HomeMy WebLinkAboutA3. Valley MeadowsP14062, Staff Report for the Valley Meadows Major Subdivision Page 1 of 35
P14062, Staff Report for the Valley Meadows Major Subdivision
Public Hearing Dates: Planning Board meeting is on April 7, 2015
City Commission meeting is on April 27, 2015
NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS
PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED.
Project Description: A preliminary plat for a major subdivision to subdivide approximately
8.69 acres into 62 townhouse lots with a park, open space area and the extension of two public
streets, Meriwether Avenue and Villard Street.
Project Location: The subject property is generally located south of Durston Road along the
proposed extension of Meriwether Avenue. The property is legally described as a portion of Lot
6, Smith Subdivision, located in the Northwest One-Quarter (NW ¼) of Section 11, Township
Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motions:
Parkland: 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 P14062 and move to approve the Valley Meadows Park Plan, improvements
in-in-lieu, and cash-in-lieu with conditions and subject to all applicable code provisions.
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 P14062 and move to approve the Valley Meadows Major Subdivision with
conditions and subject to all applicable code provisions.
Please note that if the Commission does not accept the proposed hybrid cash-in-lieu of parkland
proposal the subdivision will require modifications requiring material changes and cannot be
approved as submitted.
Report Date: Wednesday, April 22, 2015
Staff Contacts: Tom Rogers, Senior Planner
Bob Murray, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
523
P14062, Staff Report for the Valley Meadows Major Subdivision Page 2 of 35
Project Summary
The property owner, JBE, LLC, 1044 Durham Drive, Bozeman, MT 59718 and applicant Fortin
Construction, LLC, P.O. Box 11811, Bozeman, MT 59719, represented by C&H Engineering
and Surveying, Inc. 1091 Stoneridge Drive, Bozeman MT 59718 have submitted an application
to subdivide approximately 8.69 acres into 62 townhouse lots, with a park, and open space lot. If
approved the Valley Meadows subdivision will result in a net density of 10.87 dwelling unit per
acre. Pursuant to Section 38.42.3120, BMC, a townhomes are defined as a dwelling unit, located
on its own lot that shares one or more common or abutting walls with one or more dwelling
units, each located on its own lot. A townhouse does not share common floors/ceilings with other
dwelling units.
Parkland requirements are proposed to be met through a combination of land, park
improvements, and cash in-lieu of parkland dedication. A complete parkland discussion can be
found in Section 6, effects on local services under primary subdivision review criteria of this
report.
Meriwether Avenue will be extended north through the property to connect with Durston Road,
and Villard Street will be extended through the site to the west property boundary.
The subject property was recently annexed into the City and zoned R-3 (Residential Medium
Density) and R-4 (Residential High Density). The annexation agreement allows the existing
home on the property to continue to utilize on-site water and wastewater systems until further
development occurs.
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.
April 7, 2015 Planning Board Meeting Supplement
The Planning Board held a public hearing on this preliminary plat on April 7, 2015.
Considerable public comment was heard on the proposed subdivision. In addition, written
comment was received by the Community Development Department.
The Board heard the staff presentation, applicant presentation, and public comment. The Board
ended the public meeting and entered Board discussion. However, the Applicant response to
public comment did not occur. Additionally, it was discovered during the Planning Board
Meeting the written comments were not provided to the Planning Board for consideration.
524
P14062, Staff Report for the Valley Meadows Major Subdivision Page 3 of 35
Primary public comment issues:
Safety
Traffic; volume, speed, safety
Road design; curvilinear vs. right angles
Adequacy of provided parking
Neighborhood character with greater density
Quality of life impacts caused by potential renters
Post party detritus
Safety of children playing in street
Discussion and/or questions from the Board’s discussion:
Traffic flow
Calculation of parkland improvements
To allow adequate time to consider and respond to the written comment the Board moved to
continue the public meeting to April 21, 2015.
April 21, 2015 Planning Board Meeting Supplement
The April 21, 2015 Planning Board meeting has not occurred at the time of publication of this
report. Staff will provide a complete summary of the Board’s deliberations and any new topics
of public comment provided to the Board.
A link to the Planning Board meeting will be forwarded to the Commission as soon as it is
available along with a draft Board resolution.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 15
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 19
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 19
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 20
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 20
525
P14062, Staff Report for the Valley Meadows Major Subdivision Page 4 of 35
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 22
Preliminary Plat Supplements ........................................................................................... 27
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 32
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 33
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 34
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 35
FISCAL EFFECTS ....................................................................................................................... 35
ATTACHMENTS ......................................................................................................................... 35
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
526
P14062, Staff Report for the Valley Meadows Major Subdivision Page 5 of 35
527
P14062, Staff Report for the Valley Meadows Major Subdivision Page 6 of 35
528
P14062, Staff Report for the Valley Meadows Major Subdivision Page 7 of 35
529
P14062, Staff Report for the Valley Meadows Major Subdivision Page 8 of 35
530
P14062, Staff Report for the Valley Meadows Major Subdivision Page 9 of 35
531
P14062, Staff Report for the Valley Meadows Major Subdivision Page 10 of 35
Approximate entrance to Merriweather Avenue from Durston Road.
532
P14062, Staff Report for the Valley Meadows Major Subdivision Page 11 of 35
Southern entrance to Merriweather Avenue.
533
P14062, Staff Report for the Valley Meadows Major Subdivision Page 12 of 35
534
P14062, Staff Report for the Valley Meadows Major Subdivision Page 13 of 35
Valley Meadows Blocks 1 - 3
535
P14062, Staff Report for the Valley Meadows Major Subdivision Page 14 of 35
Valley Meadows Blocks 4 – 5 and Park Area
536
P14062, Staff Report for the Valley Meadows Major Subdivision Page 15 of 35
SECTION 2 - 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 plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office
has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
2. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. The subdivider shall provide the necessary declaration and recitals to facilitate the
property owners’ association bylaws and/or declaration of covenants, conditions and
restrictions. Any cost sharing agreements for maintenance shall be included with the final plat.
5. 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.
537
P14062, Staff Report for the Valley Meadows Major Subdivision Page 16 of 35
6. The final plat shall contain the following notation on the conditions of approval sheet in
the final plat: “Ownership of all common open space areas and trails, and responsibility
of maintenance thereof and for city assessments levied on the common open space lands
shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover,
boulevard trees and irrigation systems in the public right-of-way boulevard strips along
all external perimeter development streets and as adjacent to public parks or other
common open space areas. All areas within the subdivision that are designated herein as
common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be
responsible for levying annual assessments to provide for the maintenance, repair, and
upkeep of all common open space areas and trails. At the same time of recording the
final plat for the subdivision, the subdivider shall transfer ownership of all common open
space to the property owners’ association created by the subdivider to maintain all common open space areas within the Valley Meadows Subdivision.”
7. The certificate of dedication on the final plat shall include the specific names of the
streets dedicated to the public for which the City accepts responsibility which will
include Meriwether Avenue and Villard Street.
8. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat conditions of approval sheet. This table shall include but not
be limited to listing all dedicated parkland requirements, parkland or parkland credits and
areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands, common open space, parking facilities) and the total area of each. The final
plat, property owners’ association documents (POA), and park master plan may not
include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the
POA or a park owned by the POA, or a combination thereof the plat, POA documents and park master plan must specifically designate them as common open space owned by
the POA, etc. unless the applicant intends to dedicate public parkland within the
subdivision.
9. Park improvements in-lieu-of parkland dedication shall be a minimum of $76,000 based
on the fair market value of improvements and labor costs as shown on the park master plan in excess of minimum standards under Section 38.27.080, BMC. Improvements in-
lieu do not include required parking improvements as required by Section
38.27.060.A.2(c), BMC. The final plat submittal shall include independent cost estimates
for installed requirement and associated labor cost. Any modifications from the approved
park plan and cash-in-lieu summary may require Commission review and approval.
10. 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.
11. If the City Commission allows cash-in-lieu of parkland dedication the final plat shall
include the Cash-in-lieu certificate to read substantially as follows:
538
P14062, Staff Report for the Valley Meadows Major Subdivision Page 17 of 35
CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND
DEDICATION
In as much as dedication of park land within the platted area of Valley
Meadows Major Subdivision would be undesirable for park and playground purposes, it is hereby ordered by the city commission of the City of Bozeman,
that land dedication for park purposes be waived and that cash-in-lieu, in the
amount of ____________ dollars value in money or improvements, be accepted
in accordance with the provisions of the Montana, Subdivision and Platting Act
(MCA 76-3-101 through 76-3-625) and the Bozeman Municipal Code.
