HomeMy WebLinkAbout14- Southbridge Major Subdivision; P14010 Return to:
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PO Boa 1230
Bozeman MT 59771-1230 EEEE�
2500652
Page: 1 of 37 12/31/2014 09 35:07 AM Fee $259,00
Charlotte Mills - Gallatin County, MT MISC
1 IIIIIII IIIIII III III11 IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIII IIII
Bozeman City Commission Findings of Fact and Order for the Southbridge
Major Subdivision; P14010
Public Hearing Date: City Commission meeting is on June 23 and July 7, 2014
Project Description: A preliminary plat for a major subdivision to subdivide 24.255 acres into
69 (previous approval was for 75 lots) single-household residential lots, five (5) Open
Space Iots, one (1) Park, and with the remaining area as street right of ways.
Project Location: The property is generally located southeast of the intersection of West Graf
Street and 19°i Avenue South. It is legally described as Lot 1 and apportion of Lot 2 of
the Amended Plat of Southbridge Phase II Subdivision situated in the Southeast One-
Quarter (SE `14) of Section 23, Township Two South (T2S), Range Five East (R5E),
PM.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motions: 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 P14010 and move to approve the Southbridge Major
Subdivision with conditions and subject to all applicable code provisions.
Staff Contact: Tom Rogers, Associate Planner
Dustin Johnson, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
PROJECT SUMMARY
The property owner Shady Lane Ranch, LP, 4399 S 29"' Avenue, Bozeman, MT 59718,
Applicant Holyoke II1, Inc., 9030 N Hess Street #363, Hayden, ID 83835, represented by
Madison Engineering, Inc., 895 Technology Blvd., Suite 203, Bozeman, MT 59718 submitted an
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 2 of 34
application to subdivide 24.255 acres into 69 residential single-household lots, five (5) Open
Space lots, one (1) Park, and with the remaining area as street right of ways.
Southbridge Phase II (formally Meadow Creek Phase II) is partially developed. Three phases of
Southbridge Phase II have been platted with a third currently being contemplated (Phase III).
This phase "Southbridge" is the fourth phase. Southbridge Phase I, Phase IA, and Phase 2
anticipated that Miller Park would serve as the Neighborhood Center. However, in order to
permit platting of these phases an "Interim Park" was dedicated through the use of an easement
with proposed parkland improvements to meet minimum parkland requirements with
Southbridge Phase I Final Plat (Document No. 245200). The Applicant is requesting to reduce
the size of the Interim Park which includes 1.32 acres, retain and develop the remaining park
area and convert that area into a permanent park for the residents of Southbridge. The excess
parkland dedication provided with this phase of Southbridge is intended to offset the reduction of
the Interim Park area.
Parkland for Southbridge will be provided by the dedication of a 2.556 acre park. No cash in
lieu is proposed or required for this subdivision. The proposed park plan has been reviewed by
the Recreation and Parks Advisory Board (RPAB). Additional discussion can be found under
Section 6 below and the RPAB summary is attached to this report. The Applicant requests the
excess parkland dedication be set aside for park and recreational uses sufficient to meet the needs
of the persons who will ultimately reside in the subdivision as allowed by Section 38.27.100,
BMC.
May 6, 2014 Planning Board Meeting Supplement
Please note the following Planning Board discussion considers the original subdivision Plat the
Commission reviewed and approved on May 19, 2014. The modified Plat was not reviewed by
the Planning Board. The original plan included a request for cash in-lieu of parkland which the
Commission did not accept requiring a modification of the original Plat to meet the UDC. The
modified plat in response to the conditions of approval by the Commission is what is being
reviewed in this report and shown on the attached Preliminary Plat.
The Planning Board held a public hearing on this preliminary plat on May 6, 2014. No public
comment was received at the public hearing. However, substantial discussion ensued regarding
the unresolved issues listed above. The primary focus of the discussion focused on the provision
of a neighborhood center and whether or not cash in-lieu of parkland adequately provides for
needed recreational facilities for future residents.
Due to the review schedule the official meeting minutes are not available at this time. The
following discussion is a brief synopsis of the Board's discussion:
■ The Planning Board considered the Recreation and Parks Advisory Board (RPAB)
recommended approval of the proposed plan. However, the Board noted that the RPAB
summary includes concerns about inadequate park land and that Miller Park has not been
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 3 of 34
dedicated and may never be dedicated as it is under different ownership. The RPAB
comments are attached to this report.
■ The Board inquired about how much surplus parkland was dedicated with Meadow Creek
Phase I and whether or not that surplus may be applied to Southbridge Phase II. Staff's
analysis shows the original Meadow Creek park plan included 20.58 acres, exclusive of
wetlands. Total parkland and open space which includes wetlands totaled 49.15 acres. In
addition:
o Meadow Creek Phase I platted 155 lots and provided 11.809 acres of parkland
including Lerner,Ainsworth, and 3 "pocket"parks.
o Total parkland dedication requirements for Meadow Creek Phase I as amended is
12.03 acres (401 units at 0.03 acres per dwelling unit). This assumes 8 units per
acre for R-3 zoning maximum for multi-household (Section 38.27.020, BMC) lots
and a reduction in park requirements from the Amended Plat of Meadow Creek
Phase I, Blocks 5 and 9 (128 to 4) and Block 4 (19 to 10).
o Therefore, there is no excess parkland available to distribute to future phases of
Meadow Creek or Southbridge subdivisions.
■ The Board continued by commenting on cash in-lieu of parkland and suggested the
required amount of parkland would be equivalent to approximately 6 lots. An estimated
value of the cash in-lieu is $53,610.16.
■ Southbridge Phase I, IA, and Phase 2 were granted final plat approval based on parkland
area established by the temporary Interim Park which was created by an easement. The
Interim Park has bifurcated ownership and will be dissolved.
