HomeMy WebLinkAboutC6 Traditions Findings of Fact Application P14026
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Traditions Major Subdivision Phase 2 & 3 Preliminary Plat
Findings of Fact and Order, P14026 MEETING DATE: March 2, 2015 AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Traditions Phase 2 & 3 Major Subdivision Preliminary Plat Application.
BACKGROUND: On February 2, 2015, the City Commission held a public hearing on an
application for preliminary plat approval for the Traditions Phase 2 & 3 Major Subdivision. The
Commission voted to grant a variance from block length standards (5:0), voted to amend Condition No. 33 to add “according to proportional costs” as reflected in the attached Findings of
Fact, voted to deny the requested variance from intersection level of service functioning
standards after amending Condition No. 33 (0:5), and concluded by unanimously approving the
subdivision as a whole (5:0). State law provides that the governing body shall “provide a written
statement to the applicant detailing the circumstances of the condition imposition.” The statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies
the condition imposition; and 3) information regarding the appeal process for the condition
imposition. To proceed with submitting a final plat application for the initial phase(s) of the
subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES: 1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: February 19, 2015
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Return to:
City of Bozeman
City Clerk PO Box 1230
Bozeman MT 59771-1230
BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER FOR
TRADITIONS MAJOR SUBDIVISION, PHASE 2 AND 3 PRELIMINARY
PLAT, P14042
Public Hearing Dates: Bozeman Planning Board on January 6, 2015
City Commission meeting on February 2, 2015
Item: Traditions Major Subdivision, Phase 2 & 3, Preliminary Plat for a major subdivision to
subdivide 21.38 acres into 22 single-household residential lots, five (5) multi-household
residential lots, two (2) Open Space lots, one (1) Park, and with the remaining area as
street right of ways with variances.
Project Location: The property is generally located northeast of the intersection of Annie Street
and Twin Lakes Avenue. It is legally described as a portion of Tract B, COS 2389
situated in the East One-Half (E ½) of the Southeast One-Quarter (SE ¼) of Section 4,
Township Two South (T2S), Range Five East (R5E), P.M.M., City of Bozeman, Gallatin
County, Montana.
Recommendation: Approval with conditions
Recommended Motions:
Variance One 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 and move to approve the variance from Section 38.24.060.B.4 to allow the
intersection of Cottonwood and Durston Roads to operate below a level of service of “C”
as depicted on page 10 of the traffic impact study in the submittal materials with the
applicable conditions set forth in the staff report.
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Variance Two 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 and move to approve the variance from Section 38.23.040 as presented in the
staff report and move to approve Block 1 to have a length in excess of 400 feet as
depicted on the preliminary plat in the submittal materials.
Main 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 P14042 and move to approve Traditions Phase 2 and 3 Major Subdivision
with conditions and subject to all applicable code provisions.
Staff Contact: Tom Rogers, AICP, Associate Planner
Bob Murray, P.E., Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
Staff is not supportive of the requested block length variance request. Discussion of the issue
can be found in Section 6 of this report.
Staff is not supportive of the requested intersection level of service variance request. Discussion
of the issue can be found in Section 6 of this report.
Project Summary
The property owner and Applicant Rosa Construction, Inc., 209 Black Bull Trail, Bozeman, MT
597188, represented by C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive,
Bozeman MT 59718 submitted an application to subdivide 21.38 acres into 22 single-household
residential lots, five (5) multi-family residential lots, two (2) Open Space lots, one (1) Park, and
with the remaining area as street right of ways.
The Traditions Subdivision (aka Rosa Subdivision), Phase 1-3 was reviewed and approved in
November of 2004 (P04041). Traditions park plan was designed in conjunction with the
neighboring property to the east, Flanders Creek subdivision to meet the needs of both
developments. The Baxter Ditch (stream/ditch) bisects the subject property starting in the
southeast corner of the property, adjacent to Flanders Creek Subdivision, to the northwest corner
of the property, adjacent to Laurel Glen Subdivision. Dennis Balian, the owner of Flanders
Creek Subdivision and John Rosa coordinated the development of their properties through street
layout, park placement and trail design.
Flanders Creek received final plat approval only Phase 1 of Traditions was completed. A one-
year extension was granted on October 15, 2007 extending the preliminary plat approval to
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November 1, 2008. Traditions Phase 1 was platted in February 2007. Traditions Phase 2 & 3
preliminary plat approval expired.
Traditions Phase 2&3 was re-submitted in accordance with the original approval in 2004.
However, a number of current codes and requirements were not met by the previous design
requiring modifications. Thos e modifications have been made and are shown on the preliminary
plat being considered. Specifically, the park plan, based on comments from Planning and the
Recreation and Parks Advisory Board (RPAB), was revised to meet current stands for size,
configuration, amenities, and neighborhood center requirements.
Two variances are requested by the Applicant. The current design for Block 1 of Traditions
subdivision is the same as the original which exceeds current standards for block length; Section
38.23.040, BMC Block Length to allow block length to exceed 400 feet. The original
application secured a variance from block length to allow this design. The same variance is
requested with this application. In addition, due to continued development in the area the
intersection of Durston and Cottonwood Roads function at less than level C at time of final plat
for some phases of the subdivision. A variance from Section 38.24.060.B.4, BMC Street
Improvement Standards to allow intersection level of service at Durston and Cottonwood Roads
to function at less than level C at time of final plat for some phases of the subdivision is
requested.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
January 6, 2015 Planning Board Meeting Supplement
The Planning Board held a public hearing on this preliminary plat on January 6, 2015. No public
comment was heard on the proposed subdivision. The following discussion is a brief synopsis of
the Board’s discussion:
A motion approve the intersection level of service variance request was made and seconded.