DATED this ____________ day of ____________, ____________.
(Signature) _______________________________
12. 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
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: _____________________________
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,
539
P14062, Staff Report for the Valley Meadows Major Subdivision Page 18 of 35
Walls and Hedges.” This requirement with appropriate exhibits of fence types shall be
addressed and illustrated in the property owner’s association documents. The documents
shall include a single fence style acceptable to the City for locations fronting any public
park.
14. Subdivision lighting SILD information shall be submitted to the Clerk of Commission
after Preliminary Plat approval in hard copy and digital form. The final plat application
will not be deemed complete until the resolution to create the SILD has been approved by
the City Commission.
15. Any public street lighting installed by this development shall be LED.
16. Any required bicycle racks shall conform to the design standards found in Chapter 2.3.9
of the Greater Bozeman Area Transportation Plan, 2007 Update.
17. All stormwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance. Separate document to be recorded
concurrent with plat and document number listed on the condition of approval sheet.
18. Street trees shall be planted in the locations identified on the Utility Services and
Boulevard Tree Spacing exhibit submitted at the request of DRC. A copy of this exhibit
shall be included in the Covenants, Conditions & Restrictions for Valley Meadows
Subdivision to inform future property owners of the pre-authorized locations for initial or
replacement street tree planting.
19. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on each subdivision block of the final plat in their true and
correct location. Any rear or side yard utility easements not provided will require written
confirmation from ALL utility companies providing service indicating that rear or side
yard easements are not needed.
20. All Irrigation wells located within the exterior boundaries of the development shall
include Montana DNRC certificates which shall be provided to the City with the final
plat submittal. All wells shall include a meter or other device to determine consumption.
21. Prior to final plat approval, impact fees specified for fire, water, sewer and streets
deferred at the time of annexation shall be paid in accordance with the Leep Annexation Agreement, dated November 29, 2012, and the Christenot Annexation Agreement dated
November 30, 2012.
22. Drainage plans shall be required for each lot as part of the building permit application.
23. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
24. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
25. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
26. The property is in the Durston Road Improvement payback district. The payback shall be made in accordance with Commission Resolution 4359 prior to final plat approval.
540
P14062, Staff Report for the Valley Meadows Major Subdivision Page 19 of 35
27. The property is in the Meadow Creek Sewer Payback District. The required payback
shall be made prior to final plat approval.
28. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the improvements to correct any deficiencies in workmanship and/or materials which are
found during the two year warranty period. The City of Bozeman shall be named as dual
oblige on the bond.
29. 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.
30. The proposed improvements to the proposed park are not eligible to be financially
guaranteed and must be installed and accepted in writing by the City Department of Parks
and Recreation prior to submittal of the final plat application.
31. 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.”
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Valley Meadows Major Subdivision preliminary plat
File: P14062
Development Review Committee
The Development Review Committee (DRC) reviewed the preliminary plat application on
January 28, February 4 and 11, 2015; and as a result, found that the application, with conditions,
is in general compliance with the adopted growth policy, the Montana Subdivision and Platting
Act and the Unified Development Code. On February 11, 2014 the DRC recommended
conditional approval of the preliminary plat application.
541
P14062, Staff Report for the Valley Meadows Major Subdivision Page 20 of 35
Recreation and Parks Advisory Board
The Recreation and Parks Advisory Board reviewed the proposed subdivision on February 13,
2015. The applicant requested consideration of a combination of land, improvements in- lieu
and cash in-lieu of parkland dedication to meet parkland requirements. The RPAB
recommended the City Commission approve the proposed park plan with combined
improvements and payment of money through the cash in-lieu of dedication of land, in
conjunction with the dedication of approximately a half-acre of land, to meet requirements for
this subdivision. The RPAB comments and recommendations are attached to this report.
Planning Board
The Planning Board will conduct a public hearing on April 7, 2015 on the subdivision to make a
recommendation on the proposed subdivision.
The Planning Board public meeting was continued to April 21, 2015 to allow the Board time to
consider written comment on the application.
City Commission
The City Commission public hearing is scheduled for April 27, 2015 to consider the preliminary
plat and make a final decision.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
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
542
P14062, Staff Report for the Valley Meadows Major Subdivision Page 21 of 35
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other
applicable review agencies, as well as any public testimony received on the matter, the Planning
Board shall forward a recommendation in a report to the City Commission who will make the
final decision on the applicant’s request.
A preliminary plat application was submitted on December 23, 2014 and after the receipt of
additional information required by Title 38 of the Bozeman Municipal Code (BMC) on January
8, 2015 was deemed acceptable for initial review on January 16, 2015. The preliminary plat was
reviewed by the DRC on January 28, and February 4 and 11, 2015. The DRC and Staff
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on February 4, 2015. Pursuant to Section
38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny the
subdivision application by May 29, 2015, unless there is a written extension from the developer,
not to exceed one year.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
February 15, 2015. The site was posted with a public notice on February 12, 2012. 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 February 12,
2015. Public comment has been received on this project and is attached to this report.
On May 2, 2014 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board. The Planning Board is scheduled to consider and make recommendation to the
City Commission on April 7, 2015 and the City Commission is scheduled to make a final
decision at their April 27, 2015 public hearing. The final decision for a Major Subdivision
Preliminary Plat with more than 50 lots must be made within 80 working days of the date it was
deemed adequate; or in this case by May 29, 2015.
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. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
543
P14062, Staff Report for the Valley Meadows Major Subdivision Page 22 of 35
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting the 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 been used for
residential purposes. Therefore, this subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject
property is designated as a residential area according to the City of Bozeman Community Plan;
the area is zoned for residential development, and has begun to develop. Therefore, the proposed
subdivision will have minimal impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer service will be provided by the construction of new
service lines within the street rights of way. 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.
Streets – The extension of Meriwether Avenue and Villard Street will provide access to the
development. Following new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards with
curb, gutter, pavement, boulevard sidewalks and storm water facilities. Bozeman’s land
development regulations place high value on an interconnected street system. Meriwether and
Villard were both designed with their development to be extended to connect to and give service
to adjacent property. This subdivision executes that purpose and design.
544
P14062, Staff Report for the Valley Meadows Major Subdivision Page 23 of 35
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. Condition 17 requires a public utility easement for the
stormwater treatment area to enable adequate public oversight of the facilities.
Parklands – The Applicant proposes creation of 62 single household townhome residences on
5.7042 net acres of land which equates to 10.87 dwelling units per acre. The requirement to
dedicate parkland is enabled through Section 76-3-621(2), Mont. Code Ann. and implemented
pursuant to Section 38.27.020.A.1, BMC. There are both minimum and maximum dedication
requirements.
The parkland dedication for initial subdivision when net density is known at the time of
preliminary plat of 0.03 acre per dwelling unit of land shall be provided. However, Section
38.27.020.A.1(a), BMC states that when the net residential density of development is known at
the time of preliminary plat and net residential density is in excess of eight dwellings per acre,
the requirement for dedication for that density above eight dwellings per acre shall be met with a
cash donation in-lieu of the additional land unless specifically determined otherwise by the
review authority. This application’s net density of 10.87 dwellings per acre exceeds the default
of 8 dwellings per acre. Therefore, the following formula applies to determine the amount of
minimum expected land dedication and cash-in-lieu of parkland:
(DU x PF) - (NRA x Cap x PF) = Parkland to be provided by cash-in-lieu due to density cap
(62 x .03) – (5.7042 x 8 x .03) = 0.491 acres
PF Park Dedication Factor
NRA Net Residential Density Cap DU/Per Acre Limit for raw land (8) DU Dwelling Units
AC Acres required
Summary
Total acres parkland or equivalent required 1.860
Parkland acres provided per preliminary plat 0.532
Cash-in-lieu of parkland for units above 8 du/acre 0.491
Additional raw land or equivalent required 0.837 (36,459.72 sq/ft)
The applicant proposed a hybrid of parkland dedication of 0.532 acres (23,167 square feet),
improvements in-lieu of parkland, and cash in-lieu of parkland dedication to meet minimum
545
P14062, Staff Report for the Valley Meadows Major Subdivision Page 24 of 35
parkland requirements to meet Section 38.27, BMC. The proposed subdivision includes 62
single-household townhome lots requiring 1.86 acres (81,022 square feet) of parkland dedication.