In conclusion the Planning Board moved to recommend approval of the Southbridge
Subdivision, and seconded. The motion was amended to strike any requirement for LED light
fixtures. The amendment moved and seconded and passed unanimously. Then the Board voted
(6:2) to recommend the City Commission approved the Southbridge Subdivision with conditions
and code provisions outlined in the staff report.
Next the Board moved to approve cash in-lieu of parklands dedication for the Southbridge
Subdivision, the motion was seconded. Discussion focused on the needs of the residents and
whether or not there is sufficient parkland to accommodate those needs with or without the non-
existent Miller Park. In conclusion the Board voted 5:3 to recommend the City Commission
accept cash in-lieu of parkland dedication.
If the Commission allows Southbridge to utilize parkland dedicated with Meadow Creek Phase I,
additional conditions of approval are required to insure that Southbridge pays into its equitable
fair share of ongoing park maintenance with the existing Meadow Creek Home Owners
Association and creates a mechanism to coordinate those activities. A condition addressing this
has been added to the Alternatives.
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 4 of 34
Southbridge Subdivision was granted adequacy on March 19, 2014. Pursuant to Section
38.03.040.A.5.a(4), BMC, the Commission has 80 working days to hold a public hearing for
subdivision with 50 or more lots. In this case, the public hearing must be held on or before July
11, 2014. The first public hearing was held on May 19, 2014; the Staff Report, submittal, and
related application materials are available here. At the Applicant's request a modification is
being made to the approved Preliminary Plat prior to final plat approval. The revised Plat is
being considered on June 23, 2014.
TABLE OF CONTENTS
PROJECTSUMMARY.................................................................................................................. 1
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2—REQUESTED VARIANCES ............................................................................... 12
SECTION 3 -RECOMMENDED CONDITIONS OF APPROVAL.......................................... 12
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 16
SECTION 5 -RECOMMENDATION AND ACTIONS............................................................. 16
SECTION 6 - STAFF ANALYSIS AND FINDINGS................................................................. 17
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 17
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 19
Preliminary Plat Supplements...........................................................................................22
SECTION 7-FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 30
APPENDIX A—ADVISORY CODE CITATIONS..................................................................... 32
APPENDIX B—PROJECT SITE ZONING AND GROWTH POLICY..................................... 32
APPENDIX C—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 33
APPENDIX D—NOTICING AND PUBLIC COMMENT......................................................... 33
APPENDIX E—OWNER INFORMATION AND REVIEWING STAFF................................. 34
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 5 of 34
SECTION I -MAP SERIES
t f
R=4 Southbridge MaSub
Prel. Plat - Subdivision
F VA
of 24.2 acres into 71
Single-Household lots
I�9 ` and 8 park/rec./open
space lots.
=`' SUBMITTED
2-19-14
�6's � f '� _ �a� :1:•�r�L13
4.
FA
--_
Vicinity Map showing adjacent zoning
Surrounding Zoning and Land Uses
North: Undeveloped land within Southbridge Phase 3 subdivision zoned R-3 (Residential
Medium Density District).
South: Unannexed agricultural lands zoned A-S (Agricultural Suburban Zoning).
East: Unannexed agricultural lands zoned A-S (Agricultural Suburban Zoning).
West: Undeveloped land within Meadow Creek subdivision zoned R-3 (Residential Medium
Density District).
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 6 of 34
Legend
i Parks
Community Plan Futurp—Land Use
Residential
Residential Emphasis ra Ix ed Use
Suburban Residential
Regional Commercial and Services
Community Core �\
Community Commercial bliced Use
Business Park blixed Use
Industrial
Public institutions 1 '
— Parks.open space and Recreational Lands
— Other Public Lands I
I
Golf Course
Present Rural
1 '
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— 1
Subject
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cty d EkIZ n Cepan-11 d ••
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Figure 3-1 Land Use Designation
�a=merrt Southbridge Subdivision
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Pa-e 7 of 34
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Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 10 of 34
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Figure 2: Modified Southbridge Plat with sufficient parkland dedication.
Findings of Fact & Order for the Southbridge Subdivision Modification P14010 Page 1 l of 34
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Figure 3:Revised Southbridge Park Plan Schematic showing response to Commission action to not accept cash-in-lieu of parkland
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 12 of 34
SECTION 2 —REQUESTED VARIANCES
No variances are requested as noted in the Executive Summary.
1) No variances are being requested.
SECTION 3 -RECOMMENDED CONDITIONS OFAPPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 and 24.183.1104 ARM) and shall be accompanied by
all required documents, including certification from the City Engineer that as-built
drawings for public improvements were received, a platting certificate, and all required
and corrected certificates. The Final Plat application shall include three (3) signed
reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two
(2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County
Clerk & Recorder's office has elected to continue the existing medium requirements of 2
mylars with a 1'/2" 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 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 in sufficient detail to direct the
reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. 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.
4. Phasing for the major subdivision shall be clearly delineated using phase letters, in-lieu of
numbers (i.e., Phase 2A, 2B, 2C and 21)).
5. The homeowner's association documents shall reference a 25-foot yard setback along
South 19`1' Avenue pursuant to Section 38.21.060.C.2, BMC.
6. The sidewalk on the west side of South 20°i Avenue north from Chipset Street to the
termination point of South 20"' Avenue Shall be constructed to a City standard six foot
width.
7. All park lands including linear parkways shall be titled "Public Park" on the final plat.
The open space shall be titled "Open Space, Public Access". Notes shall be included on
the plat describing ownership and maintenance responsibility for both the park and open
space areas.
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 13 of 34
8. Documentation of compliance with the parkland dedication requirements of Section
38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat, or other recordable document acceptable to the City of
Bozeman. This table shall include but not be limited to listing all dedicated parkland
requirements, parkland or parkland credits and areas not credited towards parkland (i.e.,
detention/retention areas, watercourse setbacks, wetlands, common open space, parking
facilities) and the total area of each. The applicant shall provide a minimum of 2.07 acres
of dedicated parkland or equivalent thereof with the major subdivision. This amount is
calculated based on 69 single household residential lots at 0.03 acres per dwelling of
dedicated parkland. The final plat, property owner's association documents (POA), and
park master plan may not include any reference to "dedicated" open space and Public
Park; rather if the areas designated as such on the preliminary plat are to be common
open space owned by the POA or a park owned by the POA, or a combination thereof the
plat, POA documents and park master plan must specifically designate them as common
open space owned by the POA, etc. unless the applicant intends to dedicate public
parkland within the subdivision.