A motion to amend the main motion was made to modify Condition No. 33 and
seconded. The revised condition language stated, “The standard level of service at the
intersection of Cottonwood and Durston shall be mitigated or financially guaranteed to a
proportionate share of their impact per code prior to final plat approval prior to final plat
approval and the mitigation completed prior to issuance of a building permit unless a
variance is granted by the City Commission.” The amended motion passed 7:1.
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The Board requested that the condition of approval include a complete list of alternative
methods to meet the requirements of deficiencies of the intersection.
The Board commented that because the Traditions subdivision was the last one in they
are bearing the brunt of the intersection improvements.
In addition the Board noted that the City is aware of the constraints with this intersection
and therefore, ought to be more proactive in finding solutions.
In conclusion the Planning Board voted 3:5 to approve the variance with the amended
Condition No. 33. The motion failed.
A motion approve the block length variance request was made and seconded.
The Board examined the context of the subdivision and noted the adjacent property to the
east, Flanders Creek, had similar block configurations to what Traditions is proposing.
All surrounding streets include sidewalks and providing an additional pedestrian
connection through bock 1 would not measurably increase the distance traveled to get to
the park and open space.
In conclusion the Planning Board voted 7:1 to approve the variance. The motion passed.
A motion to approve the overall subdivision was made and seconded. In conclusion the Planning
Board voted (7:1) to recommend the City Commission approve the Traditions Phase 2 & 3
subdivision and recommended approval of ht requested block length variance request subject to
conditions, as amended, and code provisions outlined in the staff report. Draft minutes have not
been prepared at the time of publishing this report. The meeting can be viewed here starting at
time stamp 7:12:00.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 15
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 15
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 20
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 21
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 22
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 22
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 24
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Preliminary Plat Supplements ........................................................................................... 29
Subdivision Variance Review Criteria, Section 38.35.070, BMC .................................... 33
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 37
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 40
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 40
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 41
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 41
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 42
FISCAL EFFECTS ....................................................................................................................... 43
ATTACHMENTS ......................................................................................................................... 43
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
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Figure 1: Traditions Phase 2 & 3 Park Plan
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Figure 2: Parks plan with Neighborhood Center (original location, location modified)
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SECTION 2 – REQUESTED VARIANCES
Two subdivision variances are requested as noted in the Executive Summary.
1) Section 38.24.060.B.4, BMC Street Improvement Standards - Variance for intersection
level of service at Durston Rd and Cottonwood Road to be less than level C at time of
final plat for some phases of the subdivision. This is addressed under, Section 6,
subdivision variance 1.
2) Section 38.23.040, BMC Block Length – Variance for maximum block length to exceed
400 feet. This is addressed under, Section 6, subdivision variance 2.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. 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.
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. A Conditions and Notes sheet shall be included with each final plat.
4. The area of the subdivision not provided with all required municipal services and
infrastructure in a final plat shall be designated as “Lot R1” or another designation
mutually agreed upon and shall be subject to the following note recorded with the final plat
in the Gallatin County Clerk & Recorder as a separate document:
“Notice Is Hereby Given to all potential purchasers of Lot R1 of the plat of the
Traditions 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.
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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 R1 of the
Plat of the Traditions 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
development review.”
5. All common open spaces shall be clearly designated on the plat with sequential
incrementors such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified spaces.
6. Prior to final plat approval, in conjunction with required or offered dedications, the
subdivider (or owner of the property being subdivided if the owner is not the subdivider)
shall transfer ownership to the City of all dedicated parkland and any open space proposed
to be conveyed to the City and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of
the property shall submit with the application for final plat a warranty deed or other
instrument acceptable to the City Attorney transferring fee simple ownership to the City.
The subdivider or owner of the property must record the deed or instrument at the time of
recording of the final plat with the original of such deed returned to the City. For personal property installed upon dedicated parkland or City owned open space, the subdivider shall
provide the City an instrument acceptable to the City Attorney transferring all its rights,
title and interest in such improvements including all applicable warranties to such
improvements.
7. The final plat for each phase 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: Common Open Space parcels
designated with letters A, B, C, D, etc. 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
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standards, or have been financially guaranteed and are covered by the subdivision
improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
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: _____________________________
8. The public park area and private open spaces with public access used to satisfy parkland
dedication requirements of Article 38.27, BMC for all phases of the Traditions Phase 2 & 3
Subdivision shall be provided as a public park easement with the first final plat of the
Traditions Phase 2 & 3 Subdivision. The easement boundaries and area shall correspond with the approved park layout and park master plan.
9. The property owners 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 first
phase. Contribution to maintenance expenses may be proportionate to the number of lots platted.
10. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Traditions Property
Owners Association and binding property owners of future phases to contribute to the
maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Traditions Property Owners Association. The provisions
in the property owner’s association documents fulfilling this condition shall be considered
required by the City Commission pursuant to Section 38.38.030.A.5, BMC. The City may
release the Traditions Property Owners Association from the obligation to maintain parks
dedicated to the City at the City’s discretion.
11. 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 in each phase is required prior
to the final plat application of that phase in accordance with the requirements of Section
38.27.070 “Landscaping of Public Lands”. This includes the common open spaces providing pedestrian walks.
