 2014 public meeting. The final decision for a First Minor
Subdivision from a Tract of Record Preliminary Plat must be made within 35 working days of
the date it was deemed adequate for review, or in this case by November 4, 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. 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 2) 3. 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.
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
As shown on the preliminary plat, proposed Lots 1 through 3 have legal and physical access
exceeding minimum requirements in Section 38.24.090 (2) as follows: Lot 1, a Public Park, has
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access along frontages on Ferguson Avenue, Kimberwicke Street, and Milkhouse Avenue. Lot 2
has frontage along Kimberwicke Street, Milkhouse Avenue, and Street ‘A’; and Lot 3 has
frontage on Street ‘A’ and Kimberwicke Street. Lot 4 and Lot 5, both restricted lots, are subject
to further subdivision review. Condition 25 recommends that no direct access from individual
lots to Cattail Street or Davis Lane be approved
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
Primary subdivision review criteria are not applicable to first minors from a tract of record, and
therefore, are not included in this report.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the Development Review
Committee on April 23, 2014. The following summary comments address the supplemental
information required under Article 38.41, BMC.
38.41.060.A.1 Surface Water
Surface waters on the property include wetlands, spring ditches and various other waters of the
United States (WUS) as described in the Waters of the US Delineation Report prepared by
Vaughn Environmental Services, dated November 20, 2013. The report identified thirteen
wetlands within the project area. Two of the wetlands are classified as isolated, non-
jurisdictional wetlands based on lack of connection to a water of the US. The remaining 17.04
acres of wetlands are classified as jurisdictional. In sum, WUS cover approximately 27 percent
of the proposed subdivision site.
The Spring Ditch is a perennial stream flowing from south to north through the west half of the
project site. The wetland fringe adjacent to the stream channel is approximately 2-3 feet wide
with one-foot high banks. Trees and shrubs planted in 2005 as part of the mitigation required for
the Baxter Meadows Subdivision are still developing. The stormwater ditch to the east of the
Spring Ditch has a straight channel and is densely vegetated with cattails. Water in this ditch
ponds at the downstream manhole intake prior to its discharge into Spring Ditch.
A recent evaluation of current conditions by Vaughn Environmental found a lack of available
and suitable land for wetland and stream restoration or creation within the project boundaries.
The total proposed impacts to WUS are 1.95 acres which would be impacted by the construction
of Cattail Street, Kimberwicke Street, and Street A. Due to lack of on-site mitigation
opportunities, the applicant has elected to provide off-site mitigation at a 1:1 ratio to compensate
for the 1.95 acres to be impacted by road construction. The US Army Corps of Engineers
(USACE) has approved purchase of mitigation back credits in the Upper Missouri Mitigation
Bank, located near Twin Bridges, MT in Madison County. The subdivision site is located within
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the same watershed. The WRB reviewed the proposal and recommended approval of the
provision of off-site mitigation.
38.41.060.A.2 Floodplains
The proposed subdivision site is not located within the regulated floodplain. The property is
designated in an area having no special flood hazards, and is not within the 100-year floodplain
on FEMA Map Panel No. 0804D.
38.41.060.A.3 Groundwater
Monitoring of groundwater conditions was performed across the site using 15 monitoring wells.
Monitoring between February 15th and June 24th, 2014 revealed that the majority of the site is
impacted by seasonal high groundwater within six feet of the ground surface. The average depth
to groundwater across the entire site throughout the monitoring period was 4.46 feet. The
shallowest depths to groundwater were observed in the central-western and southeastern portions
of the property, with average depths of less than three feet.
Due to high ground water conditions across the site, the construction of roads, utilities and
foundations will likely require temporary dewatering, to be determined at time of year
construction begins. Restrictions on crawl space depths or requirement of slab-on-grade
foundations in certain areas of the project may also be required. Condition 20 requires a plat
note placing future landowners on notice of potential high groundwater tables and the need to
consult with a professional engineer prior to designing or building any structures. Subdivision
covenants will include a section on minimum finished floor elevations (above street grades) to
fully inform buyers of high groundwater conditions. In addition, Note #1 on the preliminary plat
advises of high groundwater conditions, and states that the finish floor of all residential
structures shall not be less than two feet above the established elevation from the top of the curb
of the adjoining street.
Installation of municipal water and sanitary sewer services will reduce any concerns regarding
the potential of groundwater degradation from private on-site sanitation disposal systems.