9. The Final Park Plan(s) shall include:
a. Current and future site plan(s) for the entire property with the current plan
showing developer installed improvements and the future plan showing any
planned improvements not intended to be installed by the developer;
b. The location of watercourse setbacks, wetland delineation, and wetland fringe;
C. Park landscaping plan, prepared by a qualified landscape professional in
accordance with §38.41.100 for all parkland areas including linear parkways;
d. Trail design and construction showing compliance with adopted City standards
and trail classifications;
e. The requirement for a preconstruction meeting prior to any site work, including
boardwalks, bridges, and trails;
f. Appropriate sections from the "Design Guidelines for City of Bozeman Parks
g. Cost estimate and installation responsibility for all improvements;
h. A neighborhood gathering place (pavilion, community building, wetland
interpretation and viewing platforms, etc.) and playground equipment in the
Neighborhood Center in addition to the standard requirement for boulevard street
trees, irrigation, seeding, sidewalks, etc.
i. A notation that a building permit will be required for any structural improvements
including bridges, boardwalks, and shelter structures.
j. Parking area, design and construction drawings showing compliance with adopted
City standards including ADA parking and signage.
10. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes
plans and specifications to fence the perimeter of the project shall be provided for review
and approval prior to final plat approval. Fences located in the front, side or rear yard
setback of properties adjacent to any park or open space shall not exceed a maximum
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 14 of 34
height of 4 feet, and shall be of an open construction designed in a manner to be
consistent along all park land and open space areas. This requirement with appropriate
exhibits of fence types shall be addressed and illustrated in the home owner's association
documents.
11. Buildings constructed on lots fronting along South 19"' Avenue shall either front onto the
roadway and/or have double-front architectural features facing the roadway as found on
the front of the dwellings units, for example; end gables, covered porches, varied roof
lines, multiple fagade materials, varied fagade plane, and decorative lighting. These
architectural requirements shall be addressed and demonstrated in the homeowner's
covenants/development guidelines. The homeowner's association documents shall also
specify that a maximum 4' tall fence, with coordinated design detail, is permitted along
the back of these lots.
12. Trees may not be located within 10 feet of sewer and water services. Sewer and water
services shall be shown on the landscaping plan of the park and open space plan, and
approved by the Water/Sewer Superintendent.
13. Street lighting, including pathway intersection lighting, shall be installed by the
subdivider. Light locations and specifications shall be provided to the City Engineer for
review and approval with the public improvements plans and specifications. All street
light poles shall be installed a minimum of 10' from any water or sewer main or
appurtenance.
14. The subdivider shall provide the necessary declaration and recitals creating the property
owner's association bylaws and/or declaration of covenants, conditions and restrictions as
being part of the existing Southbridge Subdivision property owners association. Any cost
sharing agreements for maintenance shall be included with the final plat.
IS. The final plat shall contain the following notation on its face or in a document to be
recorded with the final plat: "Ownership of all common open space areas and trails, and
responsibility of maintenance thereof and for city assessments levied on the common
open space lands shall be that of the property owner's association. Maintenance
responsibility shall include, in addition to the common open space and trails, all
vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets and as adjacent to
public parks or other common open space areas. All areas within the subdivision that are
designated herein as common open space including trails are for the use and enjoyment
by residents of the development and the general public. The property owner's association
shall be responsible for levying annual assessments to provide for the maintenance,
repair, and upkeep of all common open space areas and trails. At the same time of
recording the final plat for each phase of the subdivision the subdivider shall transfer
ownership of all common open space areas within each phase to the property owner's
association created by the subdivider to maintain all common open space areas within
Southbridge Subdivision.
16. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and
correct location. Any rear or side yard utility easements not provided will require written
Findings of Fact c& Order for the Southbridge Subdivision Modification P14010 Page 15 of 34
confirmation from ALL utility companies providing service indicating that rear or side
yard easements are not needed.
17. A preconstruction meeting shall be held with the City Parks Department prior to any
parkland improvement construction. The applicant shall contact the Parks
Superintendent to schedule a meeting prior to any construction.
18. A one foot no access strip shall be recorded on the final plat restricting vehicle access for
any lots fronting onto South 19"' Avenue and Blackwood Road.
19. Street names must be approved by the City Engineer and Gallatin County road office
prior to final plat approval.
20. All streets contained within the subdivision shall be within dedicated public right of way
and built to city standards.
21. The location of mailboxes shall be coordinated with the City Engineering Department
prior to their installation.
22. Any existing water/sewer service lines or mains that will not be utilized with this
subdivision shall be properly abandoned with the direct coordination of the water/sewer
superintendent.
23. The existing residence located within this subdivision shall hook into municipal water
and sewer services upon their availability.
24. Any proposed re-alignment of public streets, water main, or sewer mains will require
infrastructure review and approval by the engineering department. All re-aligned public
infrastructure will require new easements in their new locations.
25. The developer shall make arrangements with the City Engineering Department to provide
addresses for all individual lots in the subdivision prior to the filing of the final plat.
26. A comprehensive lighting plan shall be submitted for all surrounding streets and
intersections.
27. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are
found during the two year warranty period. The City of Bozeman shall be named as dual
oblige on the bond.
28. The Applicant shall remove and properly abandon the fire hydrant located within the
vacated South 20"' Avenue ROW. The City shall retain possession of all related hydrant
apparatus.
29. The entire Park, Shady Lane Park, shown on Southbridge Plat shall be dedicated with the
initial phase granted final plat approval. Park area exceeds the minimum requirements by
0.486 acres. The excess parkland may be used at the discretion of the City Commission
to reduce parkland required with Southbridge Phase I Final Plat (Interim Park, Document
No. 24500).
