HomeMy WebLinkAboutREV 2-27 Memo and Materials for The Crossing Baxter Meadows
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: The Crossing at Baxter Meadows, Phase 4a Major Subdivision
Preliminary Plat Findings of Fact and Order, P14027 MEETING DATE: March 2, 2015 AGENDA ITEM TYPE: Regular
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for The Crossing at Baxter Meadows, Phase 4a Major Subdivision Preliminary Plat Application.
SUGGESTED MOTION: Having reviewed and considered the Findings of Fact and Order,
public comment, and all the information presented I move to Authorize the Mayor to sign the
Findings of Fact and Order for The Crossing at Baxter Meadows, Phase 4a 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 Crossing at Baxter Meadows, Phase 4a Major
Subdivision. The Commission voted not to release the Restricted Size Lot (RSL) designation (2:3) and voted (2:3) not to grant preliminary plat approval. 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.
268
Commission Memorandum
Attachment: Findings of Fact and Order
Report compiled on: February 19, 2015
269
Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER
FOR THE CROSSING AT BAXTER MEADOWS PHASE 4A MAJOR
SUBDIVISION PRELIMINARY PLAT, P-14027
Public Hearing Date: Planning Board hearing is on January 6, 2015
City Commission hearing is on February 2, 2015
Project Description: A preliminary plat for a major subdivision to allow the re-platting of 12
lots, Lots 2-7 & 10-15 in Block 3 of Baxter Meadows, Phase 4A Subdivision totaling
1.377 acres, into 10 single-household lots. The removal of the Restricted Size Lots (RSL)
designation is requested.
Project Location: Project is located southwest of the intersection of Lolo Way and Caspian
Avenue. The property is legally described as Lots 2-7 & 10-15 in Block 3 of Baxter
Meadows, Phase 4A Subdivision.
Decision: Denial
Motions:
Restricted Size Lots (RSL): Having reviewed the request to remove the Restricted Size Lots
(RSL) designation for these 12 lots and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report regarding the Restricted Size Lots (RSL) and move to terminate the
designation in coordination with the final plat of this amended subdivision.
Subdivision as a whole: Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 2 of 21
staff report for application P14027 and move to approve the major subdivision with
conditions 1-8 and subject to all applicable code provisions and incorporating all prior
actions with the conditions set forth in the staff report.
Report Date: Friday, December 22, 2014
Staff Contact: Tom Rogers, Associate Planner
Bob Murray, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
Non-standard Utility Locations. The Applicant has requested utilization of existing service lines installed after the original platting of the subdivision. Staff has partially accommodated the
request by allowing non-standard locations (Condition 8) but no closer than 10 feet from an
adjacent property boundary. The Applicant has requested a number of service lines for an
individual property to cross over onto adjacent property with an easement to allow future access. Staff does not support this. For more information please see utility compliance.
Project Summary
The project proposes re-platting these 12-5,000 square foot lots on 1.377 acres into 10-6,000
square foot single-household lots. The application includes the request to remove the Restricted
Size Lots (RSL) designation on these 12 lots. The re-platting of the 12 existing lots makes no
changes to any adjacent property.
Alternatives
1. Approve the application with the recommended conditions 1-8;
2. Approve the application with modifications to the recommended conditions and condition 9;
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:
The Planning Board considered the request to remove the Restricted Size Lots (RSL)
requirement. The Board discussed why the program was placed on hold which was
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 3 of 21
largely due the lack of effectiveness of the program as adopted and noted a new
affordable housing program was being contemplated. In conclusion, the Board voted
unanimously (7:0) to approve the removal of the RSL lots on the amended plat
application.
The review continued by discussing the merits of the re-platting of 12 lots into 10. The
Board spoke to the merits of the proposal. The Board concluded the proposal better
meets the needs of the community by providing more desirably sized lots within the
context of the area.
In conclusion the Planning Board voted (7:0) to recommend the City Commission approve The
Crossing at Baxter Meadows, Phase 4A subdivision with conditions 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 8:29:15.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES AND ALTERNATIVE COMPLIANCE .............. 10
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATION AND ACTIONS ............................................................. 11
Planning Board: ................................................................................................................ 11
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 12
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 14
Preliminary Plat Supplements ........................................................................................... 15
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 19
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 19
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 20
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 21
FISCAL EFFECTS ....................................................................................................................... 21
ATTACHMENTS ......................................................................................................................... 21
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 4 of 21
SECTION 1 - MAP SERIES
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 6 of 21
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 7 of 21
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 8 of 21
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 9 of 21
SECTION 2 – REQUESTED VARIANCES AND ALTERNATIVE
COMPLIANCE
No variances or alternative compliance approaches have been requested in conjunction with this
preliminary plat application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions. These
conditions are specific to The Crossing (Baxter Meadows Ph4A) Subdivision, and are identified
and grouped by their general subject.