38.41.060.A.4 Geology, Soils and Slopes
An Abbreviated Geotechnical Report prepared by Allied Engineering identified several
geotechnical issues related to the site’s subsurface conditions that have the potential to increase
costs of site and building development. The issues identified include: 1) high groundwater; 2)
deep gravels; and 3) very moist to wet soils. To address these issues, specific recommendations
are provided in the report related to building crawl space depth limitations, designing road beds
well above the existing ground, underground utility installation, road design, and building
foundations.
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38.41.060.A.5 Vegetation
The site has over 17 acres of diverse wetland and waterways vegetated with grasses, sedges,
rushes, willows and a variety of wetland species. The balance of the property is comprised of
grassland area heavily infested with noxious weeds (largely thistle). Noxious weeds shall be
controlled as directed by the approved Gallatin County Weed Control District Management Plan
dated July 9, 2014 that was submitted with the application.
Approximately 15 acres of the 17 acres of wetlands delineated on the property in 2013 will be
preserved. A 50-foot wetland setback is recommended by to be shown on the final plat along the
wetlands on Lot 3. Condition 17 addresses this recommended setback. The setback for wetlands
and streams in future phases of the project will be determined through additional subdivision
review required prior to authorizing development on Lots 4 and 5.
To protect vegetation and critical areas from construction impacts, construction will be
completed mid-summer following peak surface water flows and Best Management Practices
(BMPs) will be employed between the edges of rights-of-way for road construction, and any
wetlands, streams or spring ditches.
38.41.060.A.6 Wildlife
The Montana Department of Fish, Wildlife & Parks (FWP) reviewed the subdivision proposal
and commented that although the project is located near existing development, there may be
deer, foxes, raptors, pheasants and other birds present. The agency’s primary concern is related
to impacts on fish and potential harm to local waterways. FWP recommends avoiding any road
or infrastructure construction activity near surface waters, or disturbance of riparian or wetland
vegetation, and situations that might deliver pollutants to surface waters. Drainage control is
also recommended to avoid increasing sediment or other contaminants that might be carried into
local waterways.
38.41.060.A.7 Historical Features
According to a Phase I Cultural Resource Evaluation of the proposed subdivision site performed
by Anthro Research, Inc., two cultural resource sites are (were) located in the project area: 1) the
Spring irrigation ditch system, and 2) the NPRR Low Line. These two historic sites may be
significant relative to National Register Criteria A, namely “associated with events that have
made a significant contribution to the broad patterns of our history” (irrigation and agricultural
development and early transportation systems). However, field reconnaissance evaluations
conducted July 16, 2014 indicated that subsequent surface, land modifications during the past
100+ years have resulted in land of “sufficient integrity to convey the significance”. Because it
was determined that no adverse impacts would result to a cultural resource, project approval was
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recommended. However, if cultural resources are discovered during site preparation and
construction, they should be evaluated in terms of National Register significance.
38.41.060.A.8 Agriculture
There are no existing or proposed agricultural uses on this property, nor is it part of a viable farm
unit. The site was not used for agricultural production during the regular last season. The
property adjacent to the subdivision site on the north contains agricultural farm land, is used for
grazing cattle, and is fenced along its south boundary. The fence is not on the proposed
subdivision property, and will continue to be maintained by the landowner. A covenant for the
subdivision will require pets to be on a leash at all times when off the owner’s property. In
additions, all pets must be restrained and controlled when near ponds, creeks, in open space, in
parks or on a trail system.
38.41.060.A.9 Agricultural Water User Facilities
There are no existing or proposed agricultural water user facilities on the property. The Waters
of the US Delineation Report submitted with the application identifies the location, extent, and
characteristics of the jurisdictional WUS located within the site. Supplemental information
submitted by the applicant includes a correction to this report, noting that the USGS map
included in the report shows the Spring Ditch diverging from Farmer’s Canal. However, more
recent mapping and a field investigation show that Spring Ditch arises from a culvert north of
Oak Street and southeast of the Regional Park, and that it appears to be fed by historic drain tiles
located on the property south of where the channel starts. The source of the Section Line Ditch
is also the Farmer’s Canal around two miles south of the project site. Although Farmer’s Canal
is an agricultural water source, the water on site will not be used for agricultural purposes, nor
will the subdivision result in any impact to agricultural water user facilities.