30. The Applicant shall prepare the necessary materials to enable the City to re-convey the
South 20"' Avenue existing 60 foot public road and utility easement and the Applicant
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 16 of 34
shall provide a 40 foot water/sewer utility easement. All utility easements that will be
removed or relocated shall be formally released and reconveyed at the cost of the
applicant prior to final plat approval.
31. All weather access roads shall be provided to all manholes that are located outside a
street or parking area unless a relaxation it granted by the City Commission.
32. All unused water service lines shall be removed prior to final plat approval. Written
verification from the Water/Sewer Superintendant shall accompany the final plat
application.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
a. None have been identified at this time.
SECTION S - RECOMMENDA TION AND ACTIONS
The Development Review Committee (DRC) has reviewed the Preliminary Plat application on
March 12, 19, and April 2, 2014. The Applicant proposed changes to the submitted plan on
April 10, 2014 that required review by the DRC, therefore, the DRC held a fourth meeting on
April 16, 2014 to make their final decision. The DRC recommended conditional approval of the
preliminary plat application.
The DRC considered the revised subdivision Plat on June 4, 2014. The DRC recommended
conditional approval of the preliminary plat application with four (4) specific conditions to
address the abandonment of a part of South 20t" Avenue. Although the land has not received
final plat approval, earlier actions were taken to establish street and utility easement and
improvements.
The Recreation and Parks Advisory Board reviewed the proposed subdivision on March 21,
2014. Being aware of the storied history of the development they provided specific comment
and recommendations. The RPAB comment and recommendations are attached to this report.
Specific recommendations include:
• Given that the planning and infrastructure was already developed and approved before the
dissolution of Meadow Creek, it is unreasonable to hold Southbridge to the same park
dedication standards we would require of a startup subdivision. However, there will be many
families living there with a need for neighborhood parks.
• We never liked the design concept of the interim park but felt it was a necessary placeholder
until the Miller Park issue was resolved. As such, we think that cash-in-lieu is probably a
better value for the city than developing this ill-conceived interim park.
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 17 of 34
• We are generally supportive of the applicant's proposal of parkland and cash-in-lieu, but we
think there is a need for continuing the discussion re what will constitute their neighborhood
center and how to handle the lack of street frontage for the parkland that will be dedicated.
• We are supportive of the 6' bike/pedestrian sidewalk rather than a redundant parallel
sidewalk and trail.
The Recreation and Parks Advisory Board reviewed the revised subdivision on May 30, 2014.
The RPAB noted the enlarged park exceeds the dedication requirement, has more than 90%
street frontage, and includes a community center. It will provide substantially more active play
area. As a trade off, it reduces the size of the interim park by 1,800 ft`. Developing the interim
park to City standards will create a small but attractive landscaped lawn area in the northwest
corner of the subdivision. Finally, the downside of this is that the investment in labor and
equipment will be lost when the park is subdivided. Additionally, people who build homes
neighboring the park will feel bamboozled when their park is bulldozed for new homes. In
conclusion the RPAB found that the new park plan addresses the shortcomings of the prior plan
and should be approved.
The Planning Board held its public hearing on May 6, 2014. No public comment was received.
The Planning Board voted to recommend the preliminary plat and cash in-lieu for parkland
dedication for approval with the conditions and code provisions as noted in this staff report.
The City Commission held the public hearing on June 23, 2014 and continued it to July 7, 2014
to consider the preliminary plat and make a final decision on this revised layout for the
subdivision.
SECTION 6- STAFF 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. The 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 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 No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 18 of 34
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other
applicable review agencies, as well as any public testimony received on the matter, the Planning
Board shall forward a recommendation in a report to the City Commission who will make the
final decision on the applicant's request.
A preliminary plat application was submitted on February 19, 2014 and after the receipt of
additional information required by Title 38 of the Bozeman Municipal Code (BMC) on February
28, 2014 was deemed acceptable for initial review on March 5, 2014. The preliminary plat was
reviewed by the DRC on March 12, 19, April 2 and April 16, 2014. The DRC and Staff
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on March 19, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, April
20, 2014. The site was posted with a public notice on April 17, 2014. Public notice was sent to
physically adjacent property owners via certified mail, and to all other property owners of record
within 200 feet of the subject property via first class mail, on April 17, 2014. No comments have
been received as of the production date of this report.
Notice of the revised Preliminary Plat was placed in the Bozeman Daily Chronicle on Sunday,
June 8, 2014. The site was posted with a public notice on June 5, 2014. Public notice was sent
to physically adjacent property owners and all other property owners of record within 200 feet of
the subject property via first class mail, on June 5, 2014. Three comments have been received as
of the production date of this report. All comments are attached to this report.
On June 11, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission at the June 23, 2014 public hearing.
4) Compliance with Chapter 38,BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development it appears that not
all applicable regulations have been met. Pertinent code provisions and site specific
Findings of Fact& Order for the Southbridge Subdivision Modification PI40I0 Page 19 of 34
requirements are included in this report for City Commission consideration (unresolved issues)
which brings the proposed subdivision into compliance with all adopted codes.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to
Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development and has previously undergone
subdivision review and approval and has begun to be developed. Although the property has
historically been used for agricultural production those activities have ceased. In addition,
during the review and approval of the Meadow Creek major subdivision the effects on
agricultural were addressed and mitigated (File P05053). Therefore, this subdivision will not
have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
According to the Water Resources Survey, 1961, the area was served by the Middle Creek Ditch
with laterals terminating on the subject property. Currently the subject property is designated as
a residential area according to the City of Bozeman Community Plan; the area is zoned for
residential development, has previously undergone subdivision review and approval, and has
begun to develop. Therefore, the proposed subdivision will have minimal impacts on
agricultural water user facilities. Water rights have been separated from the property and
therefore no further use of the agricultural water user facilities will occur. The abandoned laterals
will be filled during the on-site construction of new homes and infrastructure.
