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Home My WebLink About14- Boulder Creek Subdivision Return to: City of Bozeman City Clerk P.O. Box 1230 Bozeman MT 59771-1230 ES t2( 2500651 Page: 1 of 36 12/31/2014 09:35:07 AM Fee- $2S2 00 Charlotte Mills - Gallatin County, MT MISC 1 III IIl IIIIII III IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII EII IIII IIII P-14023, Finding of Fact and Order for the Boulder Creek Subdivision Public Hearing Date: Planning Board public hearing was on July 1, 2014 City Commission public hearing was on July 21, 2014 Project Description: Boulder Creek major subdivision to subdivide 35.34 acres into 59 single- household residential lots (R-2), 4 multi-household lots (R-4), streets, 2 public parks, private common open space corridors, Class I1 trails and related site improvements. The application includes a phasing plan for subdivision development and park improvements. Project Location: North of Annie Street, east of Laurel Parkway, south of Oak Street, legally described as an Amended Plat of Lot 3A, Minor Subdivision 201A, located in the S 1/2 of Section 4, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County, Montana. Action: Approval with conditions per Sections Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P-14023 and move to approve parkland with less than 100% and more than 50% of its perimeter fronting public streets (Section 38.23.040) as the applicant has proposed mitigation measures and to approve the Subdivision with conditions and subject to all applicable code provisions. Staff Contact: Chris Saunders, Policy and Planning Manager Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) Page 1 of 36 P-14023 Findings of Fact for the Boulder Creek Subdivision Page 2 of 36 PROJECT SUMMARY The subdivision is to divide 35.34 acres into 59 single-household residential lots (R-2), 4 multi- household lots (R-4), streets, 2 public parks, private common open space corridors, Class II trails and related site improvements. A total of 2.9269 acres of parkland is being dedicated with remaining parkland requirements being satisfied by development of trails along Baxter Creek. TABLE OF CONTENTS EXECUTIVESUMMARY ............................................................................................................2 Unresolved Issues ..............................................................Error! Bookmark not defined. Project Summary................................................................Error! Bookmark not defined. Alternatives........................................................................Error! Bookmark not defined. SECTION1 - MAP SERIES .......................................................................................................... 3 SECTION 2—REQUESTED VARIANCES AND DEVIATIONS............................................. 10 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10 SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 16 SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 18 SECTION 6 - STAFF ANALYSIS AND FINDINGS....................................... .. 19 ........................ Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 19 Primary Subdivision Review Criteria, Section 76-3-608 .................................................22 Preliminary Plat Supplements...........................................................................................28 APPENDIX A—ADVISORY CODE CITATIONS ..................................................................... 34 APPENDIX B—PROJECT SITE ZONING AND GROWTH POLICY..................................... 34 APPENDIX C—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 35 APPENDIX D—NOTICING AND PUBLIC COMMENT......................................................... 36 APPENDIX E—OWNER INFORMATION AND REVIEWING STAFF................................. 36 FISCAL EFFECTS........................................................................Error! Bookmark not defined. ATTACHMENTS..........................................................................Error! Bookmark not defined. P-14023, Staff Report for the Boulder Creek Subdivision Page 3 of 36 SECTION I -MAP SERIES Surrounding Zoning and Land Uses f Boulder Creek MaSub The following land uses and zoning Prel. Plat- 63 lots are adjacent to the subject property: for single and multi- North: Count owned land, vacant s�� R- household development. County-owned ?I R-4 Submitted Dec. 20, 2013 South: Westbrook Subdivision zoned R-2 Corrected and deemed R-1 (Residential Single-Household acceptable Feb 12, 2014 Tr Low Density District), R-2 f-. jR_3; t n` r: (Residential Single-Household i-W R`4 i Medium Density District) and R-3 ( B-1 PLI h� i (Residential Medium Density District) N w A East: Flanders Creek Subdivision R- ( S R=1 R_1 1�' Ur 4 (Residential High Density), and R- IO (Residential Office) 12 West: Laurel Glen Subdivision, LEtiRO()DDR•e+ra - r GI. �'R2oT �cin-n11 _.,.,. ........ t �r rrri zoned R-1, R-3, R-4 and B-1 t SHADOWGLF.N�nR BROOKSIDE L\ (Neighborhood Business District), r_DI'11ST0N;RD;'_ - .,, ,°�„ , ., single household and multi- legend household residences and vacant. Boulder Creek outline Zoning Districts n City Limits PL"Ov� nrn ,3- Vicinity Map with the development outlined in red and showing zoning Page 3 of 36 P-14023 Findings of Fact for the Boulder Creek Subdivision Page 4 of 36 PHASING PLAN BOULDER CREEK SUBDIVISION LOCATED IN THE S 112 OF SECTION 4, T. 2 S., R. 5 E. OF P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA BLOCK 19 `— SANA I NE um 7 LOT yr: #P.L tM Loy l 1 O Lu LOT .1P CL LOT 2 / SHERIMOF'YAY- `W w km PUBLIC PARK 1 °p lW •nu. BLOCK 4 P PARR 2 • .. .. .• .. . Exism POND •.� W a ` PHAS Y' - ' S 2"'r P-I4023 Findings of Fac•tfor the Boulder Creek Subdivision Page 5 of 36 W-OAK-ST a � > yr a n :n � w —0 GLENELLEN_DR- �r„ � z i x > > i a •—ANNIE-ST—z-`"3 � IL 9 E,- z W O x Legend 3 7• Boulder Creek outline d 130 Community Plan Future Land Use �C Residential -- QQ 0L'ENNVOO Residential Emphasis Mixed Use D D R- Suburban Residential '� JW � ® a Regional Commercial and Services Community Core BROOKSIDE-LN �» Community Commercial Mixed Use 1 Business Park Mixed Use industrial DURSTON-RD TTis mao was created Dv the Card aozemen Public Institutions Dep.=W of Planning Parks,Open Space and Recreational Lands andCommuMrnweapmem Other Public Lands W Golf Course Rm.d Vicinity Map from Growth Policy Figure 3-1,project area is outlined in red P-I4023 Findings of Factfor the Boulder Creek Subdivision Page 6 of 36 3� AK-ST r�i # ---- —NA,oOXK-S•r R-3, 4. R-4 R=4 R-2 a., t R=2 w r R-3{ ;!� R R-i r B- R-4 ; ` 1 PLI - i AM ` I, ( AtiN1pST — y R R-1 '! R-3 x ` cam• �- '� �'r e 130 }t'' = .R2 � 1 % . z GLE1 ,%N'00'-DR i n� GLE r fl013 R-2 N�'ooD-DR . .....,....... o �rrr-rr, y �SNADOWGLENDR IIROOKSIDF IN - -� � •„ !'— � I — � t irrcmawas irrarc�h i^e Legend — — - -- DURSTON;RD.: _ .. ac°gam"�mv`o°ill'r,.qe r a Boulder Creek outline 1 a Zoning Districts R City Limits — StreamsIt f Lakes +wea Vicinity Water Features P-14023 Findings of Fact for the Boulder Creek Subdivision Page 7 of 36 1 1 w ;L••..•• ... I•'-NV^OAK=ST._.. ;�—.=-..� a �-�--•N OAK-ST ! F i LADUKE-ST- 1 r Z _. + s x w w i p ! 1 Z J x V ` RFNO 'A LN z !_...!.._.._.._.._.� -: ppT,1%ST _i.. IE ST ' OTO{I-ST.I- ! C ^ PrrIPESTONE-ST! . ._ _ CARBON-ST'j I 11 DIIRSTON-RD 1 x7 TILTOPi,ST > ..} C C _.I TOOLS ST—>-Z->-;- w- O _.._.DEN G O E Z i 3; ;� ------� BREN -SIT+` z€Q GU RENEPE-ST ;� ....... w p > w p DEIS ................ GOVER-ST 7 iq0.... ............. --------------- X r .. 1VIONROF.-ST, .................. _ O [- ._.._- w-x a Em Vp_BABCOCK=ST`J ;�-� U. - ...,,. •,.,.... 4 Legend Q �; .•• Trails G7 �" ' X?�•-. L_ > L ;maD o -.a - :�_ a oc o L,N R Y nln 1]8oulder Creek outline , p PALISADE-DRIN ,a Ccmmuvv Pwmgmnnt Parks Iz,a••!C - r LI 1 ;F_S' Open Space A� y O R rM �r City Limits m C6 Streams FAL1:0 -S'I — f Lakes :y yi ,,n[h=r c o Vicinity Map of existing parks and trails P-14023, Staff Reportfor the Boulder Creek Suhdivision Page 8 of 36 OVERALL PARK/OPEN S► LAYOUT WE5TBROOK, BOULDER CREEK, AND TRADITIONS I , IrEm, Vicinity Map of proposed and surrounding parkland and open spaces Page 8 of 36 r ♦ , ■ C �11■ 111� f:� �1111111■ ■ � �= �11111111■ _ �� 111■■ 111/ ■■■■■■r P-14023 Findings of Fact for the Boulder Creek Subdivision Page 9 of 36 Deficient Intersections & Missing Road Sections LA fir,rl - a., Pull.\ r, - 1 'All YMCA Sports d r i' A�uattc - - � Center? � �st•Winds Park A tic _Flanders Center 7 - 5 MITI relder eok _ _ i��:1 ,IIt 1•1�,\ 1 1 1 , _ n S-t tom'; _ • r\\IF\i � :}�'.• .. stb Wer �•sl I- ..`:7! ,II •/ ,1 _ 1 1 ' � mt ��y{11� lil It�.{tIi' I: c,�l t1i1F1.�1{I 1 11,1/t II - i.`� f ��•'. i a SS ValleytWest �t'�yT'R�},it ,e0� •' � I— ss = r _ zzr" r �Stt{t'1 •...l�- ' il, � -�. �'It�c.�\\ h�liaiw•'♦ �' Norton Ranch_° �/�`t.Yf. �' S •tee 'pal_+1 r r _tic.