A Farmer’s Canal Board member submitted a letter dated August 18, 2014 stating that the
proposed impacts to the Section Line Ditch and the Spring Ditch are acceptable if construction is
started in the fall, with a request for notification prior to starting construction. Prior to
conducting any construction during spring or summer, the Farmer’s Canal Board requests
notification regarding potential impacts to downstream agricultural water users, particularly the
effects of dewatering on sub-irrigation. The Farmer’s Canal Board expects the subdivision
association to ensure that ditches running through the subdivision stay clean and free of debris.
Code Requirement 2 under Section 4 of this staff report requires a correction for final plat
approval that addresses BMC Section 38.23.060.D regarding easements for agricultural water
facilities.
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38.41.060.A.10 Water and Sewer
New water and sanitary sewer infrastructure will be installed on site to serve future development.
The new infrastructure will require connection to City-owned water and wastewater facilities
installed as part of the Baxter Meadows Subdivision. There are existing water and sewer mains
in Ferguson Avenue, Cattail Street, Kimberwicke Street, as well as running north-south through
the site. An existing sanitary sewer lift station is located just south of the proposed Cattail Street
extension in the northwest corner of Lot 5 as shown on the preliminary plat. The water and
sewer facilities for Baxter Meadows Subdivision were designed to accommodate development
on the subject property; therefore, adequate capacity has been built in to the existing system for
this project. The City Engineering and Water and Sewer Divisions have reviewed the plans and
find there is adequate capacity to serve the subdivision. Final approval of the water distribution
system and sewage collection/disposal system will be obtained through normal approval
procedures of infrastructure and final plat review by the City Engineering Division,
Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
A preliminary stormwater management plan was provided in the application. The system is
designed to remove solids, silt, oils, grease and other pollutant from the runoff from the private
and public streets and all lots. The lots will remain under one owner and the stormwater
detention facilities will be located within easements. Storm water from Phase 1 streets and Lot 1
development will be collected in curbs and gutters and transported in storm sewers to a detention
basin located in the northeast corner of the public park as shown in a revised drawing submitted
after project review by DRC and RPAB. This stormwater facility location was determined
through coordination with the City Engineering Division during street improvements
infrastructure review and permitting for the extension of Ferguson Avenue and Cattail Street.
Outlet structures control the release rate from the detention basins to preconstruction runoff rates.
38.41.060.A.12 Streets, Roads and Alleys
Cattail Street: The proposed subdivision requires the extension of Cattail Street approximately
2,670 feet west of Davis Lane to Ferguson Avenue, centered along the northern property
boundary of the site and within a 90-foot wide easement. Currently, a gravel roadway exists
where Cattail Street is to be extended. Upon full construction, the Cattail Street extension will
have a pavement width of 48 feet; however, the developer is only building approximately two-
thirds of the southern portion of the street. The northern third of the street will be built when
development occurs on the adjacent land to the north. The street section for Cattail Street
from south to north includes: a 6' sidewalk, a 14' boulevard (5’ boulevard along wetlands), 24'
pavement section centerline (10.5' drive lane, 5' bike lane, 8' parking lane to face of 6” curb),
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and an 11' pavement section from centerline to the northern edge of pavement. Impacted
wetlands will be mitigated off-site as discussed above in the staff report.
Kimberwicke Street: A portion of Kimberwicke Street along the south-eastern part of the
subdivision site will be extended in a future phase approximately 743 feet east to connect with
Davis Lane. The street section for this extension will provide continuity with the existing
design along the southern boundary of the site. It will have a 35-foot pavement width
(including 6” curbs),6.5-foot wide boulevards and 5-foot wide sidewalks along the north side
of the street. The Kimberwicke extension will impact approximately 4,500 square feet of
wetland #1, which will be mitigated for off-site as discussed above in the staff report.
Ferguson Avenue: Ferguson Avenue will be improved from Kimberwicke Street approximately
883 feet north to the Cattail Street Extension. Currently, this portion of the roadway is asphalt
millings. Upon full construction, Ferguson Ave will have a pavement width of 48 feet within a
90-foot wide easement; however, the developer is only building approximately two-thirds of
the eastern portion of the street. The western third along the Chief Joseph Middle School
frontage will be built in the future. The street section for Ferguson Avenue includes: a 6'
sidewalk, a 14' boulevard, 24 feet of pavement (including a 6” curb) to the centerline (10.5'
drive lane, 5' bike lane, 8' parking lane to face of curb), and 11' of roadway from centerline to
the western edge of pavement.