12. All Irrigation wells located within the exterior boundaries of the development shall include
Montana DNRC certificates shall be provided to the City with the final plat submittal. All
wells shall include a meter or other devise to determine consumption.
13. Fences located in the front, side or rear yard setback of properties adjacent to any park or publicly accessible open space 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 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
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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.
14. The final Park plan shall be revised to relocate the Neighborhood Center to Public Park 2,
Traditions Phase 1 Subdivision (Exhibit A - Neighborhood Center Location) and shall include sufficient amenities to meet requirements in Section 38.23.020, BMC. The
Neighborhood Center shall be completed prior to final plat approval of any phase of
Traditions Phase 2 & 3 Subdivision, or have been financially guaranteed and are covered
by a subdivision improvements agreement accompanying and recorded with this plat. The
Park plan update shall include a water consumption estimate.
15. A table shall be provided on the Conditions and Notes Sheet of the final plat showing the
amount of park area that has been provided for each parcel in each final plat.
16. The final Park Plan must be submitted, reviewed and approved the Recreation and Parks
Advisory Board and City Commission prior to submitting for Final Plat approval of the any
phase of the major subdivision. The calculated park areas shall be reduced to account for any spaces used for stormwater treatment.
17. All stormwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance.
18. 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.
19. Any public street lighting installed by this development shall be LED.
20. Project phasing shall be clearly defined on the infrastructure plans and specifications
including installation of infrastructure.
21. 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.
22. 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 West Oak Street including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the property).
b. Signalization of the intersection of Cottonwood Road and Durston Road.
c. Park maintenance district.
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.
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23. Section 38.39.030 Completion of Improvements. If it is the developer’s 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
24. 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.”
25. 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:
“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.”
26. The easement for the Baxter Ditch agricultural water user facility extending through both
phases of the subdivision shall be provided by separate document but shall be referenced on the Conditions and Notes sheet of the final plat. The easement document shall specify the dimensions and beneficiary of the easement; and shall be recorded with the Gallatin
County Clerk and Recorder not later than the time that the final plat is recorded within
which the easement is located.
27. Section 14 of the Declaration of Covenants and Restrictions for Traditions subdivision (Document No. 2256493) shall be revised. A property owners association may not bar or restrict access or use of public parks or areas subject to a public access easement.
28. Section 14 of the Declaration of Covenants and Restrictions for Traditions subdivision
(Document No. 2256493) shall be revised. A property owners association may not regulate
the use of public roads.
29. The south half of Oak Street shall be constructed to the principal arterial standard as shown in the Greater Bozeman Area Transportation Plan along the entire frontage of the
subdivision. The improvements shall be installed or financially guaranteed prior to the
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phase 3 final plat approval. All improvements shall be complete prior to issuance of a
building permit in phase 3.
30. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
31. A one foot no access strip shall be recorded on the final plat restricting access for any lots
fronting onto Oak Street, unless encroachment approved by the City Engineer.
32. The existing Oak Street and Utility Easement (Document No. 2253980) shall be dedicated
with the final plat of Traditions Phase 3 subdivision.
33. The substandard level of service at the intersection of Cottonwood and Durston shall be mitigated or financially guaranteed according to proportional costs prior to final plat
approval and the mitigation complete prior to issuance of a building permit unless a
variance is granted by the City Commission.
34. A new easement shall be granted for the sewer main that crosses Lot R1 that is currently
outside of the limits of the existing easement.
35. All remaining punch list items shall be completed or financially guaranteed prior to final
plat approval and shall be complete prior to issuance of a building permit.
36. If the lots are reconfigured, all existing service lines that are a minimum of 10’ from the
new side lot line may remain. Any service that is within the 10’ distance shall be
abandoned in accordance with City standards, and a new service installed to serve the lot.
37. The existing Oak Street and Utility Easement (Document No. 2253980) shall be dedicated
with the first final plat phase of Traditions Phase 2 & 3 subdivision. The subdivider or
owner of the property shall submit with the application for final plat a warranty deed or
other instrument acceptable to the City Attorney transferring fee simple ownership of the
Right-of-Way to the City.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
Actions by the Commission to approve or disapprove requested variances may resolve some of
the identified required corrections. A revised plat may be required to reflect those actions and
changes to these requirements prior to final action on the subdivision.
a. Pursuant to Section 38.23.040.B, BMC, Phase 2, Block 1 shall be no more than 400 feet in
length, unless a variance is granted. If the Commission does not grant a variance from block length a minimum 25 foot pedestrian access shall be provided and aligned with the 6
foot trail in Park 1 to the east and across Rosa Way and extend through to Twin Lakes
Avenue. If the Commission approves the variance from maximum block length then the
plat as presented is acceptable.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Traditions Phase 2 & 3 Major Subdivision preliminary plat
File: P-14042
Development Review Committee
The Development Review Committee (DRC) has reviewed the Preliminary Plat application on
October 29, 2014 and November 5, 2014. Two variance requests were submitted on November
13, 2014. The DRC reviewed the complete application on November 26 and December 3, 2014.
The DRC recommended conditional approval of the preliminary plat application.
Parks and Recreation Advisory Board
The Recreation and Parks Advisory Board reviewed the proposed subdivision on October 31,
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:
The park in phase 1 provides 4.25 acres but was never dedicated to the city. It was to be
developed jointly with the subdivision to the east, Flanders Creek, but that development has
not followed through on the plan. The combined park offers a nice open grassy area with
some mature trees, but the trails are in disrepair and no amenities have been built. It is
unknown to us if the existing park(s) have been developed to minimum city standards. The
proposed joint playground/neighborhood center was never built. The Traditions side of the
park has a large expanse of grass with scattered rock features. These features present an
obstacle to active play, but there is insufficient additional landscaping, amenities, or
playground to make it an attractive passive park. As the Traditions park was never was
dedicated to the city, if phase 2-3 is unable to get credit for the phase 1 park, the applicant
has no incentive to improve that park.