Recommended Conditions of Approval:
1. 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.
2. A separate Conditions and Notes sheet shall be included with each final plat.
3. The applicant shall submit with the application for final plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the
entire final plat submittal. This narrative shall be in sufficient detail to direct the reviewer
to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The Restricted Size Lots (RSL) notation on Lot 2, 3, 4, 6, 7, 10, 11, 13, 14, and 15, Block
3, Baxter Meadows Phase 4a shall terminate upon final plat approval of the Amended Plat of Lots Lots 2-7 & 10-15 in Block 3 of Baxter Meadows Phase 4a Subdivision.
5. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or side
yard utility easements not provided will require written confirmation from ALL utility
companies providing service indicating that rear or side yard easements are not needed.
6. Street cut permits shall be obtained for all work performed for the water and sewer service
line taps.
7. Lolo Way and Lemhi Trail Drive shall be returned to an acceptable condition once the
water and sewer service line taps have been complete.
8. All existing service lines that are a minimum of 10 feet from the new side lot line may
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 11 of 21
remain. Any service that is within the 10 feet distance shall be abandoned in accordance
with City standards, and a new service installed to serve the lot, unless approved by the
Commission.
9. If alternate utility locations are granted by the Commission, the Applicant shall grant water and sewer maintenance easements appropriately sized, as determined by the City, for all
lots requiring said utility easements. The easements shall be recorded with Gallatin County
Clerk & Recorder prior to final plat approval.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
No plat corrections are required to address code requirements.
SECTION 5 - RECOMMENDATION AND ACTIONS
Project Name: The Crossing (Baxter Meadows Phase 4A) major subdivision
preliminary plat
File: P-14027
Development Review Committee
The Development Review Committee (DRC) found that the application was sufficient for review
on November 26, 2014, and they recommended approval with conditions and code requirements
to the Planning Board and City Commission.
Planning Board:
The Planning Board conducted a public hearing on the related subdivision and made a
recommendation to the City Commission. The public hearing date for the Planning Board is
January 6, 2015.
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 with the conditions and code
provisions as noted in this staff report.
City Commission
The City Commission held a public hearing on the matter on February 2, 2015.
The Commission moved to terminate the designation in coordination with the final plat of this
amended subdivision. The Commission voted 2:3 to approve the motion. The motion failed.
The Commission continued by moving to approve the major subdivision with conditions and
subject to all applicable code provisions and incorporating all prior actions with the conditions
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 12 of 21
set forth in the staff report. The Commission voted 2:3 to approve the motion. The motion
failed.
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 application contains the necessary survey elements. Recently, the State of Montana has
revised the requirements for final plats. One of these requirements is a separate sheet for notes,
comments, and conditions of approval. The conditions of approval require provision of this
sheet. See Condition 3. Conditions 1, 3 and 4 address the contents of the final plats.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
There are several conditions of approval relating to the preparation of the final plat. See
Conditions 1-4. Additional conditions are described in following sections of this report. Those
conditions are necessary to fully satisfy the adopted standards of the City applicable to this
application.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application has been properly noticed, reviewed according to the required advisory bodies
established by the Bozeman Municipal Code, and the required public hearings are scheduled.
The proper review bodies have conducted their review and their recommendations are included
with this report. A pre-application review was received and reviewed and comments provided.
The application has been deemed acceptable and adequate for review.
This application was originally scheduled before the City Commission on January 26, 2015. Due
to scheduling conflicts on the Commission agenda this item was moved to the February 2, 2015
agenda. Public notice was provided prior to the change in review date. Therefore, the
application was re-noticed and a request was provided to the City Commission to continue the
application from January 26 to February 2, 2015.
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 13 of 21
The final plat to be recorded will require review to ensure that all requirements of the law and
conditions of approval have been met. Installation of required infrastructure will be verified at
that time. Failure to comply with conditions of approval will preclude approval. See Conditions
1-4.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC, and the Department of Community Development, all applicable
regulations appear to be met. Code provisions and site specific requirements are included in this
report for City Commission consideration.
Lot dimensions, street widths, and similar development standards are generally met by the
subdivision. See discussion under Subdivision Review Criteria 5.
Plan and specification review is required for all public infrastructure improvements prior to the
commencement of any work. Detailed compliance with relevant standards will be verified at that
time.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The necessary easements for utilities are provided on the preliminary plat and will be required to
be established with the final plat for the development. Depicted dimensions appear to be
adequate to meet requirements. See Condition 4.