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 20 of 34
3) The effect on Local services
Water/Sewer — Municipal water and sewer mains have been installed in anticipation of
development in the adjacent street right-of-ways. Each lot will connect to the constructed water
and sewer mains designed to the appropriate design standard shall be located in the standard
location as approved by the water/sewer superintendent.
The water and sewer mains located in South 23`d Avenue easement will be relocated to be
entirely within the property boundary of the proposed subdivision. The original Meadow Creek
subdivision showed South 23rd Avenue to cross onto the adjacent property to the west. As
shown on the Southbridge plat the entire South 23rd Avenue 60 foot right of way is located
within the Southbridge property boundary. Therefore, the existing water and sewer line will be
severed and a parallel system will be installed at the developer's expense. Specific conditions of
approval from the Engineering Department are of approval are discussed in the preliminary plat
supplements section under 3 8.41.060.A.10.
Existing water and sewer mains not being utilized after the conversion from residential lots to
parkland will be abandoned Condition 32. The access and utility easement will be re-conveyed
by the City for the South 20"' Avenue existing 60 foot public road easement. A new 40 foot
water/sewer utility easement will be provided in its place. (Condition 30)
Streets— With the construction of streets proposed to provide access to individual lots within the
subdivision the DRC has determined that the streets will have capacity to accommodate this
development. Following new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards with
curb, gutter, pavement, boulevard sidewalks and storm water facilities. The Transportation
Impact Study (TIS) update performed to assess the impacts the subdivision will have on the
transportation networked suggested it is unlikely that there would be any identifiable traffic
impacts associated with subdivision traffic and the key intersections surrounding the site.
Police/Fire — The property is located within the City's Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat.
Parklands - The Applicant proposed parkland dedication to exceed minimum parkland standards
under Section 38.27, BMC. The proposed subdivision includes 69 single-household lots
requiring 2.07 acres of parkland dedication. One (1) park is shown on the face of the plat
totaling 2.556 acres exceeding the required dedication.
The proposed park area exceeds the minimum requirements by 0.486 acres. The parkland will
be dedicated to the City and is within the park service area. As such, the amount of parkland
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 21 of 34
exceeds the requirements and therefore may be eligible for reciprocally reducing the Interim
Park required for previously subdivided, Section 38.27.100.4, BMC. No final action on an
amendment to Southbridge 1, IA, II and III park requirements should be taken at this time. Staff
has included Condition 29 to memorialize the intent of the Developer.
In order to meet the standards found in Section 38.27, BMC a Park Master Plan was developed
for the Southbridge subdivision and is included with the applicant submittal.
The Recreation and Parks Advisory Board subdivision reviewed the proposed on March 21,
2014. The RPAB is generally supportive of the applicant's proposal of parkland and cash-in-
lieu. However, the Board noted there is a need for continued discussion on what will constitute
their neighborhood center and how to handle the lack of street frontage for dedicated parkland.
Additional comments and mitigation were suggested; the complete RPAB comments are
attached to this report.
The RPAB noted the wedge shaped parks adjacent to the open space are an extension of those
open spaces and should be maintained by the HOA. The Board noted that it tends to be
inefficient for the City to accept and maintain small isolated park areas.
The Recreation and Parks Advisory Board subdivision reviewed the revised park plan on May
30, 2014. The RPAB found the revisions adequately addressed the deficiencies and concerns
found in the original plan. The RPAB recommended the City Commission approve the revised
plan. The recommendation includes reducing the size of the Interim Park and dedicating the
remaining area to parkland and making the improvements as described in the Southbridge Park
Plan as described in the attached document from the Subdivider.
The Applicant requests the excess parkland dedication be set aside for park and recreational uses
sufficient to meet the needs of the persons who will ultimately reside in the subdivision as
allowed by Section 38.27.100, BMC.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
The subject property is within a previously subdivided area, Meadow Creek Subdivision and
underwent review for effects on wildlife and wildlife habitat. The subject property is designated
as a residential area according to the City of Bozeman Community Plan. The area is zoned for
residential development has previously undergone subdivision review and approval and has
begun to be developed. The impacts to the more important habitat areas were addressed and
mitigated during the review of the Meadow Creek Phase 1 subdivision. Sensitive habitat areas
Findings of Fact& Order for the Southbridge Subdivision Modification PI40I0 Page 22 of 34
are contained within the common open space surrounding the watercourse and provide a buffer
between any development activity and this area. Therefore, the subdivision will have minimal
impacts on wildlife and wildlife habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and
as a result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on December 11, 2013.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements" for several of the
standard preliminary plat supplements due to the nature of this previously platted/developed
property. The DRC granted a partial waiver to the supplemental information under 38.41.060,
BMC is granted with this pre-application plan review application for: 1) geology-soils-slopes, 2)
vegetation, 3) wildlife, 4) historical features, 5) agriculture, 6) agricultural water user facilities,
7) surface water, 8) floodplains, 9) workforce housing, and 10) groundwater.
Waivers to the supplemental information for the following are not granted: 1) water and sewer,
2) streets, roads and alleys, 3) storm water management, 4) utilities, 5) land use, 6) neighborhood
center plan, 7) lighting plan, and 8) parks and recreational facilities.
38.41.060.A.1 Surface Water
A waiver was granted for surface water supplementary information. Surface water was
addressed with the original Meadow Creek subdivision. No alterations to the original plan are
proposed. The water course shown in the Aerial Image map found in Section 1 of this report is
located within the common open space and provides an excess of buffer to meet all applicable
code provisions to watercourse protection.
38.41.060.A.2 Floodplains
A waiver was granted for floodplain supplementary information. Based on previous Hydraulic
Engineering Center River Analysis System (HEC-RAS) output results the 100-year flood flows
would be contained within the channels of the streams that border the development to the east
and the west. In addition, the Specific FEMA Panel of interest (0814D) is labeled "Panel Not
Printed — No Special Flood Hazard Areas". Therefore, there is minimal impact caused by
floodplains.