+�F.. x / ISII y'��il\NI 11�.1)1: _ �•� . - 1 • .I, - J f - I Legend • Deficient Intersections N Missing Road Sections O 112 Mile Buffer Impacted Subdivisions 1 in equals 0.5 miles Map of Deficient Intersections and Missing Road Links P-14023 Findings of Fact for the Boulder Creek Subdivision Page 10 of 36 SECTION 2 —REQUESTED VARIANCES AND DEVIATIONS No variances were requested, however the applicant proposedto mitigate the parkland frontage requirement by installing a pavilion in Public Park 2. The pavilion will be installed according to the Park Master Plan in Phase 3 of the development. 1) Section 38.27.060.A (Parkland Frontage) to allow parkland with less than 100% of its perimeter fronting public streets. No variance requested as applicant is mitigating reduction in park frontage. SECTION 3 - CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to the subdivision. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. Recommended Conditions of Approval: 1. The final plat for each phase of the subdivision shall conform to the design and amenities included within the subdivision application and the conditions of approval. Alterations require approval by the City of Bozeman. 2. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required certificates. The final plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law. 3. The preliminary Plat is extremely difficult to read with all materials identified on one page. The final plat shall include a Conditions and Notes sheet to include all advisory notes and statements. Separate pages identifying (1) easements, ROW, lot lines and dimensions, (2) infrastructure lines and street dimensions, and(3)phasing details with access point, parkland and watercourse dimensions shall be provided with the final plat. 4. Number the sheets of the subdivision final plat to read: Page X of X (e.g. Page 1 of 2; Page 2 of 2). 5. The area of the subdivision not provided with all required municipal services and P-14023 Findings of Fact for the Boulder Creek Subdivision Page 11 of 36 infrastructure in a final plat shall be designated as "Lot 1 R" or another designation mutually agreed upon and shall be subject to the following note: "Notice Is Hereby Given to all potential purchasers of Lot R of the plat of the Boulder Creek Subdivision Phase , City of Bozeman, Gallatin County, Montana that the final plat of the subdivision was approved by the City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision or development review, and no development of this lot shall occur until all on and off-site improvements are completed as required under the Bozeman Municipal Code. Therefore, Be Advised, that Building Permits will not be issued for Lot I of the Plat of the Boulder Creek Subdivision Phase , City of Bozeman, Gallatin County, Montana until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman." 6. The final plat shall include a transfer of private improvements certificate to read substantially as follows: CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON- PUBLIC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Private Common Open Space parcels designated with numbers 1, 2, 3, 4, 5, 6 and 7. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: (LIST ITEMS). P-14023 Findings of Factfor the Boulder Creek Subdivision Page 12 of 36 Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE). The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by Document Number (To be filled in when recorded) By: (Subdivider) Date: 7. The public park area used to satisfy parkland dedication requirements of Article 38.27, BMC for all phases of the Boulder Creek Subdivision shall be dedicated with the initial final plat of the Boulder Creek Subdivision. The internal improvements may be phased as proposed in the Park Master Plan except that the 6 foot wide sidewalk along Annie Street must be installed with the initial phase. 8. The Park Master Plan shall be updated to include revisions as required in conditions of approval and to include the use of installation of trail improvements outside of the dedicated park to meet parkland dedication requirements. 9. If the owner proposes to voluntarily provide to the City other additional land above and beyond that required for compliance with 38.27, BMC the final Park Master Plan shall incorporate and coordinate the entirety of the land given to the City by requirement or proffer. 10. The final Park Plan must be submitted, reviewed and approved by the City Commission prior to Final Plat approval of the initial phase of the major subdivision. The calculated park areas shall not include any areas used for stormwater treatment. 11. The former gravel pit pond is to remain a park feature that needs to be inspected and remediated with safety issues such as steep banks. Construction refuse must also be removed. Any banks steeper than 1 foot of rise per 3 feet of run shall be lowered to not exceed that slope for a distance at least 10 feet back from the water's edge. Any locations where this is not able to be satisfied must be approved by the Park Superintendant. 12. The underwater contours of the pond shall be mapped to establish depths and any locations of sudden increases in depth. If the mapping shows sudden increases the City deems unsafe the developer shall work with the Parks Superintendent to design and implement a modification to the contours to remove the hazard. All necessary permits shall be obtained prior to the work. 13. Prior to proceeding with construction of the public trails and public parklands or facilities within public parks the applicant shall have a pre-construction meeting with the Department of Recreation and Parks. The final location, placement and installation schedule of trails and park facilities shall be approved by the Director of the City of Bozeman Department of Parks 14. Dog waste stations, additional benches and additional trash enclosures not shown on Sheet L1.0 will be the responsibility of the HOA or other such entity established at a later P-14023 Findings of Fact for the Boulder Creek Subdivision Page 13 of 36 date to construct and build such improvements. L1.0 does not depict any such amenities (dog waste stations, benches or trash enclosures). 15. The new pavilion in Public Park 2 will be installed with phase 3 of this subdivision. The pavilion as shown on page 18 of the Park Master Plan is a mitigation measure for the less than 100% frontage as required by Section 38.27.060, BMC. 16. Fences located in the front, side or rear yard setback of properties adjacent to any park shall not exceed a maximum height of four (4) feet, and shall be of an open construction designed in a manner to be consistent along all park land and common open space areas. Proposed fencing shall conform to Section 38.23.130 "Fences, Walls and Hedges." This requirement, with appropriate exhibits of fence types, shall be addressed and illustrated in the property owner's association documents. The documents shall include a single fence style acceptable to the City for locations fronting any public park. 17. The proposed watercourse planting and north-south Class II trail shall be installed according to the phasing plan described in the Park Master Plan. 18. The 30-foot Private Common Open Space 1 and 2 (Phase 1, Block 8 and Phase 2, Block 9 and 10) does not align with the proposed Class II trail that intersects with Abigail Lane in Public Park 1. The Private Common Open Spaces shall be moved one lot south for better alignment. 19. A public access easement for all pedestrian connections shall be provided in accordance with Section 38.27.110, BMC. 20. The property owner's association (POA) documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Boulder Creek POA and binding property owners to contribute to the construction, operation and maintenance of the sewage lift station proposed to serve this development as well as for the maintenance and upkeep of dedicated parks and publicly accessible open space lands as required by the agreement between the subdivider and the Boulder Creek POA. The provisions in the POA's documents fulfilling this condition shall be considered required by the City Commission pursuant to 38.38.030.A.5, BMC. The City may release the Boulder Creek Property Owners Association from the obligation to maintain parks dedicated to the City at the City's discretion. 21. The property owner's association documents for this subdivision shall be drafted so that the entirety of the property being subdivided in all phases is subjected to the obligations of park and open space maintenance at the time of the recording of the final plat of the initial phase. Contribution to maintenance expenses may be proportionate to the number of lots platted. 