In addition, the specific preference of the developer (Section 38.27.030.A.2, BMC) is to improve
the dedicated parkland above minimum standards to offset the requirements of Section
38.27.080, BMC. Minimum park development standards include leveling the ground, amending
the soil, planting and establishing ground cover, and installation of irrigation which includes a
water supply well.
Pursuant to Section 38.27.030.C, BMC, cash-in-lieu of parkland shall be equal to the fair market
value of the amount of land that would have been dedicated and is calculated by assessing the
fair market value is the value of the un-subdivided, unimproved land after it has been annexed
and given an urban zoning designation. The assessment is done by a certified real estate
appraiser. For illustrative purposes only, recent valuations have indicated the assessed land to
have values between $0.81 to 0.86 per square foot or approximately between $29,532.37 and
31,355.36, respectively.
The subject property is geographically constrained. Section 38.27.060, BMC details park
frontage requirements. The City requires dedicated parkland to 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:
1. Necessary due to topography, the presence of critical lands, or similar site constraints;
and
2. When direct pedestrian access is provided to the perimeters without street frontage; and
3. When additional land area is provided in the park to accommodate the off-street parking
which would have otherwise been provided by the additional length of perimeter streets
and the additional land is developed as a parking area; or
4. When additional land area is provided in the park to accommodate the off-street parking
which would have been provided by the additional length of perimeter streets and, in lieu
of the constructed parking area, an equivalent dollar value of non-parking improvements
within the park are provided according to the individual park plan.
The proposed park has 50 percent frontage. In addition, as elaborated below under the
preliminary plat supplement Street, Road, and Alleys section, due to the linear configuration of
the property park frontage greater than 50 percent would create a non-functioning street network
system and seriously compromise development of the property. The City of Bozeman on-street
parking design standards requires 24 linear feet of curb per parking space. Excluding vision
triangles and adding the park frontage factor 8 vehicular parking spaces are lost due to the 50%
park frontage condition. Therefore, the required area for eight parking spaces is 1,344 square
feet or an additional estimated $1,108.80 in cash-in-lieu of parkland, based on the mean of recent
546
P14062, Staff Report for the Valley Meadows Major Subdivision Page 25 of 35
land assessments plus the constructed costs of the parking spaces. Cost estimates will be
required to show value of improvements to the park with final plat submittal. Improvements are
conditioned to reflect the estimated cost contained in this report. (Condition 9).
Valley Meadows Parkland Summary
Parkland Requirements
Standard parkland dedication requirement 62 DU x .03 1.860
Parkland in excess of cap
(0.491)
1.369
Park frontage increase requirement 8 x 7 x 24 0.031
1.400
Dedicated parkland 0.532
Dedication or equivalent remaining 0.868
Estimated Land Value
Section 38.27.030.C ($0.825) 0.825 x .868 31,193.32
Cash-in-lieu in excess of 8 DU * 0.491 x $0.825 17,645.07
48,838.38
Improvements
Minimum requirements
(38.27.080)($2.559 per sq.ft + Survey) 1.86 x 1.99 + 2K (7,500.00) Parking asphalt, curb, gutter (see
estimate)
(13,854.70)
Proposed park development value (in
excess of 38.27.080)
76,417.00
Credit 55,062.30
Improvement value in excess of cash-in-lieu $6,223.92
* At Commissions discretion
The Applicant provided a summary of parkland dedication on the face of the plat. The
Recreation and Parks Advisory Board (RPAB) subdivision reviewed the proposal on February
547
P14062, Staff Report for the Valley Meadows Major Subdivision Page 26 of 35
13, 2015. Based on site specific considerations the RPAB recommended the City Commission
adopt the proposed park plan with cash-in-lieu. Subsequently, both the park plan was modified
to request a hybrid of cash-in-lieu and improvements-in-lieu of parkland dedication in an email
dated March 20, 2015 (attached).
The location of the proposed park area is ideally suited to be expanded to the west with future
development to augment the parkland to create a larger more functional park space for the
community.
Detailed Park Plan:
The review authority may determine whether the park dedication must be a land dedication, cash
548
P14062, Staff Report for the Valley Meadows Major Subdivision Page 27 of 35
donation in-lieu of land dedication or a combination of both. When making this determination,
the review authority shall consider the following:
1. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances; and
2. The expressed preference of the developer.
Park staff, RPAB, and Planning staff find the proposed package of improvements consistent with
the Park Recreation Open Space and Trails plan, the letter and intent of Article 38.27, BMC, and
the Montana Subdivision and Platting Act.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval. Infill development with municipal services has fewer impacts on the natural
environment than development on urban fringes or in rural areas.
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 been used for residential
purposes. Although there are incidental small animals residing on this and adjacent property,
infill development within the City limits will occur.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and
as a result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 19, 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 the property. The DRC granted a
partial waiver to the supplemental information under 38.41.060, BMC is granted with this pre-
application plan review application for: 1) floodplains, 2) geology-soils-slopes, 3) vegetation, 4)
wildlife, 5) historic features, 6) agriculture, 7) agricultural water user facilities, 8) neighborhood
549
P14062, Staff Report for the Valley Meadows Major Subdivision Page 28 of 35
center 9) miscellaneous, and 10) affordable housing unless the City Commission re-activates this
requirement prior to Final Plat Approval. All applicable information related to the above and
listed in 38.41.060 for review are still required, however, each item may only require a brief one-
paragraph summary review of each of the items listed in 38.41.060, BMC with the preliminary
plat application. This will assist the Planning Board and City Commission in their review of the
application.
A waiver to the supplemental information for the following are not granted: 1) land use, 2)
groundwater, 3) water and sewer, 4) stormwater management, 5) street, roads and alleys, 6)
utilities, 7) parks and recreational facilities, 8) educational facilities, 9) lighting plan, and 10)
surface water. Staff offers the following summary comments on the supplemental information
required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process. There is no surface water on or immediately
adjacent to the subject property.
38.41.060.A.2 Floodplains
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process. There is no surface water on or immediately
adjacent to the subject property.
38.41.060.A.3 Groundwater
Groundwater tends to be moderately high in the area. Ground Water Information Center well
logs indicate static water levels range from six to eight feet below ground surface. City sanitary
sewer and water are proposed for the development. Surface runoff will be controlled by
channeling flows into a retention basin designed to filter sediments and oil, which will reduce the
potential for contamination.
Mitigation for potential high groundwater includes home construction limitations in the
covenants and connection to central sewer and water connection to the City of Bozeman.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. 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.
550
P14062, Staff Report for the Valley Meadows Major Subdivision Page 29 of 35
38.41.060.A.6 Wildlife
Supplement information waived by the DRC. This is a developing urban area. 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 been used for residential purposes. Although
there are incidental small animals residing on this and adjacent property infill development
within the City limits will occur.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. There are no
known cultural resources historical structures existed 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. There are no agricultural water user facilities on
or adjacent to the subject property.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection will be provided by connections to the City of Bozeman
water system. Water for domestic use and fire protection will be provided by connections to the
City of Bozeman water system. The proposed water mains will connect to existing water mains
in Durston Road, Villard Street, and Meriwether Avenue. Water rights or cash-in-lieu thereof
will be transferred with final plat.
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing
sanitary sewer collection system. The proposed sewer collection system will connect to existing
pipe located under Meriwether Avenue and connect the existing system within the Durston Road
right of way.
Additional water and sewer lines will be constructed to serve each individual lot. The City
Engineering Department has reviewed the plans. City Engineering conditioned the subdivision
that all water and sewer service lines shall be located in the standard location as approved by the
water/sewer superintendent.