Findings of Fact& Orderfor the Southbridge Subdivision Modification P14010 Page 23 of 34
38.41.060.A.3 Groundwater
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process and may use the previous information submitted with
the Meadow Creek Subdivision. Extensive groundwater monitoring was performed for the
Meadow Creek subdivision in 2005 and again in 2010 showing a proclivity of high groundwater
in the area. Little change in the in groundwater levels from 2005 were recorded. The developer
is not proposing any changes to the original approval, therefore recommendations for depth of
crawl space and possible slab-on-grade foundations would remain in effect.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. The subject property has previous undergone
subdivision review. There are no known geologic hazards associated with the site. The
property is relatively flat minimizing geologic hazards.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property. Noxious weeds are being controlled by the required Noxious Weed
Management Plan. In addition, there are ongoing performance measures required with the Weed
Management Plan to insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
Supplement information waived by the DRC. This is a developing urban area. The primary
wildlife corridor is being preserved as common open space to protect the water course and
sensitive vegetative cover that is conducive to support wildlife. Therefore, the subdivision will
have minimal impacts on wildlife. The Parks Master Plan includes proposed plantings and
improvements in open space and park areas.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. According to
the Meadow Creek Phase 1 subdivision submittal there was no indication of any prehistoric or
historic cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. This is a developing area and all necessary ditch
easements are in place. In addition, there are no known agricultural water user facilities within
the boundaries of the subject property.
Findings of Fact& Orderfor the Southbridge Subdivision Modification P14010 Page 24 of 34
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system. Public infrastructure improvements adjacent to the property (roads, parks, water,
and sewer) have been constructed to City of Bozeman standards around the perimeter of the
property. Additional water and sewer lines will be constructed to serve each individual lot. The
City Engineering Department has reviewed the plans. City Engineering conditioned the
subdivision that all water and sewer service lines shall be located in the standard location as
approved by the water/sewer superintendent.
South 23`a Avenue will be realigned to be located entirely within the boundaries of the
Southbridge Subdivision. This realignment will require the abandonment of the existing
water/sewer infrastructure installed with the Meadow Creek subdivision. All necessary utilities
will be located entirely within the proposed right of way.
38.41.060.A.11 Stormwater Management
Stormwater improvements for the Southbridge subdivision were previously installed for Meadow
Creek subdivision, including piping, manholes, catch basins and detention facilities. Stormwater
facilities include surface and curb flow, pipe conveyance, and detention basins. The storm sewer
inlet and piping system was designed to handle a 25-year storm event. Placement and design of
the facilities will be approved by both the City Engineer's Office and Planning Office.
As noted above South 23`d Avenue will be realigned to be located entirely within the boundaries
of the Southbridge Subdivision. This realignment will require realigning the stormwater system
as well. The design improvements are included with the applicant submittal under tab K. All
necessary utilities will be located entirely within the proposed right of way.
38.41.060.A.12 Streets, Roads and Alleys
Vehicular and pedestrian circulation and lot access to Southbridge subdivision will be provided
by a standard 33' wide public street with curb-gutter and sidewalk on both sides. Public streets
will be in a 60' dedicated public right-of-way and will connect into the existing street system and
will be constructed to local City street standards. With the exception of the realigned South 23`d
Avenue and the alley between South 21" and 22"d Avenue excavation and base material were
installed with Meadow Creek subdivision improvements. Sixty foot roadway and utility
easements were granted to the City over all the roadways in the proposed subdivision. The
abandoned portion of South 20"' Avenue will be converted from the existing 60 foot public road
easement to a 40 foot water/sewer utility easement.
Sidewalks adjacent to parks on local street are required to be six (6') feet in width as noted in the
Greater Bozeman Area Transportation Plan, 2007 Update (Figure 9-13). In addition, the
Recreation and Parks Advisory Board recommended the sidewalk adjacent to South 20`" avenue
and the park/open space with public access be constructed to a six foot width rather than
requiring a fines trail within the common open space and a sidewalk adjacent to South 20"'
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 25 of 34
Avenue. Therefore, staff included Condition 6 to insure compliance with this design standard.
Condition 6 has been modified to accommodate the revised Preliminary Plat configuration.
A Traffic Impact Study (TIS) update was prepared for the original Southbridge subdivision and
submitted with the preliminary plat application. The analysis presented in the report indicates
the proposed development site-generated traffic can be adequately accommodated by the existing
roadway network adjacent to the site through the proposed build-out year of the development
(2017). As required the subdivider provided an updated TIS to assess the impacts the
subdivision will have on the transportation network. The findings suggested it is unlikely that
there would be any identifiable traffic impacts associated with subdivision traffic and the key
intersections surrounding the site (applicant submittal appendix I).
Blocks 9, 10, 11, and 12 exceed block length standards found in Section 38.23.040, BMC. The
block lengths are approximately 580 feet, 580 feet, 980 feet, the southern portion of Block 12
980 feet, and adjacent to 19"' Avenue 750 feet, respectively. In addition, no continuous length of
block shall exceed 600 feet without intersecting a street or pedestrian walk as specified under
Section 38.23.040.D, BMC. The subdivision design provides for adequate pedestrian rights-of-
way to allow block length to exceed the design standard as shown on the plat. The Development
Review Committee considered the proposed design and found the applicable design standards
are met and forwarded a recommendation of approval to the Commission.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide public utility easements along all front,
side and rear lot lines as required by Section 38.23.050, BMC.
However, in the event front and/or rear yard utility easements are used, side rear yard easements
must still be provided on the plat unless written confirmation is submitted to the Planning Office
from all utility companies and Director of Public Works indicating that front and rear yard 10-
foot wide easements are adequate to service said subdivision lots.
38.41.060.A.14 Educational Facilities
Impacts on educational facilities were addressed with the original Meadow Creek Subdivision.
An additional four (4) residential single-household lots are being proposed for this subdivision.
The potential additional student population will have minimal impacts on educational facilities.