There is one requested modification of City service standards contained within this application.
That is to utilize the existing water and sewer services in their current locations to serve the
newly defined lots. Since 2 lots (1 on each side of the alley) are being eliminated, one set of
services will be abandoned and capped off behind the curb, or as directed by engineering and
public works. See Conditions 6-8.
Standard utility locations minimize potential catastrophic events while accessing utility lines for
maintenance and repair. The Engineering Division drafted Condition 8 which allows non-
standard utility lines to accommodate the developer’s request and to reduce the number of street
cuts to relocate utility lines in the constructed street. However, locating utility lines on adjacent
properties and memorializing their locations through easements is not a functional solution. If
utility lines are located on an adjacent property and the City needed to perform maintenance
and/or repair that would require digging up neighbors property. In addition, if the Commission
grants greater leeway in the utility locations staff included Condition 9 to insure the City has
legal access for installation, maintenance and repair of these service lines. Staff is not supportive
of granting greater leeway in utility location than provided in Condition 8.
The Applicant is requesting that all existing utility locations be utilized for this subdivision.
Therefore, staff has included a motion for the Commission to direct staff on the desired solution.
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 14 of 21
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.
Each lot within the subdivision has frontage on an existing public street which is adequate to
provide legal and physical access.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The property is in the middle of an existing subdivision and surrounded by urban uses.
Development at urban densities will lessen development pressure on agricultural lands elsewhere
in the vicinity.
2) The effect on Agricultural water user facilities
The property is in the middle of an existing subdivision and surrounded by urban uses. No
impact on agricultural water users is expected from this change.
3) The effect on Local services
Water/Sewer – Municipal water and sewer are located in the streets adjacent to these lots.
Streets – Public streets are constructed adjacent to these lots.
4) The effect on the Natural environment
The property is in the middle of an existing subdivision and surrounded by urban uses. There is
no large vegetation on the property.
5) The effect on Wildlife and wildlife habitat
The property is in the middle of an existing subdivision and surrounded by urban uses.
Continued transition of the area to urban uses will reduce the utility of the area as a feeding area.
6) The effect on Public health and safety
With the conditions identified in the staff report no negative impacts on public health and safety
have been identified. Adequate circulation for emergency vehicles is provided, services are
available within identified response times, and provision has been made for safe motor and
pedestrian circulation. Public and private utilities have either been installed or can be readily
extended to provide services. Please see also the discussion under Subdivision Review Criteria 5.
During Commission discussion alternate findings were made. The basis for the City
Commission's decision to deny the proposed Preliminary Plat application is based on the analysis
and findings provided in the staff report, public testimony, Development Review Committee
recommendation, and additional information that demonstrates the development of the
subdivision with conditions of approval complies with the Unified Development Code, the City’s
growth policy, the Montana Subdivision and Platting Act and other requirements.
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 15 of 21
The complete discussion and decisions are recorded from City Commission hearing time stamp
00:22:50 to 1:21:15, February 2, 2015. In summary, the Commission found that the developer
was aware the RSL restriction was in place when the property was purchased, variable home size
furthers the goals and objectives of the Bozeman Community Plan by providing affordable
housing, and little quantifiable data suggesting need for removal of the RSL designation. The
majority continued finding that the Montana Subdivision and Platting Act Primary Criteria were
not met due to detrimental effects on local services. Specifically, that utilities and infrastructure
has been installed supporting the previously approved design and removing the RSL and altering
the lot dimensions would increase costs to the community, adverse impacts on the community by
moving services or leaving service in present locations would place undue hardship on future
private owners when doing routine maintenance and repairs.
The Commission moved to terminate the designation in coordination with the final plat of this
amended subdivision. Based on the finding made on the record, as summarized above, the
Commission voted 2:3 to approve the motion. Therefore, the motion failed.
The Commission continued by moving to approve the major subdivision with conditions and
subject to all applicable code provisions and incorporating all prior actions with the conditions
set forth in the staff report. Based on the finding made on the record, as summarized above, the
Commission voted 2:3 to approve the motion. The Commission voted 2:3 to approve the
motion. Therefore, the motion failed.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on January 8, 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. Staff offers the following summary comments on the supplemental information
required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC.
38.41.060.A.5 Vegetation
Addressed under the primary review criteria. Supplemental information waived by the DRC.
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 16 of 21
38.41.060.A.6 Wildlife
Addressed under the primary review criteria. Supplemental information waived by the DRC.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC.
38.41.060.A.8 Agriculture
Addressed under the primary review criteria. Supplemental information waived by the DRC.
38.41.060.A.9 Agricultural Water User Facilities
Addressed under the primary review criteria. Supplemental information waived by the DRC.