38.41.060.A.11 Stormwater Management
Storm water facilities will be located within Open Space A located in the northeast corner of the
subject property. Stormwater facilities will be sized appropriately to meet minimum capacity
standards. The location will be identified as “common areas” on the final plat that are owned
and maintained by the homeowner’s association. All storm water facility outlet structures will
be properly landscaped and a minimum distance of not less than ten (10) feet from any
551
P14062, Staff Report for the Valley Meadows Major Subdivision Page 30 of 35
watercourse high water mark will be required. 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
Primary access will be provided by Durston Road, which is defined as minor arterial according
to the Greater Bozeman Area Transportation Plan, 2007 Update. This section of Durston Road
has been constructed to a minor arterial standard. Secondary access will be provided by an
extension of Meriwether Avenue being aligned with Springbrook Avenue on the north side of
Durston Road. Additional access will be provided by a newly constructed extension of Villard
Street to the east. Currently, mid block access to the west is limited by undeveloped and un-
annexed lands. A public access easement has been obtained from the property owner to the west.
Construction of the street extension will occur with development of that tract.
Section 38.23.040.B, BMC states that “Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. 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. In no case shall a block exceed 1,320 feet
in length.” Measuring from north to south, block lengths are 653 and 575 feet respectively.
Considering the site boundaries, layout of adjacent subdivisions, and existing infrastructure, it is
impractical to provide block length less than 400 feet. The east/west transportation network is
established with Durston Road to the north, West Villard Street bisecting the property, and
Mendenhall Street further to the south. Due to the incremental annexation of the area,
development of North Meadows, Phase 1 and 2 Subdivisions bounding the eastern property
boundary staff finds it impractical to provide a block length of 400 feet. In addition, the
proposed block length is substantially less than the maximum allowed.
Sidewalks are an essential part of the street infrastructure. Some sidewalks must be installed with
the initial construction and other sidewalks may be deferred until construction of the homes
within the development. Conditions 25 and 31 give direction for recording of notes on the plat to
inform buyers of their obligations and to require some upfront sidewalk installation.
As part of the street infrastructure lighting must be installed. The physical installation of the
lights is done by the developer. A special improvement lighting district is formed to provide for
the maintenance and operation of the lights over time. Conditions 14 & 15 address lighting.
Condition 15 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 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.
552
P14062, Staff Report for the Valley Meadows Major Subdivision Page 31 of 35
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 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 Valley Meadows subdivision is within the Bozeman School District. A written request for
comment was sent to the Bozeman school District. No response was provided.
38.41.060.A.15 Land Use
The 62 proposed lots comply with the existing zoning designation of R-3 and R-4. All lots are proposed as single household residential townhome lots. Open Space is provided at the northeast
corner of the site around the stormwater retention pond, which is provided for drainage from the
public street right of ways. Valley Meadows is an infill development converting vacant land
with one existing single household on 8.6934 acres into 62 residential lots.
38.41.060.A.16 Parks and Recreation Facilities
The Applicant proposed cash in-lieu of parkland dedication for the development. Pursuant to
Section 38.27.020, BMC 0.03 acres per dwelling unit shall be required. The subdivision consists
of 62 lots which requires 1.86 acres of parkland dedication, less the dedication cap described in
Section 38.27.020.A.1(a), BMC, or equivalent. The Recreation and Parks Advisory Board
(RPAB) was supportive of the plan during the pre-application review. The RPAB affirmed their
support of hybrid approach of meeting the required parkland dedication including dedicated
parkland, cash in-lieu of parkland, and improvement-in-lieu of parkland on February 13, 2015.
The PRAB report is attached to this report.
A full analysis and discussion can be found under the Local Services primary criteria evaluation
above.
The review authority may determine whether the park dedication must be a land dedication, cash
donation in-lieu of land dedication or a combination of both. When making this determination,
the review authority shall consider the following:
3. The desirability and suitability of land for parks and playgrounds based on size,
topography, shape, location or other circumstances; and
4. The expressed preference of the developer.
Also see primary review criteria for parklands discussion above for additional discussion.
553
P14062, Staff Report for the Valley Meadows Major Subdivision Page 32 of 35
38.41.060.A.17 Neighborhood Center Plan
Supplemental information was waived by the DRC during the pre-application process. A
neighborhood center is not required for this development. Pursuant to Section 38.23.020.A,
BMC, only residential developments that are ten net acres in size or greater, shall have a neighborhood center. The proposed park would meet many of the performance standards for a neighborhood center.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. A lighting plan
will need to be submitted for review and approval prior to the contracting, creation of an S.I.L.D.
and installation of lights (Condition 14). The plan shall include a pole light detail with spacing
based on high pedestrian conflict, a local street pole light at one per local street intersection, and
a bollard light detail for placement at pathway/street intersections. All street lights installed shall
use LED light heads lights, including bollard light, and shall conform to the City’s requirement
for cut-off shields.
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 Ordinance (Ordinance
1710) had been suspended by the City Commission.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
Two zoning district classifications apply to the subject property. Valley Meadows is zoned “R-
3” (Residential Medium Density District) and “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.
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.
554
P14062, Staff Report for the Valley Meadows Major Subdivision Page 33 of 35
Pursuant to Section 38.08.080, BMC, minimum net density in the R-3 District is five dwellings
per net acre and R-4 Districts are eight dwellings per net acre. A minimum is required to support
efficiency in use of land and provision of municipal services, and to advance the purposes and
goals of this chapter and the adopted growth policy. The development proposes creating 62
single household lots on 5.7042 net acres or a net density of 10.87 units per acres.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.”
The dwelling unit density expected within this classification varies between 6 and 32 dwellings per
net acre.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A preliminary plat for a major subdivision to allow the subdivision approximately 8.69 acres into
62 townhouse lots with a park, open space, and the extension of two public streets, Meriwether
Avenue and Villard Street.
The property owner JBE, LLC, 1944 Durham Drive, Bozeman, MT 59718, Applicant Fortin
Construction, LLC, P.O. Box 11811, Bozeman, MT 59719, and represented by C&H
Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT 59718 submitted
application to subdivide an existing parcel to create 62 single-household residential townhome
lots with park, open space, and right-of-ways. Parkland will be provided by parkland dedication,
cash in-lieu of parkland, and improvements in-lieu of parkland dedication.
Project Background
The subject properties were annexed into the City of Bozeman (Resolution No. 450 and
Resolution No. 4429) as the Leep Annexation Agreement (Document No. 2440459) dated
November 29, 2012 and the Christenot Annexation Agreement (Record No. 2440474) dated
November 30, 2012.
555
P14062, Staff Report for the Valley Meadows Major Subdivision Page 34 of 35
A pre-application was submitted on June 19, 2014. Based on comments received from the
Development Review Committee and the Recreation and Parks Advisory Board, and Planning
the Applicant made appropriate modification to the proposed subdivision and submitted a
Preliminary Plat Application on December 23, 2014.
APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on June 19, 2014. The pre-application was
reviewed by the DRC on July 2, 9, and 16, 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.
A preliminary plat application was submitted on December 23, 2014 and after the receipt of
additional information required by Title 38 of the Bozeman Municipal Code (BMC) on January
8, 2015 was deemed acceptable for initial review on January 16, 2015. The preliminary plat was
reviewed by the DRC on January 28, and February 4 and 11, 2015. The DRC and Staff
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on February 4, 2015. Both the RPAB and the DRC
provided favorable recommendation was forwarded for consideration by the City Commission.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
February 15, 2015. The site was posted with a public notice on February 12, 2015. Public notice
was sent to adjacent property owners via certified mail, and to all other property owners of
record within 200 feet of the subject property via first class mail, on February 12, 2015. The
February 27, 2015 Planning Board meeting was continued to April 7, 2015. The March 23, 2015
City Commission hearing was continued to April 27, 20154. Public comment on the application
has been received and has been forwarded to the Planning Board and City Commission’s
attention. Comments focus on 5 issues including:
Traffic generated by the development
Extension of Meriwether Avenue
Parking demand
Post party detritus
Retention of the existing neighborhood character
The comments are attached to this report.