22. All references within covenants and other application materials shall clearly refer to the identified common public open spaces and public parks; current covenants note the P-14023 Findings of Fact for the Boulder Creek Subdivision Page 14 of 36 common public open spaces, trails and public parks and Parkland System. Additionally, covenants shall correctly reflect existing zoning designation for all Iots. 23. The final plat, POA and park master plan may not include any reference to "dedicated" open space; rather if the areas designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof, the plat, POA documents and park master plan must specifically designate them as common open space owned by the POA. 24. The definition for"parks" in the property owner's association (POA) documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to "Public Park", unless it is public parkland being dedicated with this major subdivision. Parkland definition in covenants and park plan should clearly define and distinguish between private common open space and public parklands. 25. The sidewalk along Oak Street frontage shall be 6 feet wide and shall be installed and connected to the existing sidewalk in the Laurel Glen Subdivision Phase 2, Block 43. The portion of the sidewalk adjacent to the common open space shall be installed at the same time as the street. 26. Annie and Oak Streets shall be constructed to connect with Laurel Parkway prior to or in conjunction with the initial phase of Boulder Creek Subdivision. Abigail Lane shall be constructed with phase 1. 27. Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 28. Road geometry shall meet the criteria in the City of Bozeman design standards unless a deviation can be justified and approved by the City Engineer. Some of the intersections do not meet the standards as currently shown. 29. A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Oak Street. 30. The applicant and property owner shall submit documentation of easement release and rededication along Annie Street at time of filing final plat. A copy of the easement documentation shall be recorded with the final plat. 31. Improvements necessary to bring the intersection of Cottonwood Road and Durston Road to an acceptable level of service shall be completed prior to final plat of the initial phase. If another development completes the improvements first, the developer shall provide to the City a payment equal to one-third of the local share of improvement costs for reimbursement to the other development. 32. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the obligation to install sidewalks: P-14023 Findings of Fact for the Boulder Creek Subdivision Page 15 of 36 "City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s),regardless of whether other improvements have been made upon the lot." 33. An additional street light may be needed at the northern intersection of Samantha Lane and Abigail Lane. City of Bozeman Public Works Department to approve final lighting plan with LED bulbs. 34. A complete application for the required special improvement lighting district shall be submitted to the City of Bozeman Finance Department at least 60 working days prior to the submittal of the final plat for review. The request to form a lighting district shall include all lighting types for which the district will be responsible. 35. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the Boulder Creek Subdivision. As each final plat within the Boulder Creek Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as Lot I shall not be assessed a fee or if it is determined that a fee must be charged to Lot I the lot shall be assessed as a single lot. 36. The retention pond adjacent to Park 1 shall be inspected and re-graded if needed to comply with maximum side slope requirements. 37. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. Secondary accesses will be required with each individual phase of this development as the project proceeds from one phase to the next. 3 8. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: "Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction." 39. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to Durston Road including paving, curb/gutter, sidewalk, and P-14023 Findings of Fact for the Boulder Creek Subdivision Page 16 of 36 storm drainage (unless currently filed with the property). b. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). c. Street improvements to Laurel Parkway including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). d. Street improvements to West Oak Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). e. Signalization of the intersection of Laurel Parkway and Durston Road. f. Signalization of the intersection of Cottonwood Road and Durston Road. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 40. The proposed development had previously addressed sewer capacity with dependence on the area lift station. Design calculations shall be provided to verify the new density of the subdivision does not exceed what was previously accounted for. 41. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. 42. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 43. The water main in the Oak Street and Annie Street rights of way shall be connected to existing water system to provide adequate looping in the initial phase of the development. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS A. Section 38.41.020 outlines additional permits that may be required beyond what is administered by the City of Bozeman. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. This includes revisions to permits made necessary by conditions of approval. B. Section 38.243.040 requires pedestrian rights of way to be constructed as standard City sidewalks. Those sections outside of the common open space used to satisfy parkland requirements, e.g. private common open spaces 1, 2, 5, 6, & 7 used for block length compliance, shall be depicted and constructed in accordance with the Section. Install to property boundary with appropriate transition to Class I1 trails to prevent washout of intersecting trail material and ADA compliance. P-14023 Findings of Fact for the Boulder Creek Subdivision Page 17 of 36 C. Section 38.27.070 "Landscaping of Public Lands" — Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas is required with the final plat application. D. Any proposed public parklands for the residential development may not be located in the water course setback or associated wetlands; however trails may be located with the watercourse setback. The two public parks are adjacent to an existing detention pond and an existing pond. E. A waiver of right to protest creation of a park maintenance district shall be prepared by the City, signed by the landowner, and recorded as part of the initial final plat per Section 38.27.090, BMC. F. Section 38.41.080.2.g.9 requires A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. G. A Storm Water Management Permit (SMP)must be submitted and approved by the City Engineer. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman's Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this development. H. Section 38.23.070 specifies that the Developer's engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. P-I4023 Findings of Factfor the Boulder Creek Subdivision Page 18 of 36 The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Developer will be responsible to complete the necessary system improvements to serve the full development. All water mains over 500 feet in Iength must be looped. I. The transfer of water rights or the payment of cash in lieu of water rights shall be provided in accordance to BMC section 38.23.180. J. Section 38.41.080.g.7 requires the location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. K. Section 32.23.070 specifies plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless concurrent construction is granted. SECTION S -RECOMMENDATIONAND ACTIONS Project Name: Boulder Creek Subdivision preliminary plat File: P-14023 The Development Review Committee (DRC) held meetings on June 4, June 11, and June 18, 2014 to consider the subdivision. The DRC found that the application is sufficient for review and recommends approval with conditions to the Planning Board and City Commission on the subdivision. The Recreation and Parks Advisory Board subdivision review committee considered the proposed park master plan and park dedication at their meeting on June 13, 2014. They recommend favorably with the conditions as outlined by Staff in this report. P-14023 Findings of Fact for the Boulder Creek Subdivision Page 19 of 36 The Planning Board conducted a public hearing on the subdivision and made a favorable recommendation to the City Commission. The hearing date for the Planning Board was July 1, 2014 at 7 pm at 121 N. Rouse Avenue, City Hall. The City Commission mad the final decision on this subdivision application. The hearing date for the City Commission was July 21, 2014, 6 pm at 121 N. Rouse Avenue, City Hall. SECTION 6 -ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. This analysis is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.03.040, BMC. In considering applications for subdivision approval under this title,the advisory boards and City Commission considered the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The subject property has been surveyed and platted in conformance with the Montana Subdivision and Platting Act and prepared as a preliminary plat in accordance with the state statute and the Bozeman Municipal Code. Prior to filing of any plat(s) for this subdivision, the plat(s) must comply with the survey requirements in Part 4 of the Montana Subdivision and Platting Act and will be filed in the Gallatin County Clerk & Recorder's Office upon review and approval by City staff. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and PIatting Act The final plat shall comply with the standards identified and referenced in Chapter 38, BMC, Unified Development Code (UDC). The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. The following requirements are standards of the UDC and shall be addressed with the final plat application: A. Pursuant to Section 38.03.040.A, BMC, conditional approval of the preliminary plat shall be in force for not more than three years for multi-phased major subdivisions. As a multi- phased subdivision, conditional approval of the preliminary plat for the Boulder Creek Major Subdivision shall in be force for three years. Prior to that expiration date,the developer may submit a letter of request for the extension of the period to the Director of P-14023 Findings of Factfor the Boulder Creek Subdivision Page 20 of 36 Community Development with each request considered on its individual merits and consideration of the criteria provided in 38.03.040.A, BMC. B. Final plats shall contain the applicable language for all certificates listed in Sections 38.06.020 through 38.06.110, BMC. C. 38.23.050, BMC "Utilities" - Utilities shall be placed underground, wherever technically and economically feasible. If overhead utility lines are used, they shall be placed along the rear property line. D. 38.23.060.13, BMC "Private Utilities"—The final plat and property owners' association documents shall contain a note stating that if a utility easement is greater than the building setback required by Chapter 38, B.M.C. said easement shall apply. All utility easements to be noted on the final plat for each typical subdivision lot/block, exclusive of notations on the final plat. E. 38.23.120, BMC - If mail service will not be to each individual lot within the development,the developer shall provide an off-street area for mail delivery within the development in cooperation with the United States Postal Service. All cluster mail boxes must be ADA accessible and placed accordingly. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way. F. 38.26.050.E, BMC "Street Frontage"—The property owners' association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code. The right of way shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locates is required before any excavation begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there should be a mulch ring 3'-4' in diameter around each newly planted boulevard tree. G. 38.38.020, BMC and 38.38.030, BMC "Covenants" - Covenants, restrictions, and articles of incorporation for the creation of a property owners' association shall be submitted with the final plat application for review and approval by the Department of Community Development. These covenants shall contain, but not be limited to, the following items: 1) provisions for snow removal, 2) guidelines that outline architectural and landscape guidelines for each individual lot and/or phase of the subdivision, including placement of boulevard trees, 3) common area maintenance provisions including landscape details and maintenance provisions for boulevard irrigation and trees, 4) noxious weed control, 5) parking within residential structures, and 6) assessment of existing and future Special Improvement Districts. P-14023 Findings of Fact for the Boulder Creek Subdivision Page 21 of 36 H. These documents shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Community Development Department at least 30 working days prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation. I. 38.39.030, BMC "Completion of Improvements" - If it is the developers intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. J. 38.39.030.B.2, BMC "Sidewalks"—The final plat and property owners' association documents shall include language stating that "upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot." K. 38.41.050.A.8, BMC—A Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of County declared noxious weeds and a copy provided to the Community Development Department prior to final plat approval. L. Irrigation System As-Builts - The developer shall provide irrigation system as-builts for all irrigation installed in public rights-of-way once the irrigation system is installed. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box. M. That the applicant obtains Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Section 16.16.101 through 16.16.805 A.R.M. N. The subdivider shall ensure that all construction material and other debris are removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. O. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. Conditions 1-6 address various platting requirements including necessary copies of the plat for review prior to recording, clarification of information presented, adequate recordation of the P-14023 Findings of Fact for the Boulder Creek Subdivision Page 22 of 36 phasing of the plat and compliance with state law requirements for tracts less than 160 acres, and transfer of improvements to be installed with the plat but not dedicated to the public. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The hearings before the Planning Board and City Commission have been properly noticed, as required by the Bozeman UDC.Notice has been given as described in Appendix D. The application materials were reviewed and found adequate for review. Based on the recommendation of the DRC and other applicable review agencies, as well as any public testimony received on the matter, the Planning Board shall forward a recommendation in a Resolution to the City Commission who will make the final decision on the applicant's request. A pre-application was reviewed and a final plat will be reviewed prior to recording. 4) Compliance with Chapter 38, BMC and other relevant regulations Based on review of the DRC, the RPAB and the Department of Community Development, all applicable regulations appear to be met when all proposed conditions and code requirements are met. Pertinent code provisions and site specific requirements are included in this report for Planning Board and City Commission consideration. Compliance with required conditions must be demonstrated during the review of each final plat. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities As noted under Staff Finding 2 above and required by Section 38.23.060.A, BMC all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application. Therefore, all utilities and necessary utility easements will be provided and depicted accordingly on the final plat. There will be a slight change in alignment for Annie Street. An easement already is in place for the street. If needed, as noted in Condition 30, the applicant and property owner shall submit documentation of easement release and rededication along Annie Street at time of filing final plat. A copy of the easement documentation shall be recorded with the final plat. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The proposed lots meet the minimum lot width and frontage requirements. In addition, the lots will gain access from frontage on internal local streets. The final plat shall include a public access easement for all areas labeled as common open space. All streets are proposed to be dedicated to the public. A change to non-dedicated streets would be a material change to the subdivision and require additional review before final plat approval could be granted. Primary Subdivision Review Criteria, Section 76-3-608 1) The effect on agriculture P-14023 Findings of Fact for the Boulder Creek Subdivision Page 23 of 36 The subject property is designated as "Residential" according to the City of Bozeman Community Plan. The subject property is zoned for residential development and has not been in agricultural production for many years. Therefore, this subdivision will not have adverse effects on agriculture. 