Our proposal is for the developer to dedicate the phase 1 and phase 2 parks at preliminary
plat, build the neighborhood center in the phase 1 park to be developed with phase 2. The
park in phase 2 will be developed with phase 3. The result will be a real gain to the
residents: improving and locating the Neighborhood Center in the larger park rather than in
the more linear phase 2 Park.
If you consider phases 2 and 3 as a stand-alone project, dedicating the phase 1 park would be
an offsite dedication and would then meet the dedication requirement.
Planning Board
The Planning Board is scheduled to consider the Traditions Major Subdivision at their January 6,
2015 public meeting.
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The Planning Board held its public hearing on January 6, 2015. No public comment was
received. The Planning Board voted not to recommend the variance from minimum level of
service standards with amended Condition No. 33. The Board voted to recommend the block
length variance request. In conclusion the Planning Board voted to recommend approval of the
preliminary plat with the conditions and code provisions as noted in this staff report.
City Commission
The City Commission public hearing is scheduled for February 2, 2015 to consider the
preliminary plat and make a final decision on this application.
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. 2, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
The parcel is less than 160 acres. Therefore, to comply with the requirements of the Montana
Subdivision and Platting Act the entire area must be included with each final plat. However, as a
phased subdivision, not all of the improvements necessary to develop individual lots will be
installed at once. In order to provide notice of the pending requirement for infrastructure
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completion a note is required to be provided with each final plat. See Condition 4. This
condition will serve the role of a guarantee of performance for future development. This protects
potential buyers without causing a financial burden on the developer.
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 July 30, 2014 and after the receipt of additional
information required by Title 38 of the Bozeman Municipal Code (BMC) on October 14, 2014
was deemed acceptable for initial review on October 15, 2014. The preliminary plat was
reviewed by the DRC on October 29, 2014 and November 5, 2014 and after additional
information was provided continued the review on November 26 and December 3, 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 November 26, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
December 21, 2014. The site was posted with a public notice on December 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
December 15, 2014. No comments have been received as of the production date of this report.
Two variances were identified and were included in the notices to the public and will be
addressed in the actions by the Planning Board and City Commission. The conditions necessary
to ensure that this application complies with required review procedures are included in Sections
3 and 4 of this report and are identified with each variance.
The final plat to be recorded for each phase will require review to ensure that all requirements of
the law and conditions of approval have been met. Installation of required infrastructure and
dedication of easements and lands will be verified at that time. Failure to comply with conditions
of approval will preclude approval. See Conditions 2 and 35.
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
requirements are included in this report for City Commission consideration (variances) which
brings the proposed subdivision into compliance with all adopted codes.
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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. Condition 25 requires the provision of an adequate
easement for the ditch along Baxter Lane
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, the
subject property was previously reviewed and approved for a major residential subdivision in
2005. Therefore, this subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
Baxter Creek/Ditch runs along the western edge of the development. The waterway is defined as
a watercourse and conveys agricultural water for downstream users. Wetlands have been
identified adjacent to Baxter Creek. Therefore, agricultural water user facility, wetland, and
watercourse regulations apply. The Applicant proposes to apply a 50 foot wetland all water
users have access for ongoing maintenance of the facility after development occurs (Condition
25).
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains were installed in anticipation of development
in the adjacent street right-of-ways with the original subdivision application. 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 wastewater treatment plants have adequate capacity to serve this development.
The impacts of the development on the water and wastewater systems will be mitigated by the
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conditions of approval, future impact fee payments, provision of water rights or cash-in-lieu
thereof, and the future utility charges to residents. The City’s design manual provides the specific
guidance for detailed infrastructure design.
Streets – All streets and alleys within Phase 2 have been installed. Two variances to the
Unified Development Code, BMC relating to streets have been requested. See the subdivision
variance review section of this report for discussion on the variances. Staff has concluded that
one of the two the variances meet the required criteria. Staff is not supporting the request to
exceed maximum block length standards. Staff is not supportive of granting relief from
intersection level of service standards.
West Oak Street is identified as Principal Arterial according to the Greater Bozeman Area
Transportation Plan (2007 Update). Conditions 29, 31, and 37 are included to bring the
subdivision into compliance with this designation.
The Traffic Impact Study (TIS) was done to assess impacts caused by the proposed development.
Primary findings listed in Section H – Impact Summary & Recommendation states that
intersection of Durston road and Cottonwood Road is currently operating at a poor Level of
Service (LOS) in the PM peak-hour and the traffic generated by the development will add to this
problem. A four-way stop will add additional capacity but will not solve the underlying issue. It
is recommended that the developers participate in the reconstruction of this intersection once a
design has been finalized.
The Applicant has requested a variance from Section 38.24.060.B.4, BMC Street Improvement
Standards for intersection level of service at Durston Road and Cottonwood Road to be less than
level C at time of final plat for some phases of the subdivision.
Staff does not support the variance request. A Traffic Impact Study (TIS) was done to assess
impacts caused by the proposed development. Primary findings listed in Section H – Impact
Summary & Recommendation state that the intersection of Durston road and Cottonwood Road
is currently operating at a poor Level of Service (LOS) in the PM peak-hour and the traffic
generated by the development will add to this problem. A four-way stop will add additional
capacity but will not solve the underlying issue.