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Local Streets: Three local streets will be constructed within the subdivision to provide resident
access to Kimberwicke and Cattail Streets. There will be no direct local street access to Davis
Lane from the subdivision. The three local streets will all be 35 feet wide within a 60' right-of-
way and will total approximately 2885 linear feet of new roadway. A roundabout is proposed
at the intersection of two of the local streets to aid in traffic flow and control. All local streets
will have 6.5-foot wide boulevards and 5-foot wide sidewalks on both sides of the street. All
roads are designed per Montana Public Works Standard Specification with the City of
Bozeman Modifications as well as the Montana Department of Transportation Standards. All
streets within the subdivision shall have dedicated rights-of-way and be built to city standards.
Construction Schedule: Roadway construction for the Cattail Street extension and Ferguson
Avenue improvements as described above has commenced and is programmed to be completed
later this fall if weather conditions permit. Condition 19 is recommended to prohibit issuance of
building permits for Lots 2 and 3 until the improvements on the Cattail Street extension and
Ferguson Avenue have been completed and accepted by the City Engineer.
Traffic Impact Studies: A Preliminary Traffic Impact Study prepared by Marvin & Associates
for the subdivision was submitted with the application. As exact trip generation numbers
based on number on units to be built are not yet available, relative traffic impacts cannot be
accurately determined at this stage in the review process. The trip generation attributable to
the Four Points Subdivision is estimated to be between 3,000 and 5,000 Average Daily Trips
(ADT). The greatest potential impacts would be at Davis Lane intersections as the highest
volumes of subdivision traffic would access Davis Lane. It is likely that mitigating measures
may be required at the intersection of Davis Lane and Baxter Lane. Additionally, left turn
lanes on Davis Lane at the intersections of Kimberwicke Street and Cattail Lane will likely be
warranted in the future. Stop control on minor streets will facilitate the operation of these
intersections at acceptable levels of service. Current conditions have been estimated, and
subsequent information will contain new traffic data, trip generation numbers, and supporting
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calculations. Condition 24 recommends additional traffic analyses be required with future
development reviews.
38.41.060.A.13 Utilities
There are existing private utilities in Cattail Street, Ferguson Avenue and Kimberwicke.
Northwestern Energy participated in review of the project as a member of the Development
Review Committee to ensure provision of electricity and natural gas service to the subdivision.
In addition, Northwestern has advised that they will work concurrently and in cooperation with
other utilities and services, including telephone, internet, and cable TV providers to provide for
their respective infrastructure in joint utility trenches. All utilities will be located underground
and per City of Bozeman Standards. Private utility easements are required on the final plat.
38.41.060.A.14 Educational Facilities
A letter from the Bozeman Public Schools Director of Facilities, Todd Swinehart, was
submitted with the application. This letter discusses the school system's ability to
accommodate the increased enrollment as a result of Four Points Subdivision.
38.41.060.A.15 Land Use
The 54.28-acre property is currently vacant land with zoning of R-3 (Residential Medium
Density) and R-4 (Residential High Density). The preliminary plat shows two lots proposed for
multi-household development and dedication of a public park in Phase 1. The remaining two
lots shown are constrained by relatively large wetlands and will be restricted from development
subject to future subdivision review.
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38.41.060.A.16 Parks and Recreation Facilities
A first minor subdivision is exempt from providing parkland pursuant to Section
38.27.020.B, BMC. However, the applicant proposes to dedicate public park land in the
amount of 5.082 acres in the first phase of the project. A Park Master Plan has been submitted
for this public park that describes park amenities including a Community Center with a
playground, and provides information on vegetation, irrigation, trails and maintenance. RPAB
reviewed the park plan and forwarded a positive recommendation, with a request to change the
sidewalk that bisects the site east to west providing a safe route for students on the way to and
from school. Sheet 3 of 3 of the preliminary plat includes a table summarizing park land
requirements, indicating a total of 6.03 acres of required parkland for the entire subdivision,
based on 0.03 acres per unit at 12 units per developable acre, which excludes future parkland
dedication and wetlands. Note #1 on this table indicates that additional parkland will be
provided in Lot #5 as determined through subsequent development reviews.
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center plan is included in the Park Master Plan submitted with the application
and reviewed by RPAB.