2) The effect on Agricultural water user facilities Any alterations to the watercourse with road and utility construction will be done so that any potential downstream water rights are not diminished and/or impaired nor that any damage is done to Baxter Creek or Baxter Ditch. By law the subdivision of this property cannot damage downstream water users. Baxter Ditch is located on the eastern boundary and a 10-foot ditch maintenance easement on either side of the ditch is depicted on the plat. The ditch is further located within a common open space so there will not be adjacent private structures which might interfere with access. Baxter Creek, as a natural occurring watercourse, even supplemented with water for irrigation conveyance, remains under the jurisdiction of the Army Corps of Engineers and the Gallatin Conservation District.Necessary permits for stream crossings have been applied for and must be obtained before beginning any modification to the stream. 3) The effect on Local services Water/Sewer—Boulder Creek subdivision will connect to the existing water distribution and sewage collection systems. The subdivision will be served by existing 8" sewer mains located on Annie Street, Laurel Parkway and Oak Street. The existing mains flow to the west and north, respectively, to an existing lift station on Oak Street installed with Laurel Glen Phase 1. The lift station was sized to handle all phases of Laurel Glen, Westbrook and Boulder Creek. Sewage will be conveyed to and treated at the wastewater treatment plant located at Moss Bridge and Springhill Roads. Lift stations require extra operational care and maintenance. The City has established a surcharge program for sewer bills to cover these costs. Conditions 39-40 address the participation of this subdivision in maintaining the lift station serving it. The extension of Annie Street on the southern border and Oak Street on the north will also enable secondary main connections in the water system. This secondary connection is a substantial improvement in safety of supply to the existing Laurel Glen development to the west as it reduces the possibility that the area can be cut off from service. Condition 43 addresses the timing of the installation of the water main. The phasing of development is important to ensure that adequate access and utility services can be provided to all platted lots. Therefore, Condition 37 requires phasing and secondary access to be addressed with the plans and specifications review. Streets—Access to the subdivision is provided from Durston Road and Cottonwood Road (Arterial), Laurel Parkway (Collector) - all three are existing streets - and Oak and Annie Streets, which will be extended to create a connection between segments of roadway in Laurel Glen to the west and in Flanders Creek to the east. Annie Street will divide the approved but not built P-14023 Findings of Factfor the Boulder Creek Subdivision Page 24 of 36 Westbrook subdivision to the south from the subject site and will be constructed to the same specifications as the existing endpoints. Oak Street will also be constructed to the same specifications as the existing endpoints including sidewalk connections. Condition 26 notes that Oak and Annie Streets will be constructed in the first phase of the subdivision. A one-foot no access strip shall also be recorded on the final plat restricting access for any lots fronting onto Oak Street. Condition 29 requires this restriction to comply with Section 3 8.24.090, BMC which limits access onto arterial streets. Conditions 27 and 28 address compliance with adopted standards. Adjacent roadways included for analysis in the applicant's traffic impact study are Cottonwood Road and Flanders Mill Road. The traffic impact study identified that the intersection of Durston Road and Cottonwood Road is currently operating at LOS F at PM Peak. The anticipated trip generation impacts of this subdivision and Westbrook subdivision will further degrade this intersection. The Westbrook subdivision has already been conditioned to make corrections to this intersection so that the level of service standards are met. The study recommends several options including adding a four-way stop or a four-way stop in combination with a left turn lane for westbound traffic. Another option is installing a roundabout at this intersection. Other roadways and intersections are expected to continue to function at acceptable levels of service and thus no other improvements are proposed. The required improvements to the intersection of Durston/Cottonwood are larger than can be attributed to this development. Condition 31 has a two part requirement to either make corrections to the intersection or contribute a proportional share of the improvements undertaken by another development. The City has obtained waivers from other developments in the area for participation in special improvement districts which can help fund required improvements. Condition 39 requires waivers of right to protest creation of SIDs for various improvements at locations affected by this development. The City has also listed the intersection as well as expansion of Cottonwood Road and Durston Road as impact fee eligible improvements. At this time there is not a designed project or a specified funding package to complete the required work. The applicant is encouraged to participate in the development of the design and funding packages to expedite progress. Two other subdivisions are either approved or expected shortly which will require the same improvements to be completed in order to proceed. To protect the public safety, necessary improvements must be installed prior to final plat. Sidewalks are an essential part of the street infrastructure. Some sidewalks must be installed with the initial construction and other sidewalks may be deferred until construction of the homes within the development. Conditions 25 and 32 give direction for recording of notes on the plat to inform buyers of their obligations and to require some upfront installations. As part of the street infrastructure lighting must be installed. The physical installation of the lights is done by the developer. A special improvement lighting district is formed to provide for the maintenance and operation of the lights over time. Conditions 33-35 address lighting. Condition 33 requires the use of LED lighting fixtures. This does not modify the pole heights or P-I4023 Findings of Fact for the Boulder Creek Subdivision Page 25 of 36 similar physical performance features. LED street light fixtures have been tested by the City and found to have better performance with lower power consumption and less frequent failures and required maintenance than the standard lights. Therefore, as the residents of the subdivision will be responsible for paying for the ongoing expenses of the lighting, it is appropriate for the City to ensure that the most efficient and best performing lighting is installed to reduce ongoing costs and ensure that the level of service is maintained. Police/Fire—The property is located within the City's Police and Fire emergency response area. The subdivider must obtain addresses for the new lots from the Engineering Department prior to filing the final plat to facilitate emergency response to the site. Stormwater - The applicant submitted a preliminary design report for stormwater management for review by the Engineering Department. The standard requirement for a detailed review of the final grading and drainage plan, and approval by the City Engineer,will be required as part of the infrastructure plan and specification review process prior to final plat approval. The required detention ponds are within common open spaces to be owned by the proposed homeowners association. There is a question whether existing detention pond 1 was constructed to required standards. The pond shall be examined and any necessary changes made to ensure a functional and safe condition. This is required by Condition 36. Parklands— The applicant submitted a master park plan for this project. The Boulder Creek Master Park Plan is comprised of four major components: dedicated park areas, private common open space areas, a trail network and watercourse planting. The required parkland calculation is as follows: 59 single-household lots x .03 acres per lot = 1.7700 acres 4 multi-family lots at 4.9938 acres x 8 du/acre x .03 acre per dwelling unit= 1.1985 acres Total minimum required parkland acreage of 2.9685 acres The applicant is providing 2.9269 acres for a deficient of 0.0416 acres. A cash-in-lieu-of was initially requested for the 0.0416 acres of parkland not contributed. However, at the Recreation and Parks Advisory Board subdivision committee (RPAB) meeting it was identified that the applicant was providing trail improvements which would offset the required 0.0416 acres. A letter from the applicant's Engineer was provided to verify this. The letter is attached. Therefore is has been determined that