Section 38.24.060.B.4 of the UDO states “A development shall be approved only if the
LOS requirements are met in the design year, which shall be a minimum of 15 years following
the development application review or construction of mitigation measures if mitigation
measures are required to maintain LOS”. This is to insure that additional traffic is not added to
an intersection that has an existing level of service problem, further adding to the problem. Poor
level of service is an indication of operational problems at the intersection that can lead to
additional accidents. Granting of the variance will also negatively impact the public who
currently use the intersection in that the additional traffic will increase the delay at the
intersection. The intersection will continue to degrade as additional developments are approved.
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The City currently has undertaken a project to complete the design of Durston and Cottonwood
Roads which would include the design of this intersection, but the funding for constructing the
improvements is a number of years off. More specifically, under Impact Fee Project No. 27
street improvements for Cottonwood are scheduled for fiscal year 2019 with design work
funding allocated in fiscal year 2016 for Cottonwood between Baxter Lane and Fallon Street.
Also, the design for street improvements for Durston Road is scheduled for fiscal year 2016
under Impact Fee Project No. 59.
The analysis shows that even with the installation of 4 way stop control at the intersection two
movements will be below the required level of service of C during the pm peak hour. The
northbound through movement will experience delays of 33 seconds resulting in a level of
service of D, while the westbound left (from Cottonwood onto Durston) will experience delay of
110 seconds resulting in a level of service of F. The overall intersection delay would be 62
seconds which is also a level of service F.
This is addressed under, Section 6, subdivision variance 1.
The application includes a request for a variance from Section 38.23.040.B, block length. Block
1 length averages 586.97 feet. City Code requires block length to be between 300 and 400 feet
or provide an alternative compliance option of Section 38.23.040. The alternative compliance is
not provided necessitating a variance. Should the Commission not approve the requested
variance from maximum block length standards Condition No. 35 is included to insure all future
lots meet minimum City standards.
Staff does not support the variance request. Although the original subdivision secured a variance
from block length to allow this design the integration of pedestrian pathways, subdivision design,
connectivity, and focus on the long term health of the community block length does not allow us
to support the variance. The provision of Section 38.23.040.B allows block lengths can be
longer than 400 feet if necessary due to topography, the presence of critical lands, access control,
or adjacency to existing parks or open space. These criteria do not apply in this case.
Alternatively pedestrian rights-of-way, not less than ten feet wide, can be utilized to break up
long block length, provide access to the park and open space areas to future residence of
Traditions and the neighboring Flanders Creek Subdivision as described in Section 38.23.040.D.
This is addressed under, Section 6, subdivision variance 2.
The special improvement lighting district has been created that includes all phases of the
Tradition subdivision. Phase 2 and 3 are required to join in the ongoing operational cost
associated with the district. Condition 19 requires the use of LED lighting fixtures. This does not
modify the pole heights or 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
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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 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 proposes creation of 22 single household residences, and five multi-
household lots of 8.94 acres in net size. Lot R1 density has not been determined. Pursuant to
Section 38.27.A.2, BMC parkland dedication for initial subdivision when net density is unknown
is equal to that required for eight (8) dwelling units per net acre. Collectively, the minimum
parkland requirement is 2.772 acres for phase 2 and 3. The development is providing 6.0076
acres.
Single Household Lots 0.66
Multi-household Lots (phase 2) 0.181
Multi-household Lots (Phase 3) 1.931
2.772 acres
Section P (page 4) of Plat Supplement contained in the Applicant Submittal articulates the
developers preferred method of providing parkland. Traditions Phase 1 dedicated 4.2558 acres
although only required 2.67 acres, or an excess of 1.5858 acres. As noted above Phase 2 will
require 0.841 of parkland dedication. Therefore Phase 1 provided sufficient parkland to meet the
immediate needs of phase 2. In addition, the developer proposes dedicating the remaining
parkland (1.7518 acres) with Phase 3 including all parkland improvements.
A portion of the proposed parkland area is defined as linear park created by the Baxter Ditch
requiring the Commission to determine whether or not the proposed configuration and location
of such a park is appropriate. Pursuant to Section 38.27.070 if consistent with the growth policy
or citywide park plan, and if reviewed and approved by the review authority, linear parks shall be
dedicated to the city to provide corridors for recreation pathways as defined in 38.27.110. The
proposed park provides sufficient width, the propose tail corridor is outside any required setback,
and maintenance provisions are in accordance with Section 38.27.110.E. The park is in
accordance with City policy by providing park and open space area is directly adjacent to multi-
household development providing recreational space greater than what is normally associated
with this type of housing which single-household parcels inherently enjoy. Therefore, the
proposed park configuration meets the term for linear parks.
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Traditions Phase 2 & 3 generally continues the park plan reviewed and approved with the
original Traditions subdivision application. An excess of parkland was dedicated with Traditions
Phase 1 as noted on the Park Area Tabulation located on the second page of the preliminary plat.
The calculation states 2.67 acres were required with phase 1 and 4.2558 were dedicated.
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. 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 the northern half of the
proposed park is a linear park and includes direct pedestrian access is provided to a portion of the
perimeter perimeters without street frontage. The design is necessary due to Baxter Ditch and
the presence of critical lands. Finally, additional park development in the form of trail
connections and excess parkland is being provided. The RPAB supported the design and park
plan for the expanded park.