556
P14062, Staff Report for the Valley Meadows Major Subdivision Page 35 of 35
On April 1, 2015 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Director for consideration by the
Planning Board. The Planning Board is scheduled to consider and make recommendation to the
City Commission on April 7, 2015 and the City Commission is scheduled to make a final
decision at their April 27, 2015 public hearing. The final decision for a Major Subdivision
Preliminary Plat must be made within 80 working days of the date it was deemed adequate; or in
this case by May 29, 2015.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: Mr. Jared Bratsky, JBE, LLC, 1944 Durham Drive, Bozeman, MT 59718
Applicant: Mr. Chris Fortin, Fortin Construction, LLC, P.O. Box 11811, Bozeman, MT 59719
Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT
59718
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Staff Report
2. Applicant’s submittal materials
3. Supporting documentation
4. Public comment
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
557
Page 1 Appropriate Review Fee Submitted
CITY OF BOZEMAN FEE APPLIES- $
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
DEVELOPMENT REVIEW APPLICATION
1. Name of Project/Development: Valley Meadows Subdivision
2. Property Owner Information:
Name: JBE, LLC (Jared Bratsky) E-mail Address: jaredbratsky@gmail.com
Mailing Address: 1044 Durham Drive, Bozeman, MT 59718
Phone: (406) 581-3334 FAX:
3. Applicant Information:
Name: Fortin Construction, LLC (Chris Fortin) E-mail Address: info@fortinconstructionllc.com
Mailing Address: PO Box 11811, Bozeman, MT 59719
Phone: (406) 556-9913 FAX:
4. Representative Information:
Name: C&H Engineering & Surveying, Inc. E-mail Address: tbalian@chengineers.com
Mailing Address: 1091 Stoneridge Drive, Bozeman, MT 59718
Phone: (406) 587-1115 FAX: (406) 587-9768
5. Legal Description: Part of Lot 6, Smith Subdivision, located in the NW Quarter of Section 11, Township 2 South ,
Range 5 East of P.M.M., Gallatin County, Montana
6. Street Address: South of Durston Road, east and west of the proposed extension of Meriwether Avenue
7. Project Description: Subdivision Preliminary Plat Application to Create 62 Lots, 1 Park, and 1 Open Space Parcel
8. Zoning Designation(s): R-3, R-4 9. Current Land Use(s): Residence/Vacant
10. Bozeman Community Plan Designation: Residential
11. Gross Area: Acres: 8.6934 Square Feet: 378,685 12. Net Area: Acres: 5.7042 Square Feet: 248,477
558
559
560
INTRODUCTION
The proposed Valley Meadows Subdivision is a 62 lot major subdivision located on a 8.69 acre parcel legally described as a part of Tract 6, SMITH SUBDIVISION, according to the plat thereof,
on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and
located in the Northwest Quarter of Section 11, Township 2 South, Range 5 East of P.M.M.,
Gallatin County, Montana. The property is zoned R-3 and R-4.
An Open Space is provided at the northeast corner of the site for stormwater retention. A 0.53 acre park is being proposed at the southwest corner of Villard Street and Meriwether Avenue. It is
anticipated that this park may be expanded in the future when the parcel to the west is developed.
This subdivision is intended to meet the goals and ideals outlined in the City’s adopted growth
policy, the “2020 Community Plan” and the standards included in the City of Bozeman Unified
Development Ordinance.
RESPONSE TO PREAPPLICATION COMMENTS
Please find below the responses to comments received from the City of Bozeman during the
preapplication process. Original comments are in normal type. Responses are in italics.
DEPARTMENT OF COMMUNITY DEVELOPMENT COMMENTS
1. A partial waiver to the supplemental information under 38.41.060, BMC is granted with this
pre-application plan review application for: 1) floodplains, 2) geology-soils-slopes, 3) vegetation, 4) wildlife, 5) historic features, 6) agriculture, 7) agricultural water user facilities,
8) neighborhood center 9) miscellaneous, and 10) affordable housing unless the City
Commission re-activates this requirement prior to Final Plat Approval. All applicable
information related to the above and listed in 38.41.060 for review are still required,
however, each item may only require a brief one-paragraph summary review of each of the items listed in 38.41.060, BMC with the preliminary plat application. This will assist the
Planning Board and City Commission in their review of the application.
A waiver to the supplemental information for the following are not granted: 1) land use, 2)
groundwater, 3) water and sewer, 4) stormwater management, 5) street, roads and alleys, 6)
utilities, 7) parks and recreational facilities, 8) educational facilities, 9) lighting plan, and 10) surface water.
Please make sure to address all other applicable supplemental information as set forth in
Section 38.41.060, BMC, which has not been waived.
These partial waivers have been noted. Additional subdivision preliminary plat supplements
which have not been waived are addressed in this submittal.
2. The preliminary plat shall conform to all requirements of the Bozeman Municipal Code and
the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
(COS) and Subdivision Plats (24.183.1104 ARM).
These preliminary plat requirements have been noted.
561
3. General Comments:
a. The current parkland design does not meet current standards and therefore, is not
supported. Please consider aggregating the separated park areas into one larger park as
suggested by the Recreation and Parks Advisory Board and Staff. Failure to meet park
standards is a valid basis for the City Commission to not approve a subdivision. It is the responsibility of the subdivider to demonstrate that their application meets both the letter and intent of adopted standards.
The parks areas have been aggregated into one larger park and moved to the southwest
corner of the Meriwether/Villard intersection. This allows for 50% street frontage and
the potential for future expansion of this park when the property to the west is developed.
b. Due to the proposed density and distance to any significant park areas increasing the
parkland dedication is strongly encouraged.
The parkland dedication has been increased significantly from 0.14 acres to 0.53 acres.
The park areas have been aggregated into one park with the potential for future
expansion when the property to the west is developed.
c. A variety of housing types is encouraged. Although affordable housing is encouraged,
there is no mechanism in place to deed restrict, or otherwise limit, the market value of
proposed housing. Without such surety there is no basis for the City to consider assertions of affordable housing attainment. Therefore, to further the goals and policies of the Bozeman Community Plan a mix of housing styles is encouraged and the current
design is not supported. Providing multi-household, duplex and intermixing
single-household residential buildings would ameliorate concerns raised at the DRC
review for providing utilities, meeting drive access separation requirements, boulevard planting standards, and other provisions listed below and contained in the UDC. The development to the immediate south of your property has a mix of housing types as does
the Walton Homestead development along N. 15th Avenue, for example.
Chapter 3 of the Bozeman Community Plan describes adopted land use category
descriptions. The proposed Valley Meadows subdivision falls within the Residential category. As such, the intent of this classification states, in part, “The dwelling unit
density expected within this classification varies between 6 and 32 dwellings per net
acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged.”
In addition, Section 38.08.010, BMC states that R-3 and R-4 Zoning Districts
development should provide for a variety of housing types to serve the varied needs of
households of different size, age and character. Subdivisions must comply with both the
growth policy and the zoning standards.
The current layout of the proposed Valley Meadows subdivision includes a mix of
townhome styles, with 8 four-plex townhomes, 2 triplex townhomes, and 12 duplex
townhomes. The proposed dwelling unit density is 10.9 units per net acre, well within the
expected range stated above. The majority of the property is zoned R-4, with 2.00 acres
562
being zoned R-3. Per BMC 38.08.080, the minimum net density for R-4 zoning is 8
dwelling units per acre.
With a net area of 5.70 acres, Valley Meadows subdivision should not be considered a
“large area of single type housing.” In fact, Valley Meadows subdivision provides a very
appropriate transition between the high density development to the east and the
single-family homes to the west. Viewing Valley Meadows subdivision and the
surrounding neighborhoods as a whole, there is an appropriate variation of housing
styles and types.
A meeting was held on November 10, 2014 to further discuss concerns raised at the DRC,
specifically concerns about spacing between water, sewer, gas, and electric services.
Representatives from NorthWestern Energy and the City of Bozeman Water and Sewer
Department were in attendance. During this meeting, it was decided that keeping all
utilities in the front yards would be best. A layout was presented showing utility locations
for the 4-plex lots with 23’ wide interior lots; all parties found the layout agreeable. This
agreed upon utility services layout has been incorporated in the drawing included in
Section IV of this submittal
d. The current block configuration does meet current standards for length as described in
comment number 5 below. With the preliminary plat submittal please address the
criteria for relaxing this design standard.
Please refer to item #12”Streets, Roads, and Alleys” in the “Additional Subdivision
Preliminary Plat Requirements” section of this submittal.
4. Section 38.41.50A.5, BMC “Documents and Certificates” - A draft copy of the covenants,
restrictions, and articles of incorporation for the creation of a homeowners’ association
shall be submitted with the preliminary plat application for review and approval by the Department of Community Development and shall contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of private streets, common
open space areas, public parkland/open space corridors, mail delivery areas, stormwater
facilities, public trails, snow removal, and other areas common to the association pursuant
to Article 41 of the Bozeman Unified Development Code.