38.41.060.A.18 Lighting Plan
Subdivision lighting is proposed at intersections on streets within the subdivision, and on
perimeter streets as shown on the lighting plan. Cut sheets were provided indicating proposed
lighting is in conformance with applicable code requirements. Final design of the lighting
system is required with the infrastructure plan submittal and shall be in accordance with the
City’s adopted Engineering Design Standards and Specifications.
38.41.060.A.19 Miscellaneous
The subdivision will not impact access to any public lands and there are no identified health or
safety hazards on or near the subject property.
38.41.060.A.20 Affordable Housing
Currently, the Workforce Housing Ordinance (Ordinance 1710) had been suspended by the City
Commission; therefore workforce housing is not required with this development.
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 minor subdivision to
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allow the subdivision of 54.28 acres into one public park, 2 lots for multi-household
development, and 2 lots with restricted development subject to further subdivision review.
B. 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.
C. 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.
D. 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 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 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.
E. 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 an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2014.
BOZEMAN CITY COMMISSION
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_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Approximately fifteen percent (eight acres) of the subject property is zoned R-3 (Residential
Medium Density), with the remaining eighty-five percent (forty-six acres) zoned R-4
(Residential High Density). The portion of the site zoned R-3 lies along the western side of the
parcel across from Chief Joseph Middle School. Phase I of the project includes dedication of
approximately 5 acres for a public park in the portion of the site zoned R-3. Phase I also
includes two lots for multi-household development; Lot 2 that is zoned R-3, and Lot 4 zoned R-
4. The remaining lots shown on the preliminary plat are zoned R-4 and are restricted from
development until further subdivision review. A large portion (twenty-one acres) of Lots 4 and 5
contains wetlands to be preserved as open space with public access.
The intent of the R-3 residential medium density district is to provide for the development of
one- to five-household residential structures near service facilities within the city. It should
provide for a variety of housing types to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
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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.
Adopted Growth Policy Designation:
The residential land use category has been assigned to the proposed subdivision property on the
Future Land Use Map in the Bozeman Community Plan. 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 advance 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.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Project Description
The proposal includes the subdivision of one existing tract of land of approximately 54 acres into
five lots. In Phase I, Lot 1 will be dedicated as a public park, Lots 2 and 3 will be available for
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initial development with multi-household housing, and lots 4 and 5 will be restricted subject to
further subdivision review prior to authorizing development. This subdivision is a first minor
subdivision from a tract of record and does not require Planning Board review or a public
hearing.
Water and sewer will connect to city services. All stormwater runoff will be managed on site in
retention ponds.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on March 26, 2014. The pre-application was
reviewed by the Development Review Committee (DRC) on April 9, 16 and 23, 2014 and
summary review comments were forwarded to the applicant in preparation of the preliminary
plat application.
A preliminary plat application was submitted on July 23, 2014 and was deemed unacceptable for
initial review on August 1, 2014. Revised application materials were submitted on August 20,
2014 and deemed acceptable for initial review. The preliminary plat was reviewed by the DRC
on September 3, 10 and 17, 2014. On September 17, 2014, the DRC determined that the
application and additional supporting materials submitted were adequate for continued review,
and further recommended approval with conditions and code provisions to be forwarded to the
City Commission for consideration.
Public notice was sent to property owners of record within 200 feet of the subject property via
first class mail, on September 11, 2014. Notice was also posted on the site September 12, 2014.
On October 3, 2014 this minor subdivision staff report with a recommendation of conditional
approval was forwarded to the City Commission, which is scheduled to make a final decision on
the application at their October 13, 2014 public meeting. The final decision for a First Minor
Subdivision from a Tract of Record Preliminary Plat must be made within 35 working days of
the date it was deemed adequate for review, or in this case by November 4, 2014.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Michael Tracy, 31922 Paseo Monte Vis, San Juan Capo, CA 92675-3415
Applicant: Four Points, MT LLC, 31922 Paseo Monte Vis, San Juan Capo, CA 92675-3415
Representative: Madison Engineering, 895 Technology Boulevard, Ste 203, Bozeman, Mt
59718
Report By: Valerie Sutton, Senior Planner, Brian Krueger, Development Review Manager and
Dustin Johnson, Development Review Engineer
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APPENDIX E – PUBLIC COMMENT AND ADDITIONAL INFORMATION
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Public Comment List:
1.Sandie Hammer, submitted comments via email on September 30, 2014 related to concerns
about traffic congestion on the roadway system.