In order to meet the standards found in Section 38.27, BMC a Park Master Plan was developed
for the Traditions subdivision and is included with the applicant submittal.
The Recreation and Parks Advisory Board subdivision reviewed the proposed on October 31,
2014. The RPAB is generally supportive of the applicant’s proposal of parkland, trail system,
and neighborhood center. However, the Board noted there are minor modifications needed to
bring the proposal into full compliance with City code. The revised Parks Plan will require
review of the RPAB and approval of the City Commission prior to final plat approval of any
phase of the subdivision (Condition 16). Additional comments and mitigation were suggested;
the complete RPAB comments are attached to this report.
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. However, as noted on the plat
Baxter Ditch crosses the property and is subject to a 50 foot wetlands setback provisions. The
Parks Master Plan includes appropriate planting plan as required by Section 38.23.100.A.2(e).
Some noxious weeds are on the site that will addressed by the weed management plan 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.
The area is known to have high groundwater a note will be placed on the plat to advise future
buyers of this issue. See Condition 24.
5) The effect on Wildlife and wildlife habitat
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development has previously undergone
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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 previously
approved Traditions subdivision. Sensitive habitat areas 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. A variance has been requested from the required level of service for the
intersection of Durston Road and Cottonwood Roads. Please see the discussion under the
variances section of this report.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 25, 2014. 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. Staff offers the following summary comments on the supplemental information required
with Article 38.41, BMC.
38.41.060.A.1 Surface Water
A partial waiver was granted by the DRC during the pre-application review. As described
above, Baxter Ditch runs along the western edge of the property. No modifications to the
watercourse are proposed. The Applicant is providing all necessary setbacks to insure the
integrity of the stream will be maintained. No development will occur adjacent to the
watercourse and the park plan shows areas for passive activity with a trail corridor outside the
wetland setback.
38.41.060.A.2 Floodplains
A partial waiver was granted by the DRC during the pre-application review. The subject
property is classified as Zone “X” according to the Flood Rate Insurance Map, Community Panel
No. 3000280016 C. Zone “X” indicates areas outside of the 500 year floodplain. Therefore,
there is minimal impact caused by floodplains.
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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 Traditions Subdivision. Extensive groundwater monitoring was performed for the Traditions
subdivision in 2004 showing a proclivity of high groundwater in the area. Ground water was
found to be between 4 to 5 feet below grade. A standard plat note is required to inform future
property owners of the high ground water and to seek the appropriate professional investigation
prior to contraction (Condition 24).
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. As described above, Baxter Ditch runs along the
western edge of the property. No modifications to the agricultural water user facility are
proposed. The Applicant is providing all necessary setbacks to insure the integrity of the stream
will be maintained. No development will occur adjacent to the watercourse and the park plan
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shows areas for passive activity with a trail corridor outside the wetland setback. In addition, an
easement is required to provide access to beneficiary for access and maintenance (Condition 26).
38.41.060.A.10 Water and Sewer
Water and sewer designs were submitted and approved by the City of Bozeman and MDEQ in
2005. A copy of the design report is included in Appendix C of the Applicant submittal. Public
infrastructure improvements have been installed in Rosa Way, Sherwood Way, Annie Street, and
Twin Lakes Avenue. Additional water and sewer lines will be constructed to serve each
individual lot without service. The City Engineering Department has reviewed the existing
improvements on May 13, 2009 and found certain improvements were not completed. Those
deficiencies will be required to completed prior o final plat approval (Condition 35). Those
improvements are listed in Appendix C of the Applicant submittal. 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.
38.41.060.A.11 Stormwater Management
Stormwater improvements for the Southbridge subdivision were previously installed for
Traditions 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.
38.41.060.A.12 Streets, Roads and Alleys
Addressed under the primary review criteria.
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
The Bozeman School District’s review comments indicate they can accommodate the additional
students expected from this development. The site is adjacent to the Meadowlark Elementary
School and the purchased site for the second high school. The site is within 0.68 miles of the
Meadowlark Elementary School.
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38.41.060.A.15 Land Use
The proposal is to develop residences, open spaces and parks consistent with the approved
zoning. The application as proposed meets the required residential density of Section 38.08.080.
38.41.060.A.16 Parks and Recreation Facilities
See discussion above under Local Services.
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. A neighborhood center is required for this development. The original
subdivision proposed a neighborhood center for both Traditions and Flanders Creek subdivision.
However, that amenity was not completed. The revised Traditions Phase 2&3 subdivision proposed the Neighborhood Center to be located on the southeast corner of Phase 2 Park and
open space as shown on the Park Master Plan. After discussion with the RPAB a more suitable
location was agreed upon as described in Exhibit A attached to this report and the figure below.
The revised location is within the existing park area in Traditions Phase 1 on the south side of
Annie Street. This modification, in part, necessitates the Park Master Plan to come back before the RPAB and City Commission for final review and approval to insure all aspects of the parks
development are met (Condition 16). Although the neighborhood center is adjacent to private
open space the area is the 50 foot stream setback area for Baxter Ditch/Creek which extends
northeasterly through Phase 2 &3. There are no barriers between the public parks are and the
private open space.
The Neighborhood Center will meet current design with amenities meeting the standards under
Section 38.23.020.A, BMC.
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37
38.41.060.A.18 Lighting Plan
A SILD was created for the entire subdivision in 2008. Lighting was installed with the original
improvements. A copy of the recorded SILD is included in Appendix H.
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.
Subdivision Variance Review Criteria, Section 38.35.070, BMC
The applicant requested two variances as part of this subdivision application.