These items are addressed in the draft copy of the covenants, restrictions, and articles of
incorporation included in Section IV of this submittal.
5. Section 38.23.040, BMC Blocks. Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. 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. In no case shall a block exceed
1,320 feet in length. In addition, pursuant to section 38.23.040, BMC, no continuous length
of block shall exceed 600 feet without intersecting a street or pedestrian walk as defined by
this section.
Please refer to item #12”Streets, Roads, and Alleys” in the “Additional Subdivision
Preliminary Plat Requirements” section of this submittal.
563
6. Pursuant to Section 38.23.040.D, yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards unless it is adjacent to a rear yard. Yards adjacent to
pedestrian rights-of-way 30 feet wide or greater shall be treated as side yard.
The proposed layout complies with this requirement.
7. Section 38.50.020, BMC “Park Area and Open Space Requirements” - Based on the proposed residential lots being created for the purposes of multi-household townhome
dwellings, 0.03 acres per dwelling of dedicated parkland or approximately 1.89 acres of
parkland are required with this pre-application plan. The most recent proposal (July 25,
2014) shows two park areas totaling 0.4995 acres for a deficit of 1.391-acres. Parkland dedications for the entire development for this property should be discussed with the preliminary plat application. Cash-in-lieu of parkland is only authorized by the City
Commission in limited circumstances.
The proposed layout upon which this submittal is based has a total of 62 lots and a parkland
requirement of 1.86 acres. Since the PreApp, the two parks have been aggregated into a
single 0.5318 acre park, with the potential for future expansion when the property to the west
is developed. The remaining 1.3282 acres is proposed to be provided through cash-in-lieu of
parkland.
8. A park master plan for Valley Meadows will need to be provided with the preliminary plat application per Section 38.27.020 BMC. The applicant should provide the calculated public parkland required with the preliminary plat application.
Please refer to Appendix G for the park master plan. The face of the preliminary plat
includes the public parkland requirement calculations.
9. Section 38.27.060, BMC Frontage. 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 design standards are met. In addition, the RPAB
and Parks/Cemetery Superintendent were not supportive of the fragmented park concept. The Preliminary Plat should address these comments and provide alterative design or other
allowable means of meeting parkland dedication requirements.
Since the PreApp review, the two parks have been aggregated into one park. This park has
street frontage along 50% of its perimeter. With the existing street grid structure, it is not
possible to provide a park with a higher street frontage. When the property to the west is
developed, there is the potential for expansion of this park and an increase in street frontage.
10. The final plat, property owner’s association documents (POA), and park master plan may not
include any reference to “dedicated” open space and Public Park; rather if the areas
designated as such on the preliminary plat are to be common open space owned by the POA or a park owned by the POA, or a combination thereof the plat, POA documents and park
master plan must specifically designate them as common open space owned by the POA, etc.
unless the applicant intends to dedicate public parkland within the subdivision.
This requirement has been noted.
564
11. The definition for “parks” in the property owner’s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to “Public Park”,
unless public parkland is being dedicated with this major subdivision.
This requirement has been noted.
12. Areas to be developed as public parkland must be so noted on the preliminary and final plats, and the proposed park names approved by the Recreation and Parks Advisory Board
(RPAB).
This requirement has been noted.
13. Section 38.41.160 - All materials outlined in 38.41.160 shall be submitted for any variance to the Bozeman Municipal Code that is requested with the preliminary plan.
No variances are being requested with this preliminary plat submittal.
14. If not already done with annexation, Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage facilities for any roadway and/or signalization
improvements identified during preliminary plat review prior to final plat approval. The
Landowner agrees such an SID will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements.
There are two annexation agreements that apply to this property – the Leep Annexation
Agreement (Doc. No. 2440459) and the Christenot Annexation Agreement (Doc. No.
2440474) Each annexation agreement contains two Waivers of Right to Protest, summarized
as follows:
1. Creation of Special Improvement District for a City-Wide Park Maintenance District
2. Creation of Special Improvement District for construction and maintenance of paving,
curb/gutter, sidewalk, and storm drainage facilities for Fowler Avenue and improvements to
the intersections of Durston Road/27th Avenue, Durston Road/Fowler Avenue and West
Babcock Street/Fowler Avenue
15. General. To provide alternative development processes the Landowner may employ
phasing scheme. If applicable the following statement may be required:
The remainder of the Valley Meadows Subdivision, of ______________________(insert
legal description) shall be platted as an undevelopable lot in accordance with Section 38.39.080.B.6, BMC, with the following language placed on each undevelopable lot of the
final plat “Lot development subject to further subdivision review.” No public improvements
shall be required for the undevelopable lot unit it is subdivided as a lot which is not subject to
this restriction. This language shall be placed on the face of the plat or in a separate
executed document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot X (Give the lot a number), of the Valley Meadows, Phase X (give
Phase No.) Subdivision, City of Bozeman, Gallatin County, Montana, that the final plat of
the subdivision was approved by the Bozeman City Commission without completion of on
and off site improvements required under the Bozeman Municipal Code, as is allowed in
Chapter 38.39 of the Bozeman Municipal Code. As such, this Restriction is filed with the
565
final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as
required under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building
Permits will not be issued for Lot X(Give the lot a number), of the Valley Meadows
Subdivision, Phase X (give Phase No.), City of Bozeman, Gallatin County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this
restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision or the written consent of the City of Bozeman.”
The proposed Valley Meadows subdivision is being developed as a single phase.
16. Per Section 38.21.060.C.1, all buildings located on a corner lot shall provide a corner side
yard. Please ensure that all corner lots are large enough to provide an adequate building
envelope.
All corner lots have been checked for adequate building envelopes.
17. The proposed lot dimensions may limit the number of bedrooms per unit to two. Section
38.08.070 – residential garages states that attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are required to be clearly subordinate to the
dwelling.
These requirements have been noted.
18. Section 38.25.030, BMS details parking stall, aisle, and driveway design. The proposed lot
size and configuration will limit the number of bedrooms each unit be allowed. As this is a
consequence of the applicant’s design choices there is no basis for the City to grant a variance related to this issue.
These requirements have been noted.
19. General. The preliminary plat application shall include written correspondence from the
City Water & Sewer Department and appropriate utility providers including Northwestern Energy attesting to the feasibility of providing all required utilities for each townhome lot
and structure.
Written correspondence from Northwestern Energy and the City Water & Sewer Department
is included in Appendix E.
20. 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 improvement.
These requirements have been noted.
566
21. All preliminary plat requirements, as outlined in Article 41, shall be provided with the preliminary plat submittal, unless otherwise approved by the Development Review
Committee via waiver.
All requirements (except those waived by the DRC) have been provided with this preliminary
plat submittal.
22. A complete preliminary plat application shall be submitted to the Planning Department
within one calendar year of the date the Planning Department dates, signs and places
pre-application comments in the outgoing mail.
Pre-application comments are dated August 13, 2014. This preliminary plat application is
being submitted within one year of that date.
23. Deeds will be required to be filed at the time of final plat to transfer ownership of parks and
streets to the City. 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 improvement.
These requirements have been noted.
24. The final plat shall include the following certificate:
CERTIFICATE OF TRANSFER OF OWNERSHIP &
COMPLETION OF NON PUBLC IMPROVEMENTS The following are hereby granted and donated to the property owners association noted
below for their use and enjoyment: (insert description and designations, e.g. open space
parcels, storm water, etc. with each parcel having its own description like open space parcel
A which corresponds to the labels on the plat face). Unless specifically listed in the
Certificate of Dedication, the city accepts no responsibility for maintaining the same. I, (insert subdivider), hereby further certify that the following non-public improvements,
required to meet the requirements of Chapter 38 of the Bozeman Municipal Code, or as a
condition(s) of approval of the subdivision plotted herewith, have been installed in
conformance with any approved plans and specifications prepared in accordance with the
standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded
with this plat.
Installed Improvements: (list as appropriate - STORM DRAINAGE, DETENTION PONDS,
COMMON OPENSPACE IMPROVEMENTS EXCLUDING THOSE LISTED BELOW).