2. Christine L. Koch, submitted a letter dated October 1, 2014 related to concerns about weeds,
lack of property maintenance, and traffic congestion .
Copies of Public Comment Received:
9-29-14
To Whom It May Concern on the Community Development Department,
I can only speak for myself as I have not physically spoken with the other board members, but
one of my fellow members sent me a link as he was concerned when he heard another multi-
family project was being projected for Baxter Meadows with little or no public input. We were
all shocked when we saw the 195 apartment complex going up with NO ACCESS road to Davis
Lane!!!! I project each of those apartments will come with 2 cars apiece, bringing a minimum of
400-800 more trips a day onto Baxter Lane, alone!!! I cannot even begin to fathom who thought
that was a good idea.
I tried (unsuccessfully) to plead our case for the completion of Cottonwood Road to Baxterl, on
the west side of the new Soccer Complex. Oh no, again your office folded with Flanders Mill (a
garbage built road-not to city standards) and Baxter being the only access. Now we, the
taxpaying residents of our landlocked "island" at Baxter Meadows, will not only have M-F to
deal with unbelievable traffic, but on weekends, too. Thank you so much.
Now, again we hear about Four Points Subdivision, a multi-family development that is going to
pave Cattail to Davis (this should have been done when the school was built). What about the
other end of FERGUSON-from Baxter to OAK!!!! I have heard residents complain just as
loudly about Durston and Ferguson as the planning was just not thought out well. Oak should be
punched through, also. Davis and Baxter need a light, but you can't have one as you do not have
the Right of Way. You just continue to allow more subdivisions without the infrastructure to
uphold it! Please consider those of us that are becoming landlocked. I would hate to ever see an
emergency in this area, during the busy time as it could be a catastrophe. I personally will not
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vote for the new "Law and Justice Center" when we have the powers at be, only hearing a few
taxpayer's voices.
I will be at the meeting on October 16 at 6:30.
Sincerely,
Sandie Hammer
4229 Fjord Court
Bozeman, MT 59718
(406)581-3033/587-9882
sandie@sandiehammer.com
I am sending a hard copy to
Community Development Department C/O Valerie Sutton or Bryan Krueger
203 E. Olive St. PO Box 1230
Bozeman, MT 59771-1230
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Staff Response to Public Comment:
Traffic issues: The Four Points Minor Subdivision has proposed to construct Ferguson at the
western boundary of their development and Cattail Street at their northern boundary. All of the
lots created with this subdivision will require further review by the development review committee prior to any issuance of any building permits. The construction of Ferguson and Cattail Streets will finally provide an additional route east out of Baxter Meadows onto Davis.
Public Works is aware of the increasing demand for improvements to the transportation network
on the west end of town. At this time there are multiple RFPs for engineering design work for Oak Street, Durston Road, Cottonwood Road, and the intersection of Baxter and Davis. In addition, the developer for the Flanders Mill Subdivision has agreed to construct Ferguson
Avenue from Baxter Lane to Oak Street with their first phase with the hopes of completing the
street in 2015. Public right-of-way is currently available for Ferguson – Baxter to Oak Street, as
well as for the extension of Oak-Ferguson to Flanders Mill.
Crowding in nearby schools: A letter dated July 22, 2014, from Todd Swinehart, PE, Director of
Facilities for Bozeman Public Schools, states that the proposed subdivision is currently within
the Meadowlark Elementary School, Chief Joseph Middle School and Bozeman High School
attendance areas. Approximately 18 new students expected with development of Phase I of the
subdivision, with 8 students in Pre-K, 4 students in 6-8, and 6 students in 9-12 grades. Mr.
Swinehart advises that population growth and demographic shifts in the future may necessitate
boundary realignments to existing schools which could modify the designated attending schools.
If a designated school attendance area’s student population exceeds the school’s capacity,
attendance at an alternate school may be required. Mr. Swinehart also states that the existing bus
system can accommodate the estimated number of additional students.
Weeds and general nuisance issues: The applicant submitted a copy of an approved Weed
Management Plan for the Four Points Minor Subdivision stating that noxious weeds shall be
treated by July 1 of each year with a follow-up treatment by October 15 of each year (if needed).
According to a July 9, 2014 cover memo from John Ansley, Coordinator of the Gallatin County
Weed District, attached to the Weed Management Plan, Final Plat Approval will be denied or
delayed if noxious weed treatment has not occurred. Other nuisance complaints are handled
through the city’s code enforcement process.
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