The subdivision variances requested are:
1) Section 38.24.060.B.4 Street Improvement Standards - Variance for intersection level of
service at Durston Rd and Cottonwood Road to be less than level C at time of final plat for
some phases of the subdivision.
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2) Section 38.23.040 Blocks – Variance for maximum block length to exceed 400 feet.
Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific
variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter.
The city shall not approve subdivision variances unless it makes findings based upon the
evidence presented in each specific case that the required criteria have been met. The criteria for
each variance are shown within the analysis for that variance.
Subdivision Variance Request 1) Section 38.24.060.B.4 Street Improvement Standards -
Variance for intersection level of service at Durston Rd and Cottonwood Road to be less than
level C at time of final plat for some phases of the subdivision.
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
The Traffic Impact Study (TIS) was done to assess impacts caused by the proposed
development. Primary findings listed in Section H – Impact Summary & Recommendation
states that intersection of Durston road and Cottonwood Road is currently operating at a poor
Level of Service (LOS) in the PM peak-hour and the traffic generated by the development
will add to this problem. A four-way stop will add additional capacity but will not solve the
underlying issue. It is recommended that the developers participate in the reconstruction of
this intersection once a design has been finalized.
Section 38.24.060.B.4 of the UDO states “A development shall be approved only if the
LOS requirements are met in the design year, which shall be a minimum of 15 years
following the development application review or construction of mitigation measures if
mitigation measures are required to maintain LOS”. This is to insure that additional traffic
is not added to an intersection that has an existing level of service problem, further adding to
the problem. Poor level of service is an indication of operational problems at the intersection
that can lead to additional accidents. Granting of the variance will also negatively impact the
public who currently use the intersection in that the additional traffic will increase the delay
at the intersection. The intersection will continue to degrade as additional developments are
approved. The City currently has undertaken a project to complete the design of Durston and
Cottonwood Roads which would include the design of this intersection, but the funding for
constructing the improvements is a number of years off.
The analysis shows that even with the installation of 4 way stop control at the intersection
two movements will be below the required level of service of C during the pm peak hour.
The northbound through movement will experience delays of 33 seconds resulting in a level
of service of D, while the westbound left (from Cottonwood onto Durston) will experience
delay of 110 seconds resulting in a level of service of F. The overall intersection delay
would be 62 seconds which is also a level of service F.
Staff does not support the variance request.
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2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
There are no conditions unique to the property which would unavoidably result in an undue
hardship if the code is enforced. It is not unusual at all for intersection improvements to be
made prior to the entire corridor improvements being completed. Improvements to this
intersection are also recommended by the Transportation Plan. The improvement to the
intersection can all be built without the need to utilize any unusual construction practices.
Staff concludes the criterion is not met.
3. The variance will not cause a substantial increase in public costs; and
Granting the variance would have an effect on public costs in that the City would need to pay
the entire cost of the improvements in the future. Sixty percent of the cost of the
improvements would be impact fee eligible, but there is currently no funding source
identified for the remaining forty percent. If the variance is not granted, this could be the
developer(s) contribution. If the variance is granted, the forty percent will need to be paid by
additional public funds. Staff concludes the criterion is not met.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Staff has not identified any other non-compliance caused by the variance. Staff concludes the
criterion is met.
The Commission considered the variance request from Section 38.24.060.B.4 Street
Improvement Standards - Variance for intersection level of service at Durston Road and
Cottonwood Road to be less than level C at time of final plat for some phases of the
subdivision; AV Capture time stamp 2:23:30 to 2:40:00. The Commission amended
Condition No. 33 to add “according to proportional costs” as reflected in this report. The
Commission adopted staff findings and voted to deny the requested variance from
intersection level of service functioning standards after amending Condition No. 33 (0:5).
Subdivision Variance Request 2) Section 38.23.040, BMC Block Length – Variance for
maximum block length to exceed 400 feet.
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Block 1 length averages 586.97 feet. City Code requires block length to be between 300 and
400 feet or provide an alternative compliance option of Section 38.23.040. Planning Staff
maintains that pedestrian walks should be installed to break up the block length and to
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provide interconnectivity. The Unified Development Ordinance states that for the purposes
of reducing block length and facilitating pedestrian movements in cul-de-sacs that pedestrian
walks are appropriate. The code requires a 5 foot wide sidewalk with a 10 foot wide
easement. Lots adjacent to a pedestrian walks must provide a 15 foot corner side yard
setback similar to a corner lot on a local street. If however, the easement is 30 feet or greater
the standard side yard setback applies.
Integrating a mid block pedestrian crossing would eliminate the need for a variance and may
not decrease the number of lots that can be created. The park and trail corridor to the west is
connected to Rosa Way to provide active and passive recreational activities for both the
residence of Traditions and Flanders Creek subdivisions. The alley in Block 1 is constructed
to a paved standard. As noted in Section 38.23.040.D any block length exceeding 600 feet
shall intersect a street or pedestrian path. Staff does not believe a street crossing would serve
the community however.
Providing pedestrian circulation is a priority of the City’s Growth Policy and is integral in the
function of the Traditions park area. Although there are sidewalks installed on adjacent
public streets Block 1 serves a separation between the communities. Therefore, staff does
not support the variance request.
The Applicant has provided justification for their request which is attached to this report.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
As noted earlier water and sewer lines for block 1 have been installed. The proposed design
does not require the any installed utilities to be relocated. If a mid block pedestrian or street
was required a number of the lots will be required to be reconfigured and those service lines
may be required to be relocated as required by Condition 36.