no payment is necessary as the applicant will dedicate sufficient land and amenities. Staff supports the RPAB decision. Two proposed parks are located in the SW corner of the development. All parkland will be dedicated in the first phase. However, most parkland improvements including trail improvements will occur in the third phase as outlined in the Master Park Plan. Condition 7 requires the sidewalk along Annie Street to be installed with the park dedication to provide a safe pedestrian circulation. The applicant must show compliance with the parkland dedication requirements with each phase. Therefore, Condition 7 requires that with the first final plat within the subdivision P-14023 Findings of Fact for the Boulder Creek Subdivision Page 26 of 36 the entire park areas shall be dedicated to the City. Each phase will then have assurance that the final park land required will be provided as needed and improvements to parkland will occur according the Master Park Plan. Installation of improvements must be approved by the Parks and Recreation Director. The required parkland is shown outside of the Baxter Creek wetland setbacks. The setback is not considered suitable for park dedication in most circumstances. The developer has expressed interest in granting the watercourse and pond area to the City in order to create a more coordinated park area and to facilitate maintenance in the short and long term. Condition 9 notes that should the developer wish to do this the Park Master Plan must address the entire area to be provided. The grant of the additional area of the watercourse area is not a condition of approval nor would the additional area be considered as excess parkland available to offset other dedication requirements. However, staff agreed and the City Commission concurred that consolidating Park 1, Park 2, and the common open space between them would provide a superior outcome. The common open space contains an old gravel pit which has since filled with water. The boundaries of the pit are mapped but not the subsurface contours. The US Army Corps of Engineers (USACOE) has asserted authority over the wetlands which have developed around the edge of the water. The developer proposes to keep the gravel pit in place. Conditions 11 and 12 require safety modification to the pond to remove hazards and to make the space more usable. A Section 404 permit for modifications to the pond has been approved by the USACOE. Staff has verified by personal contact with the USACOE that they will consider modifications to the permit to accommodate City concerns. The proposed park area has less than 100% street frontage as required. There is an alternative provision in the code to provide Iess than 100% if certain improvements are made within the park. The applicant has proposed to provide a pavilion structure to comply with the alternative option. Condition 15 identifies this and will require compliance before filing of phase 3. As there are private properties adjacent to the park the character of that boundary is important. Condition 16 requires coordination for the areas along parks and common open space areas. This provides for more consistent ability to install and maintain the fence and provides a more pleasant appearance to the public spaces. The condition does not mandate a particular style of fencing. Two trails are planned for the subdivision. One trail is located west of Baxter Ditch and connects to the trail system in Flanders Creek subdivision. The other trail is located on the east side of Baxter Creek and is proposed to connect from Oak Street south to Annie Street along the east side of the existing pond. Seven private common open space corridors are planned for the subdivision to connect park areas and trails as well as to offset the 400-foot maximum block length. As noted in Condition 18, staff recommends that private common open space 1 and 2 be moved south one lot to better connect the Class II trail. Conditions 20-24 address the property owner's association documentation. In order to have clarity of responsibility, equity of assessed costs, adequate provision of maintenance to public P-14023 Findings of Fact for the Boulder Creek Subdivision Page 27 of 36 parks and private open spaces, and to avoid future conflicts the City is requiring that the owner's association for all phases be established with the initial final plat. The association can be structured such that proportional contribution to costs is made as each phase is constructed and receives final plat. The City has experienced several failed multi-phase subdivisions which had inadequate owner's association structure. To avoid possibility of similar associated problems the City is requiring a more proactive approach with this development. 4) The effect on the Natural environment With exception to the Baxter Creek water course, Baxter ditch, the existing pond and associated wetlands, no significant physical or topographical features have been identified (i.e., outcroppings, geological formations, steep slopes). Any mitigation and enhancement of wetlands will occur only with the approval of 310 and/or 404 Permits from the Gallatin County Conservation District and Army Corp of Engineers. A 404 permit was issued to Laurel Glen Phases 3 & 4, which was never developed (now Westbrook and Boulder Creek after sold to current owner) in 2008. The applicant applied for a new 310 permit, which was issued in December 2013 and was granted a modification and extension of the 404 permit also in December 2013. Groundwater quality will be protected by the installation of municipal sanitary sewer services and appropriate measures are proposed by the developer with residential construction. Provisions have been discussed in the applicant's submittal to address the control of noxious weeds and maintenance of common open space areas, and will be further addressed with the protective covenants and compliance with the recommended conditions of approval. New plantings will be placed in the Baxter Creek watercourse. Condition 17 requires that the watercourse plantings occur according to the Park Master Plan. Condition 38 provides notice to future buyers of the presence of the high groundwater. 5) The effect on Wildlife and wildlife habitat According to the Montana Department of Fish, Wildlife and Parks (FWP), stream stabilization and fish habitat preservation are the main concerns. Beyond these concerns, FWP has not identified any known endangered species or critical game ranges on the site. Other species such as white-tailed deer, pheasants, foxes and ground squirrels might be present and displaced, but these are not population-level concerns. The first concern is related to the avoidance of impacts to fish and to surface waters via pollution from homes, utilities and infrastructure, etc., including avoidance of disturbance of riparian and wetland vegetation. The second is a concern regarding preventing localized stream disturbances during construction. FWP prefers the installation of bridges in lieu of culverts for crossings. Three stream crossings are proposed: the installation of Annie and Oak Streets and Sherwood Way. The installation of a bridge on a public street involves the Gallatin County Road and Bridge Department. All local street bridges, even within the City, are under the County's jurisdiction. If the Commission wishes to have a bridge rather than a culvert as proposed by the P-14023 Findings of Factfor the Boulder Creek Subdivision Page 28 of 36 developer, a specific condition of approval should be applied to the project. The applicants have begun the necessary permitting process to receive approval for installation of culverts. The City Commission approved the use of culverts in the Westbrook subdivision to the south. 6) The effect on Public health and safety The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The subdivision has been reviewed by the DRC which has determined that it is in general compliance with the title. Any other conditions deemed necessary to ensure compliance have been noted throughout this staff report. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, M.C.A. and as a result, the DRC has reviewed this application against the listed criteria and further provides the following summary for submittal materials and requirements. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on June 18, 2014 and comments transmitted on June 22, 2014. With the pre-application plan review application, no waivers were requested by the applicant from Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements". Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC. 38.41.060.A.1 Surface Water Baxter Creek is an existing surface water on the property. The Montana FWP designate the Baxter Creek and Baxter Ditch as streams and ditches with associated wetlands. As a result, any activity within the identified watercourse and/or wetlands area will require applicable Section 310 and 404 Permits, which have been obtained by the applicant. The Department commented on this development noting the subdivision should have negligible effects to wildlife and wildlife habitat, but identified measures for future development to protect raptor nesting and perching stands in the area. The Department emphasized concerns with avoiding the disturbance of existing riparian or wetland vegetation, pollutants from storm water runoff, and localized stream disturbances during construction 38.41.060.A.2 Floodplains The subject property is located in panel 30031C0803D, which is a non-printed panel, as a "No Special Flood Hazard Area"per FEMA. However,these areas sometimes are not mapped or studied to any great detail. As Baxter Creek flows through this property, a floodplain analysis was performed by Allied Engineering and approved by the City of Bozeman Engineering Department for all phases of Boulder Creek Subdivision. A floodplain delineation with lot layout was provided with the application that depicts that no lots are located in the 100-year designated areas. 38.41.060.A.3 Groundwater Soils reports and information from the Natural Resources Conservation Service were utilized to P-14023 Findings of Fact for the Boulder Creek Subdivision Page 29 of 36 determine and confirm the seasonal water depths on the site. Approximately half of the site contains soils that typically have high water tables extending within one to four feet of the surface. The other half are covered with soils that have estimated high groundwater tables of at least six feet or below. A geo-technical report presents detailed recommendations for site development in shallow groundwater environments. Condition 38 requires an advisory note regarding the presence of high groundwater. 38.41.060.A.4 Geology, Soils and Slopes The subject property is characterized as flat sloping topography (1.0% to 1.5%), upland terrain and shallow gravelly soils and thus no geologic hazards or great slopes. Approximately 50 percent of the site contains soils that typically have high water tables extending within one to four feet of the ground surface (soil types 448AHyalite-Beaverton complex, moderately wet, 0 to 2 percent slopes; 457A—Turner loam, moderately wet, 0 to 2 percent slopes, 511A—Fairway silt loam, 537A Lamoose silt loam, 0 to 2 percent slopes, 50913—Enbar loam, 0 to 4 percent slopes, and 51013 Meadow creek loam). The remaining 50 percent of the site's soils have estimated high groundwater tables of at least six feet or below(soils types 748AHyalite- Beaverton complex, 0 to 4 percent slopes and 453B—Amsterdam-Quagle silt loams, 0 to 4 percent slopes). The Building Division will require a soil analysis to be provided with each application for a building permit within the proposed subdivision. 38.41.060.A.5 Vegetation Two critical plant species were identified by the Montana Natural Heritage Program as being located within the Section, Township and Range. According to the applicant, any occurrences of these species will not be disturbed during development activities. A noxious weed management plan has been approved by Gallatin County. 38.41.060.A.6 Wildlife Vaughn Environmental Services conducted a field investigation that revealed little or no wildlife signs on areas of the property near the Baxter Ditch or the depressional wetland. Similar observations were noted in the area around Baxter Creek. However, as noted earlier in this report, the Montana FWP has concerns regarding fish and riparian areas. It is anticipated that the addition of woody plant materials with the required watercourse plantings will improve habitat for small animals and birds. 38.41.060.A.7 Historical Features The Montana Historical Society has indicated no historical structures exist on site. Any structure over 50 years old is eligible for listing on the National Register of Historic Places. A cultural resources inventory will not be conducted unless historic structures are discovered during construction. 38.41.060.A.8 Agriculture P-14023 Findings of Factfor the Boulder Creek Subdivision Page 30 of 36 Due to fractured ownership of the surrounding properties and encroaching development, the site is no longer considered a viable farming unit. See also discussion above under the primary review criteria. 38.41.060.A.9 Agricultural Water User Facilities Baxter Creek originates less than 3 miles south of the subject property in Section 22, Township 2 South, Range 5 East and flows approximately 1 mile north where it is intercepted by Farmers Canal. Baxter Creek flows again downstream of ponds located near the intersection of Huffine Lane and Cottonwood Road in Section 16, Township 2 South, Range 5 East and is supplemented by irrigation water from Farmers Canal. Baxter Creek continues northward through the subject property and eventually discharges to Hyalite Creek approximately 5 miles north in Section 8, Township 1 South, Range 5 East. Baxter Creek carries water for private water rights users and shareholders of the Farmers Canal Company. Downstream water users include irrigation, stock water, recreation, commercial, fish and wildlife. Baxter Creek, as a natural occurring watercourse, even supplemented with water for irrigation conveyance, remains under the jurisdiction of the Army Corps of Engineers and the Gallatin Conservation District. Necessary permits for stream crossings have been applied for and must be obtained before beginning any modification to the stream. Easements will be provided to provide for maintenance access. 38.41.060.A.10 Water and Sewer The applicant has provided the necessary water and sewer design report for review by the Water/Sewer and Engineering Departments. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of preliminary and final plat review. Approval by the Engineering Department, Superintendent of Water/Sewer, and Montana Department of Environmental Quality is required. The existing Laurel Glen area is served with a single water main. This is public safety concern as there could be a deficiency of water if the main needed to be shut down for maintenance. The subdivision will add two water main connections in the Oak Street and Annie Street alignments. These will improve reliability of water supply in the area. In order to correct the present deficiency and prevent it from becoming worse with additional development, Condition 42 requires the water mains to be connected with the initial phase of development. 38.41.060.A.11 Stormwater Management Stormwater from the subdivision will be conveyed to multiple stormwater detention/retention ponds on site, which are depicted on the submitted drainage plan. Completion of the stormwater plan and issuance of a stormwater permit before disturbance of any soil is required by ordinance and Code Requirement F and G. Condition 36 stipulates the existing retention pond must meet slope requirements as outlined in City Codes so that banks steeper than allowed must be modified to comply with standards. 38.41.060.A.12 Streets, Roads and Alleys P-14023 Findings of Fact for the Boulder Creek Subdivision Page 31 of 36 The proposed subdivision is bound by Annie Street (local)to the south, Laurel Parkway (collector) to the west and Oak Street (arterial)to the north and Flanders Creek subdivision to the east. City standard sidewalks will be installed and will specifically connect Oak Street sidewalk endpoints. This subdivision will construct Annie Street to the same specifications as the segment of Annie Street in Laurel Glen and Westbrook. All local streets will be constructed to city standards. The sidewalks are an important missing link between two existing subdivisions and the students traveling to the school. Mailboxes, which are frequently integrated within the street right of way, must be coordinated per Condition 42 to avoid placement which may conflict with engineering design standards. 38.41.060.A.13 Utilities The gas, electric, phone and fiber optic services will be extended into the subdivision from the surrounding streets. The standard utility easements have been provided with the preliminary plat. Cited code provisions also address required utility easements. All utilities will be required to coordinate their installation and location with the installation of the infrastructure. 38.41.060.A.14 Educational Facilities The Bozeman School District's review comments indicate that the proposed development would generate 25 Pre-K through 5'h grade students, 11 6°i through 8`' grade students and 15 9°' through 12`h grade students. These students could be accommodated in Meadowlark Elementary, Chief Joseph Middle and Bozeman High Schools respectively, and that the existing bus service is adequate to serve these students. Infrastructure, such as sidewalks, will provide a Safe Route to School pathway for students to safely traverse the developed and existing roadways. 