567
Financially Guaranteed Improvements: (list as appropriate - COMMON OPEN SPACE
BRIDGE & LAWN.)
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: ________________
The final plat will include this certificate. A draft of this certificate is included on the
preliminary plat.
STANDARD CODE PROVISIONS
The preliminary plat shall comply with the standards identified and referenced in the Unified Development Code. 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 deviation or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The
following requirements are standards of the Unified Development Code and the Bozeman
Municipal Code (BMC) and shall be addressed with the preliminary plat application:
1. Section 38.02.050 Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as calculated by the Director of Public Works, is due with the filing of each subdivision final
plat.
Water rights, or cash-in-lieu thereof, will be transferred with the filing of final plat.
2. Section 38.08.040. Lot Area and Width. The minimum lot width for a lot within the R-3 and R-4 district is 50 feet; townhome lots shall be the width of the interior units. Lot width must
account for all applicable required yards and maintain a viable building envelope.
Lot widths shown in this preliminary plat submittal account for all applicable required yards
and maintain a viable building envelope.
3. Section 38.21.060.C.1 Yard and height encroachments, limitations and exceptions. All
buildings located on a corner lot shall provide a corner side yard. Please ensure that all
corner lots are large enough to provide an adequate building envelope.
All corner lots have been provided with adequate corner side yards.
4. Section 38.23.030.D, corner lots shall have sufficient width to permit appropriate building
setbacks from both streets and provide acceptable visibility for traffic safety. Further, homes
on corner lots shall have the same orientation as homes on lots on the interior of the block,
unless otherwise approved through an overall development plan. Covenants shall contain information regarding the orientation for all corner lots. The preliminary plat shall indicate
the orientation of all corner lots.
568
The draft covenants included with this submittal contain information regarding the
orientation of corner lots. The preliminary plat contains a note stating “The orientation of
corner lots shall toward the narrower of the two street frontages.
5. Section 38.23.040.D, yards adjacent to pedestrian rights-of-way less than 30 feet wide shall
be treated as corner side yards unless it is adjacent to a rear yard. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards.
These requirements have been complied with.
6. Section 38.23.060, Utility easements shall be provided in accordance with the UDC. The
required 10-foot front yard easement is required for all lots unless written confirmation is submitted with the preliminary plat from ALL utility companies providing service indicating that front yard easements are not needed.
Front yard utility easements are being provided for all lots.
7. Section 38.23.080.D Grading and Drainage. Proposed storm water facilities must be constructed and contained on an individual lot as a common area(s) or parkland owned and maintained by the property owner’s association and noted accordingly in the protective
covenants.
Proposed storm water facilities will be constructed on OS A. It is noted in the CC&Rs that this
open space is owned and maintained by the property owner’s association.
8. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas shall comply with the
provisions set forth in Section 38.26.050.L.
Finish grades in landscaped areas will comply with these provisions.
9. Section 38.23.080.H Landscape Amenities. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape amenities. They shall be an organic feature
with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered
with live vegetation appropriate for the depth and design of the retention/detention facility,
and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of boulders to create a functional yet, natural site feature. A visual inspection notes
that some of the stormwater facilities do not copy with this section including the 25%
maximum slope.
The stormwater retention pond has been regraded to have maximum 25% side slopes. The
proposed pond is approximately 3.5’ deep and will be fenced with a fencing style allowed by
the CC&Rs.
10. Section 38.27.070 “Landscaping of Public Lands” – Installation by the developer of
vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way
boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas is required with the final plat application.
The developer is aware of these requirements.
569
11. Section 38.23.130 “Fences, Walls and Hedges” - Fences located in the front, side or rear yard setback of properties adjacent to any park or common open space shall not exceed a maximum
height of 4 feet, and shall be of an open construction designed in a manner to be consistent
along all park land and open space areas. This requirement with appropriate exhibits of
fence types shall be addressed and illustrated in the property owner’s association documents.
These requirements are addressed in the property owner’s association documents.
12. Section 38.23.120, if mail delivery will not be to each individual lot within the development,
the developer shall provide an off-street area for mail delivery within the development in
cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow any mail delivery area constructed within a City right-of-way.
These requirements have been noted. The USPS has suggested a mail delivery location as
shown on the preliminary plat.
13. Section 38.23.150.C, BMC - Lighting. A lighting plan shall be submitted with the preliminary plat submittal for all local subdivision streets and the SLID for all local subdivision streets shall include all proposed street lights.
A lighting plan has been included in Appendix G. The SLID for all local subdivision streets
will include all proposed street lights.
14. Section 38.25.020.A Parking Dimensions. The property owner’s association documents shall include language stating the minimum provisions for one-stall and two-stall vehicle garages
as outlined by Section 38.25.020.A, BMC.
This language has been included in the property owner’s association documents.
15. Section 38.26.050.E Street Frontage. The property owner’s association documents shall contain language stating that all street rights-of-way contiguous to or within the proposed
development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e.,
street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall
include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and
obtaining utility locations before any excavation begins in the City of Bozeman right-of-way.
The covenants shall include a planting note stating that the planting hole shall be at least twice
the diameter of the root ball, that the root flare of the newly planted tree is visible and above
ground, and there shall be a mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
This language has been included in the property owner’s association documents.
16. Section 38.27.090 Waiver of Park Maintenance District. Executed waivers of right to protest
the creation of special improvement districts (SIDs) for a park maintenance district will be required to be filed and of record with the Gallatin County Clerk and Recorder, unless already
filed with annexation.
A Waiver of Right to Protest Creation of Special Improvement District for a City-Wide Park
570
Maintenance District was filed with both the Leep Annexation Agreement (Doc. No. 2440459)
and the Christenot Annexation Agreement (Doc. No. 2440474)
17. Section 38.38.020 Property Owner’s. All areas reserved for open space and other common
areas (i.e., storm water facilities to be owned and maintained by the property owner’s association will need to be identified on the preliminary plat as “common open space”, not “open space”, and so noted accordingly in the property owner’s association documents.
The naming of open space areas has been changed to comply with this requirement.
18. Section 38.38.030 Covenants. Covenants, restrictions, and articles of incorporation for the creation of a property owners’ association shall be submitted with the final plat application for review and approval by the Department of Community Development and shall contain, but
not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all
additional setbacks required when lots are adjacent to pathway corridors , 3) provisions for
fences, 4) provisions for snow removal, maintenance and upkeep of all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural and landscape requirements for each individual lot and/or phase of the subdivision, including
placement of boulevard trees at a regular spacing for each residential lot, 6) provisions that
outline the renewal of an annual contract with a certified landscape nursery person for the
upkeep and maintenance of all parklands, common open space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations and “no basement restriction”, 9)
architectural guidelines for residential character, porches, fenestration treatment, placement
of garages, boulevard trees, 10) noxious weed control, 11) parking within residential
structures, and 12) assessment of existing and future Special Improvement Districts. These documents shall be submitted to the city attorney and shall not be accepted by the City
until approved as to legal form and effect. A draft of these documents must be submitted for
review and approval by the Community Development Department at least 30 working days
prior to submitting a final plat application. These documents shall be executed and submitted with the initial final plat to be filed with the Gallatin County Clerk and Recorder at
the time of final plat recordation.
A draft copy of the CC&Rs and articles of incorporation will be submitted 30 working days
prior to the final plat application and will include the items listed above.
19. 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. The City may limit the items it allows to be deferred and made
subject to an Improvements Agreement.
The developer is aware of these requirements.
571
20. 38.39.030.B.2 Sidewalks. The final plat and homeowner’s association documents shall include language stating that “upon the third anniversary of the plat recordation of any phase
of the subdivision, any lot owner who has not constructed said sidewalk shall, without further
notice, construct within 30 days, said sidewalk for their lot(s), regardless of whether other
improvements have been made upon the lot.”
This language will be included in the homeowner’s association documents and on the final
plat.
21. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by a person
with experience in weed management and knowledgeable in weed identification. A noxious weed management and revegetation plan, approved by the County Weed Control District, shall be submitted with the preliminary plat.
Please refer to the approved Weed Management Plan in Section IV.