38.41.060.A.15 Land Use
The 69 proposed lots comply with the existing zoning designation of R-3. The stated intent of
the subdivision is to provide for single-household lots although a number of parcels are of
sufficient size to accommodate duplexes.
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 26 of 34
38.41.060.A.16 Parks and Recreation Facilities
The Applicant proposed dedicating sufficient parkland to meet parkland standards for the
development. Based on the number of proposed lots (69) an equivalent of 2.07 acres of parkland
is required. In order to meet the standards found in Section 38.27, BMC the Park Master Plan
was altered to include the additional park being dedicated with the modified Preliminary PIat
application and to describe Neighborhood Center improvements. The Plan details the
improvements, maintenance and responsible parties for ongoing management of the properties.
One large park area abutting open space is shown on the face of the plat totaling 117,829 square
feet or 2.705 acres with an additional 2.25 acres of open space for a total of 4.955 acres.
Park Frontage
Pursuant to Section 38.27.060.A, BMC, park land, excluding linear trail corridors, shall have
frontage along 100 percent of its perimeter on public or private streets or roads. A total of 92.5
percent of the park land has public access. The city may consider and approve the installation of
streets along less than 100 percent, but not less than 50 percent, of the perimeter when certain
conditions are met. Section 38.27.060.A, BMC outlines what conditions allow less than 100
percent public access. In this case South 19°i Avenue has limited access restricting vehicular
circulation alternatives. Further, pedestrian access is provided from South 19"' Avenue to the
fines trail running the length of the park providing public access to the park. The RPAB
supported the design and park plan for the expanded park.
Recreation and Parks Advisory Board
The Recreation and Parks Advisory Board subdivision reviewed the original park plan on March
21, 2014. The RPAB is generally supportive of the applicant's proposal of parkland and cash-in-
lieu. However, the Board noted there is a need for continued discussion on what will constitute
their neighborhood center and how to handle the lack of street frontage for dedicated parkland.
Additional comments and mitigation were suggested.
The RPAD met on May 30, 2014 to evaluate the modified park plan. The RPAB found the
revisions adequately addressed the deficiencies and concerns found in the original plan. The
RPAB recommended the City Commission approve the revised plan as noted in Section 5 of this
report.
Findings of Fact& Order for the Southbricl;e Subdivision Modirication P14010 Page 27 of 34
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Findings of Fact& Order for the Southbrh4ge Subdivision Modification P14010 Page 28 of 34
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Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 29 of 34
38.41.060.A.17 Neighborhood Center Plan
Pursuant to Section 38.23.020.A, BMC to provide a neighborhood focal point, all residential
subdivisions or planned unit developments, that are ten net acres in size or greater, shall have a
neighborhood center. Southbridge includes 24.255 net acres of land. As noted earlier in this
report the original Meadow Creek subdivision contemplated Miller Park as the neighborhood
center. However, the dedication and improvements of Miller Park were not completed with the
Meadow Creek Phase I or the initial phases of Southbridge Phase Il.
The current design includes a Neighborhood Center with amenities meeting the standards under
Section 38.23.020.A, BMC.
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Figure 4: Location and general design of Neighborhood Center
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.13, BMC. The street
lighting plan will mimic the previously reviewed Southbridge Phase II Subdivision Light Plan to
provide lighting consistency with the adjoining subdivision. A lighting plan will need to be
submitted for review and approval prior to the contracting, creation of an S.I.L.D. and
installation of lights. The plan shall include a pole light detail with spacing based on high
pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light
detail for placement at pathway/street intersections. All street lights installed shall use LED light
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 30 of 34
heads lights, including bollard light, and shall conform to the City's requirement for cut-off
shields. However, the Applicant has requested the use of the existing light fixtures purchased
during the initial development of the subdivision.
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.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing, Section 10.08.030,
BMC, had 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 with
69 lots on 24.255 acres and associated open spaces, streets, and parks. The purposes of the
preliminary plat review were to consider all relevant evidence relating to public health,
safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against
the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat
should be approved, conditionally approved, or denied.
B. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
C. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report,justify the conditions imposed on this development
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
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 31 of 34
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
JEFF USS
May r
ATTEST:
A EN,.MC
-.C1tVCI'erk .`
CO APPROVED AS TO FORM:
GRE LLIVAN
City Attorney
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 32 of 34
APPENDIX A ADVISORY CODE CITATIONS
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law. It is the duty of the applicant
to submit plans and other materials which conform to all standards. Submittal of inaccurate or
incomplete materials may delay review of the application or prohibit its approval.
APPENDIX B —PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned "R-3" (Residential Medium Density District). 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.
Pursuant to Section 38.08.080, BMC, minimum net density in the R-3 District is five dwellings
per net acre. A minimum is required to support efficiency in use of land and provision of
municipal services, and to advance the purposes and goals of this chapter and the adopted growth
policy. The proposed subdivision will create 69 residential single-household lots onl1.939 net
aces for a density of 5.78 dwellings per net acre.
Adopted Growth Policy Designation:
The property is designated as "Residential" in the Bozeman Community Plan. The Plan
indicates that "This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development."
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per
net acre.
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 33 of 34
APPENDIX C—DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner Shady Lane Ranch, LP, applicant Holyoke III, Inc., and represented by
Madison Engineering, Inc., 895 Technology Blvd., Suite 203, Bozeman, MT 59718 submitted
application to subdivide 24.255 acres into 75 residential single-household lots, five (5) Open
Space lots, three (3) Park areas, and with the remaining area as street right of ways.
All water and sewer infrastructure has been installed. The location of the common open space is
designed to preserve and protect the existing watercourse and provide nature amenities for the
residences of the area.
Due to diverse ownership of the adjacent properties South 23`d Avenue will be relocated entirely
onto the subject property from its current location. This relocation necessitates severing water
and sewer connections and re-installing the infrastructure to be within the dedicated road right of
way.