The property has very little topographic relief. There are no unusual shapes or other physical
features surrounding the area that would create undue hardship requiring block length to
exceed 400 feet. Therefore, Staff concludes the criterion is not met.
As noted under criterion number one the Applicant has provided justification for their request
which is attached to this report.
3. The variance will not cause a substantial increase in public costs; and
No increase in public cost is anticipated by granting a variance from maximum block lengths.
However, there is a potential increase in cost attributed to reducing connectivity of the
community and reduced options for pedestrian walkways which, in turn may have
detrimental effects on public health, albeit small.
Therefore, it appears the variance does not substantially raise public costs. Staff concludes
the criterion is met.
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4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Staff has not identified any other non-compliance caused by the variance. Staff concludes the
criterion is met.
The Commission made alternate findings in granting the variance request. The Board found
that criterion No. 1 and 2 above were met because neighborhood design has been established
by previously subdivided lands with longer block length that current standards allow. The
Commission noted the mid block crossing does not provide critical pedestrian connectivity.
In addition, relocating property boundaries would necessitate relocating existing water and
sewer lines. In conclusion, the Commission voted 5:0 to approve the block length variance
request.
The Commission considered the variance request from Section 38.23.040, BMC Block
Length – Variance for maximum block length to exceed 400 feet from AV Capture time
stamp 2:40:15 to 2:47:20. The Commission made alternate findings and voted unanimously
to grant the variance. The decision was based on existing conditions of the developing area
in the immediate vicinity that granting the variance would not be detrimental to the health,
safety and general welfare of the community, and found that all review criteria were met.
The Commission voted 5:0 to grant the variance from block length standards as described in
this report.
SECTION 6 - 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 for
the subdivision of approximately 21.38 acres into 22 single-household residential lots, five
(5) multi-household residential lots, two (2) Open Space lots, one (1) Park, and with the
remaining area as street right of ways with variances.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
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38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
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STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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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:
Two zoning district classifications apply to the subject property. Traditions Phase 2 is zoned “R-
3” (Residential Medium Density District) and Phase 3 is zoned “R-4” (Residential High 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. This phase will create 22 single-household lots and 4 multi-household lots on 4.4 net
acres for a density of approximately 7.7 dwellings per net acre.
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. The proposed density is not known at this time.
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
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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.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner and Applicant Rosa Construction, Inc., 209 Black Bull Trail, Bozeman, MT
597188, represented by C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive,
Bozeman MT 59718 submitted an application to subdivide 21.38 acres into 22 single-household
residential lots, five (5) multi-family residential lots, two (2) Open Space lots, one (1) Park, and
with the remaining area as street right of ways.
Traditions Phase 2&3 was re-submitted in accordance with the original approval in 2004.
However, a number of current codes and requirements were not met by the previous design
requiring modifications. Thos e modifications have been made and are shown on the preliminary
plat being considered. Specifically, the park plan, based on comments from Planning and the
Recreation and Parks Advisory Board (RPAB), was revised to meet current stands for size,
configuration, amenities, and neighborhood center requirements.
Project Background
The Traditions subdivision (Phase 1-3) was reviewed and approved in November of 2004
(P04041). Traditions (aka Rosa subdivision) park plan was designed in conjunction with the
neighboring property to the east, Flanders Creek subdivision to meet the needs of both
developments. The Baxter Ditch (stream/ditch) bisects the subject property starting in the
southeast corner of the property, adjacent to Flanders Creek Subdivision, to the northwest corner
of the property, adjacent to Laurel Glen Subdivision. Dennis Balian, the owner of Flanders
Creek Subdivision and John Rosa coordinated the development of their properties through street
layout, park placement and trail design.
Flanders Creek received final plat approval only Phase 1 of Traditions was completed. A one-
year extension was granted on October 15, 2007 extending the preliminary plat approval to
November 1, 2008. Traditions Phase 1 was platted in February 2007. Traditions Phase 2 & 3
preliminary plat approval expired.
APPENDIX D – NOTICING AND PUBLIC COMMENT
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A subdivision pre-application was submitted on April 23, 2014. The pre-application was
reviewed by the DRC on May 14, 21 and 28, 2014 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.
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 July 30, 2014 and after the receipt of additional
information required by Title 38 of the Bozeman Municipal Code (BMC) on October 14, 2014
was deemed acceptable for initial review on October 15, 2014. The preliminary plat was
reviewed by the DRC on October 29, 2014 and November 5, 2014 and after additional
information was provided continued the review on November 26 and December 3, 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 November 26, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
December 21, 2014. The site was posted with a public notice on December 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
December 15, 2014. No comments have been received as of the production date of this report.
Two variances were identified and were included in the notices to the public and will be
addressed in the actions by the Planning Board and City Commission. The conditions necessary
to ensure that this application complies with required review procedures are included in Sections
3 and 4 of this report and are identified with each variance.
The final plat to be recorded for each phase will require review to ensure that all requirements of
the law and conditions of approval have been met. Installation of required infrastructure and
dedication of easements and lands will be verified at that time. Failure to comply with conditions
of approval will preclude approval. See Conditions 2 and 35.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Rosa Construction, Inc., 209 Black Bull Trail, Bozeman, MT 597188
Applicant: Rosa Construction, Inc., 209 Black Bull Trail, Bozeman, MT 597188
Representative: C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT
59718
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Report By: Tom Rogers, AICP, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Staff Report
2. Applicant’s submittal materials
3. Supporting documentation
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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