38.41.060.A.10 Water and Sewer
Addressed under the primary review criteria. Supplemental information waived by the DRC.
38.41.060.A.11 Stormwater Management
Supplemental information waived by the DRC.
38.41.060.A.12 Streets, Roads and Alleys
Addressed under the primary review criteria. Supplemental information waived by the DRC.
38.41.060.A.13 Utilities
Supplemental information waived by the DRC.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC.
38.41.060.A.18 Lighting Plan
The City Engineering Department reviewed and approved the lighting plan on June 26, 2007
prior to final plat approval. No changes are proposed or required for this re-platting request.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article
10.08, BMC, has been suspended by the City Commission. However, the City Commission has
initiated an evaluation of the City’s affordable housing program. The current program was
suspended in 2011.
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 17 of 21
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 for
the re-platting of approximately 1.377 acres and twelve (12) single household lots into ten
(10) single-household residential lots and the removal of the existing Restricted Sized Lot
(RSL) designation on ten (10) of the original twelve (12) lots.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would not comply with the requirements of the
Bozeman Municipal Code even 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 not to meet the criteria of Chapter 38, BMC, and is
therefore denied. The evidence contained in the submittal materials, advisory body review,
public testimony, and this report did not overcome the requirement of 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.
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 18 of 21
DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 19 of 21
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 project site is designated as R-3 zone. The intent of this zone is established in Chapter 38,
Unified Development Code, BMC and is excerpted below.
From Section 38.08.010, BMC
A. The intent and purpose of the residential zoning districts is to establish areas within the
city that are primarily residential in character and to set forth certain minimum standards for
development within those areas. The purpose in having more than one residential district is to
provide opportunities for a variety of housing types and arrangements within the community
while providing a basic level of predictability. There is a rebuttable presumption that the uses set
forth for each district will be compatible with each other when the standards of this chapter are
met and any applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts. All development is subject to section 38.01.050.
Residential density is correlated with many community goals and objectives that are contained in
the city's adopted growth policy, as well as many standards and purposes of this chapter. Section
38.08.090 sets standards for minimum densities in residential districts which will advance these
goals, objectives, and purposes.
4. 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.
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
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 20 of 21
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: This is an application to re-plat 12 lots, Lots 2-7 & 10-15 in Block 3 of
Baxter Meadows, Phase 4A Subdivision totaling 1.377 acres, into 10 single-household lots. The
property is bounded by Lolo Way on the north, Lemhi Trail Drive on the south, and lots adjacent
to Caspian Avenue on the east and lots adjacent to Lemhi Trail Drive on the west. The
application includes a request to remove the Restricted Size Lots (RSL) designation on the 12
existing lots. This will enable the existing 5,000 square foot lots to be re-platted into 10 lots of
6,000 square foot each.
Project Background: When this property was originally subdivided in 2007, the entire
subdivision consisted of approximately 48 acres platted into 34 lots, 2 private open space parcels,
and one lot for further subdivision. In 2007, the property owner was required to dedicate a
minimum of 10 percent of the net buildable acreage as Restricted Size Lots (RSLs) to help
address affordable housing issues. The 12 lots involved in this application were platted as 5,000
square foot RSLs for single household detached dwelling units. The RSL was recorded on the
individual lots in a manner that it appears on a title search and references the sunset provisions of
the code. The city’s affordable housing ordinance was suspended in 2011 having resulted in no
production of affordably priced homes.
To retain these 12-5,000 square foot lots might have a minor impact on reducing sprawl and
maintain a slightly higher density in the neighborhood. However, there is no requirement to build
the houses on these lots to any level of affordability to meet the intent of the affordable housing
ordinance.
APPENDIX D – NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on December 21 and 28, 2014. Notice
was posted on site on December 18, 2014 and mailed to persons owning property within 200 feet
of the subdivision on December 18, 2014. Notice has been provided at least 15 and not more
than 45 days prior to the Planning Board and City Commission public hearings. The City
Commission public hearing is scheduled for January 26, 2015.
P-14027, Findings of Fact and Order for The Crossing Subdivision Page 21 of 21
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner and Applicant: Al Skogen / Chase Skogen Homes, Inc., 3698 Lemhi Trail Drive,
Bozeman, MT 59718
Representative: Mr. Mark Meissner, 5810 Stagecoach Trail Drive, Bozeman, MT 59718, and
TD&H Engineering, 234 E. Babcock, Suite 3, Bozeman, MT 59715
Report By: Tom Rogers, Associate Planner
FISCAL EFFECTS
This application to re-plat 12 lots into 10 lots will reduce the anticipated increased property tax
revenues from new development, along with reducing the increased costs to deliver municipal
services to the property.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
291