Project Background
Southbridge Phase 11 (formally Meadow Creek Phase II) is partially developed. Three phases of
Southbridge Phase II have been platted with a third currently being contemplated (Phase 111).
This phase "Southbridge" is the fourth phase. Southbridge Phase I, Phase 1A, and Phase 2
anticipated that Miller Park would serve as the Neighborhood Center. However, in order to
permit platting of these phases an "Interim Park" was dedicated through the use of an easement
with proposed parkland improvements to meet minimum parkland requirements with
Southbridge Phase I Final Plat (Document No. 245200). The Applicant is requesting to dissolve
this easement and provide cash in-lieu of parkland for future development. This request will be a
part of the future Phase III Final Plat application. Please note that with the loss of the interim
park these initial phases of Southbridge Phase II do not have sufficient parkland dedicated to
meet minimum requirements.
Initially the developer intended to provide parkland for Southbridge by a combination of
parkland dedication and cash in-lieu of parkland. However, on May 19, 2014 the City
Commission considered the preliminary plat and park plan and voted to approve the preliminary
plat but did not accept the developers preferred alternative of cash in-lieu of parkland. The
Applicant responded by redesigning the approved preliminary plat to meet parkland dedication
requirements and establish excess dedicated parkland to facilitate the reduction of part of the
Interim Park associated with Southbridge Phase I and II.
The modified Plat was brought before the Development Review Committee and the Parks and
Recreation Committee for review and recommendation prior to the Commission considering the
revised plan.
APPENDIX D —NOTICING AND PUBLIC COMMENT
Findings of Fact& Order for the Southbridge Subdivision Modification P14010 Page 34 of 34
A subdivision pre-application was submitted on November 13, 2013. The pre-application was
reviewed by the DRC on November 27, December 4 and 11, 2013 and summary review
comments were forwarded to the applicant in preparation of the preliminary plat application and
granted numerous supplemental information waivers under 38.41.060, BMC.
A complete preliminary plat application was submitted on February 19, 2014 and deemed
acceptable for initial review after additional information was provided March 5, 2014. The
preliminary plat was reviewed by the DRC on March 12, 19, and April 2, 2014, On March 19,
2014 the DRC and Staff determined the submittal contained detailed, supporting information that
is sufficient to allow for the review of the proposed subdivision.
Public notice for original application was placed in the Bozeman Daily Chronicle on Sunday,
April 20, 2014. The site was posted with a public notice on April 21, 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 April 18, 2014. No comment has
been received.
On April 29, 2014 this subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Bozeman Planning Board and City Commission. The Planning Board held a hearing on May 6,
2014 to consider the application. The City Commission made their final decision at their May
19, 2014 public hearing and voted to approve the Preliminary Plat and not to accept cash in-lieu
of parkland dedication.
A revised draft Preliminary Plat was received on May 29, 2014. An updated certified list of
adjoiners was requested and provided on June 4, 2014. Notice of the revised Preliminary Plat
was placed in the Bozeman Daily Chronicle on Sunday, June 8, 2014. The site was posted with
a public notice on June 5, 2014. Public notice was sent to physically adjacent property owners
and all other property owners of record within 200 feet of the subject property via first class
mail, on June 5, 2014. Three comments have been received as of the production date of this
report. All comments are attached to this report.
On June 12, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the City
Commission on June 23, 2014 public hearing. Three comment letters were received.
APPENDIX E— OWNER INFORMATION AND REVIEWING STAFF
Owner: Shady Lane Ranch, LP, 4399 S 29"'Avenue, Bozeman, MT 59718
Applicant: Southbridge Development, LLC, 20 North Tracy, Bozeman, MT 59715
Representative: Madison Engineering, 895 Technology Blvd., Suite 203, Bozeman, MT 59718
Report By: Tom Rogers, AICP, Associate Planner
FINAL PLAT-CERTIFICATES
SOUTHBRIDGE SUBDIVISION PHASE 3
A SUBDMSION OF A PORTION OF LOT T OF THE AMENDED PLAT
OF SOUTHBRIDGE SUBDIVISION PHASE 2 LOCATED IN THE
SOUTHEAST ONE-QUARTER OF SECTION 23,TOWNSHIP 2 SOUTH,
RANGE 5 EAST,P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,
STATE OF MONTANA
THE PURPOSE OF THL4 SURVEY IS TO CREATEA 321OTSUBDMS*N
THIS SURVEY WAS PERFORMED FOR SWTIIORIDOE DEVELOPMENT—C.
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FINAL PLAT-BOUNOAFUES
SOUTHBRIDGE SUBDMSION PHASE 3
A SUBDIVISION OF A PORTION OF LOT I OF THE AMENDED PLAT
OF SOUTHBRIDGE SUBDMSNIN PHASE 2 LOCATED IN THE
SOUTHEAST ONE-QUARTER OF SECTION 23.TOWNSHIP 2 SOUTH,
RANGE 5 EAST,P.M.M.,CITY OF BOZEMAN,GALLATIN COUNTY,
STATE OF MONTANA
THE MRPOSE OFTHIB SURVEY 19 TO CREATE A 32-WT BUBO RM
TRIB SURVEY WAS PERFORMED FOR SOUTHBRIDDE DEVELOPMENT L.L.C.
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FINAL PLAT-CONDITIONS OF APPROVAL
SOUTHBRIDGE SUBDIVISION PHASE 3
A SUBDIVISION OF A PORTION OF LOT I OF THE AMENDED PLAT
OF SOUTHBRIDGE SUBDMSION PHASE 2 LOCATED IN THE
SOUTHEAST ONEQUARTER OF SECTION 23,TOWNSHIP 2 SOUTH,
RANGE 5 EAST,P.M,M.,CITY OF BOZEMAN,GALLATIN COUNTY,
STATE OF MONTANA
THE PURPOSE OFT%SURVEY IS TO CREATEASx-LOT SUBOMSION
1HIS SURVEY WAS PERFORMED FOR SOUTHSRIDDE DEVELOPMWt L.L.C.
NOTES
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