38.41.060.A.15 Land Use The 63 lot subdivision is planned for single-household (59 lots) and multi-household residences (4 lot). The portion of the property proposed for the single-household lots is zoned R-2,which is consistent with the uses allowed in those zoning districts. The portion of the property proposed for the multi-household lot is zoned R-4 to facilitate higher density development. 38.41.060.A.16 Parks and Recreation Facilities The applicant submitted a park master plan for the subdivision. The proposed parkland area is located in the northwest corner of the property and is 2.9269 acres in size. The plan includes a public access trail which connects the multi-household lots to the existing trail in Flanders Creek. Another public access trail is located east of Baxter Creek that will be connected to the public access trail through the proposed public park 1 and eventually to the Westbrook subdivision via sidewalks. 38.41.060.A.17 Neighborhood Center Plan Between this subdivision and the proposed adjacent Westbrook subdivision, the applicant has provided two public park spaces to serve as the neighborhood center this subdivision. Public Park 2 will receive a pavilion to serve as a neighborhood center amenity. The location is P-14023 Findings of Factfor the Boulder Creek Subdivision Page 32 of 36 adequate to meet the required standards. 38.41.060.A.18 Lighting Plan The applicant's proposed lighting plan is provided in Appendix I of the preliminary plat submittal materials. Street lights are proposed at the intersections of arterial streets; however, Condition 33 states an additional street light may be needed at the northern intersection of Samantha Lane and Abigail Lane. The City of Bozeman Public Works Department will approve final lighting plan with LED bulbs. A Street Light Improvements District (SLID) will be created in cooperation with Northwestern Energy and the City of Bozeman for financing installation, maintenance and electrical costs. To coordinate the practical administration of the district and ensure it is created in a timely manner Conditions 34 and 35 address timing and scope of the district. See also the discussion under the primary review criteria above. 38.41.060.A.19 Miscellaneous Supplemental information waived by the DRC. The subdivision will not impact access to any public lands and there are no identified hazards in proximity to the subject property. The pond is the subject of Conditions 11-12. 38.41.060.A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article 10.08, BMC, has been suspended by the City Commission. SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A) PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in this findings of fact was conducted. The applicant presented to the City a proposed preliminary plat for a major subdivision of 35.34 acres into 59 single-household residential lots (R-2), 4 multi-household lots (R-4), streets, 2 public parks, private common open space corridors, Class II trails and related site improvements. There is a phasing plan for subdivision development and park improvements The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied. B) It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, Article 33, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal P-14023 Findings of Fact for the Boulder Creek Subdivision Page 33 of 36 Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. C) The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report,justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. D) This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for three (3)years from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant individual extensions to its approval by the Community Development Director for a period of not more than two years, or for more than two years by the City Commission. DATED this, day of , 2014. BOZEMAN CITY COMMISSION r J F K. KRAUSS o Or# IV ATTEST:' P44,023,F,indings of Fact for the Boulder Creek Suhdivision Page 34 of 36 D. jt.. ¢SI!. , CMC . ti ,14LATIN Go APPROVED AS TO FORM: GRE ULLIVAN City Attorney APPENDIX ADVISORY CODE CITATIONS The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. It is the duty of the applicant to submit plans and other materials which conform to all standards. Submittal of inaccurate or incomplete materials may delay review of the application or prohibit its approval. APPENDIX B —PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential Two-Household Medium Density District), R-4 (Residential High Density District), and PLI (Public Lands and Institutions). The intent of the R- 2 residential two-household medium density district is to provide for one- and two-household residential development at urban densities within the city in areas that present few or no development constraints, and for community facilities to serve such development while respecting the residential quality and nature of the area. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. This will provide for a variety of compatible housing types to serve the varying needs of the community's residents. Although some office use is permitted, it shall remain as a secondary use to residential development. Secondary status shall be as measured by percentage of total building area. Pursuant to Section 38.08.080, BMC, minimum net densities in the R-2 District is five dwellings per net acre, while R-4 has a minimum density of 8 dwellings per net acre. A minimum is P-14023 Findings of Factfor the Boulder Creek Subdivision Page 35 of 36 required to support efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this chapter and the adopted growth policy. The calculated density for this project is approximately 5 units per net acre for the single-household lots. The proposed density for the multi-household lot has yet to be determined but a minimum of 8 dwellings per net acre is required. Adopted Growth Policy Designation: The property is designated as"Residential" in the Bozeman Community Plan. The Plan indicates that"This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development." The dwelling unit density expected within this classification varies between 5 and 32 dwellings per net acre. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses and steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. APPENDIX C—DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description Subdivision plat for the Bounder Creek major subdivision to subdivide 35.34 acres into 59 single-household residential lots (R-2), 4 multi-household lots (R-4), streets, 2 public parks, private common open space corridors, Class II trails and related site improvements. The project is located north of Annie Street, east of Laurel Parkway, south of Oak Street and west of Flanders Creek subdivision. Baxter Creek and Baxter Ditch are located on the property with Baxter Creek near the western portion and Baxter Ditch near the eastern portion. Project Background The subject property was originally platted as part of the Laurel Glen Subdivision, Phases 3 & 4, in 2008 for potential residential construction but was never constructed. A preliminary plat application was submitted on December 20, 2013 and was deemed incomplete on December 30, 2013. The applicant re-submitted on February 5, 2014, which was deemed acceptable for initial review on February 12, 2014. A zone map amendment was processed to better align the zoning boundaries to the proposed uses. The final adoption of that amendment was approved on June 23, 2014.. The preliminary plat was resubmitted on April 22, 2014 and was deemed acceptable for review on May 16, 2014. P-14023 Findings of Factfor the Boulder Creek Subdivision Page 36 of 36 APPENDIX D —NOTICING AND PUBLIC COMMENT The application was reviewed by the DRC on May 28, June 4 and June 18, 2014 and the DRC provided a favorable recommendation on the application to the Planning Board and City Commission. Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, June 8, 2014. The site was posted with a public notice on June 6, 2014. Public notice was sent to adjacent property owners via certified mail, and to all other property owners of record within 200 feet of the subject property via first class mail, on June 6, 2014. One public comment was received regarding the development of the R-4 area of the subdivision. As the R-4 district pre-existed the subdivision no actions were taken on the comment. APPENDIX E — OWNER INFORMATIONAND REVIEWING STAFF Owner: Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718 Applicant: Four Corners Construction, LLC, 125 Central Ave., Bozeman, MT 59718 Representative: C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT 59718 Report By: Chris Saunders, Policy and Planning Manager