22. Section 38.41.50A.5 Documents and Certificates. A draft copy of the covenants, restrictions, and articles of incorporation for the creation of a property owner’s association shall be submitted with the preliminary plat application for review and approval by the Community
Development Department and shall contain, but not be limited to, provisions for assessment,
maintenance, repair and upkeep of private streets, common open space areas, public
parkland/open space corridors, mail delivery areas, stormwater facilities, public trails, snow removal, and other areas common to the association pursuant to Article 41 of the Bozeman Unified Development Code.
A draft copy of the covenants, restrictions, and articles of incorporation have been included
with this submittal.
Preliminary Plat Submittal Requirements:
Section 38.41.010 “General” - The preliminary plat application will include the
necessary sets of the plans for all of the applicable information as outlined in Article 41, BMC except for the following:
o Twenty full sets of the application, plans and two digital versions on CD-ROM
(JPEG or PDF). Make sure the digital versions of all the supplement information
are separated into individual files generally not over 5mb each. All 20 sets will
include full size plans of both the preliminary plat and preliminary plat certificates page.
o Two sets of the 20 full sets shall include full size drawings of the, landscape plans
for open space corridor and external perimeter streets, master utility plan, master
stormwater facilities master plan, street lighting plan, street profiles and all other
applicable information and data necessary for a complete review of the application. The remaining 18 sets may be reduced 11” by 17” copies.
o The draft copy of covenants, restrictions and article of incorporation for the home
owners association, along with any landscape and building design guidelines may
also be included in the digital copies, with exception of two hard copies of the
572
documents for review by the Community Development Department and DRC members.
These submittal requirements have been noted and complied with.
ENGINEERING DEPARTMENT COMMENTS
STORMWATER:
1. A stormwater master plan will be required at the time of development. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan.
Retention pond sizing and layout of storm drainage facilities is shown on the preliminary
plat. Additional details will be addressed in the construction drawings.
2. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application
form, the appropriate fee, and a Storm Water Management Plan in compliance with the
City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent
of any other storm water permitting required from the State of Montana. A State of Montana Storm Water Pollution Prevention Plan (SWPPP) may be submitted instead of a City of Bozeman SMP, however the City of Bozeman fees still must be submitted. All
necessary City of Bozeman forms and permits can be found on the City’s website at
www.bozeman.net.
A SWPPP will be submitted prior to construction.
WATER AND SEWER:
3. 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.
The transfer of water rights or payment of cash-in-lieu of water rights will occur with final
plat.
4. The location of and distinction between existing and proposed sewer and water mains,
service lines, and all easements shall be clearly and accurately depicted on the plans and
specs, as well as all nearby fire hydrants and proposed fire hydrants.
These items will be clearly and accurately depicted on the plans and specs, as well as all
573
nearby fire hydrants and proposed fire hydrants.
5. The developer will be required to demonstrate that the individual lots within the proposed
layout can be sufficiently served by all public and private utilities while still providing
adequate drive isle widths, street trees, snow storage, and other street frontage requirements.
A meeting was held on November 10, 2014 to further discuss concerns raised at the DRC,
specifically concerns about spacing between water, sewer, gas, and electric services.
Representatives from NorthWestern Energy and the City of Bozeman Water and Sewer
Department were in attendance. During this meeting, it was decided that keeping all
utilities in the front yards would be best. A layout was presented showing utility locations
for the 4-plex lots with 23’ wide interior lots; all parties found the layout agreeable. This
agreed upon utility services layout has been incorporated into the preliminary plat
drawing included in Section IV of this submittal.
6. Hydrants shall be provided the necessary spacing standards and approved by the Bozeman
Fire Department.
Hydrants have been provided as required. Please refer to the preliminary plat drawing in
Section IV.
7. Plans and Specifications for water and sewer main extensions, prepared and signed by a
Professional Engineer (PE) registered in the State of Montana shall be provided to and
approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction
Certification, and preparation of mylar Record Drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required
infrastructure improvements unless concurrent construction is granted.
The developer and engineer are aware of these requirements.
STREETS, CURB & GUTTER, SIDEWALKS, STORM DRAINAGE:
8. The Bozeman Fire Department shall approve any proposed dead-end turnarounds to assure they meet all necessary fire codes.
A temporary dead-end is proposed at the west end of Villard Street. This dead end is the
depth of one lot (approx. 135’) and no turnaround is being proposed.
574
MISCELLANEOUS
9. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
The USPS has proposed a mailbox location as shown on the preliminary plat drawing in
Section IV.
10. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat
Arrangements will be made with the City Engineer’s office to provide addresses for all
individual lots prior to filing of final plat.
RPAB RECOMMENDATIONS
A combination of park and cash-in-lieu would seem to be appropriate, but the park would
have to be too small to be acceptable for dedication. We would like to see credit given for a
private park with public easement. Ideally this park would be located on the corner of
Meriwether and Villard where at least it would have 50% street frontage. If it is located west of Meriwether the possibility exists for future aggregation when the land between this
project and Valley Avenue is annexed and developed. We see this as far preferable to the
proposed “Park 1”.
Since RPAB review, the park has been increased in size from 0.14 acres to 0.53 acres. The
park has also been moved to the southwest corner of Meriwether and Villard. This allows
for 50% street frontage and the possibility for future expansion when the property to the
west is developed. The park is being proposed as a public park.
A 20’ east/west trail easement, set aside for future development could be useful for future connectivity. This could be located along Villard or along the south boundary.
Connectivity is being provided by sidewalks along both sides of Meriwether and Villard.
If cash-in-lieu money were immediately allocated toward improvements to the two nearby
parks, the project would show its neighbors that it is providing more than just a lot more
people. While the city has not work-in-lieu policy in place at this time, such a proposal
would allow the developer to make these improvements and receive dedication credit.
The developer is open to this option if the City adopts a work-in-lieu policy.
575
Additional Subdivision Preliminary Plat Supplements
Page 1 f 5
Additional Subdivision Preliminary Plat Supplements
Valley Meadows Subdivision
1. Surface Water
There is no surface water on or immediately adjacent to this site.
2. Floodplains (Waived)
There are no designated floodplains on or immediately adjacent to this site.
3. Groundwater
According to the City of Bozeman GIS, groundwater levels for the properties surrounding this
site are four to five feet below ground surface. Well log reports were also obtained through the
Groundwater Information Center (GWIC). Three well log reports were found in the general
vicinity of the site. These show static water levels ranging from six to eight feet below ground
surface. Copies of the City of Bozeman GIS water table depth map and the GWIC well log
reports are attached in Appendix F.
Test pits dug in September 2014 showed groundwater levels ranging from 9 to 11.5 feet below
ground surface. Test pit logs are include in Appendix C.
Public City of Bozeman sanitary sewer and water are proposed for the project, minimizing
potential ground water degradation. Surface runoff will be controlled by channeling flows
into a retention basin. The basin will filter sediments and oil, which will reduce the potential
for contamination of downstream aquifers.
4. Geology, Soils and Slope (Waived)
No unusual geological features are present on the subdivision site.
5. Vegetation (Waived)
No wetlands or setbacks are present within the proposed subdivision.
6. Wildlife (Waived)
No critical wildlife species or habitats are known to be found on this property.
7. Historical Features (Waived)
According to Montana Cadastral, the existing residence was built in 1947. It will be removed
during development.
576
Additional Subdivision Preliminary Plat Supplements
Page 2 f 5
8. Agriculture (Waived)
The property may be hayed occasionally. It is not a viable farm unit and is not adjacent to any
viable farm units.
9. Agricultural Water User Facilities (Waived)
No water user facilities exist within this proposed major subdivision.
10. Water and Sewer
Water Supply
Water for domestic use and fire protection will be provided by connections to the City of
Bozeman water system. The proposed water mains will connect to existing water mains in
Durston Road, W Villard Street, and Meriwether Avenue. Please see the Water and Sewer
Design Report in Appendix A for more information.
Water rights or cash-in-lieu thereof, will be transferred with final plat.
Sanitary Sewer
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing
sanitary sewer collection system. A manhole will be installed at the proposed intersection of
Meriwether Ave and Durston Road. From there, sanitary sewage will be conveyed to and
treated at the City of Bozeman’s Water Reclamation Facility. Please see the Water and Sewer
Design Report in Appendix A for more information.
11. Storm Water Management
Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then
underground via storm drain piping to a retention pond on the northeast corner of the property.
Please see the Stormwater Design Report in Appendix B for more information.
12. Streets, Roads, and Alleys
The proposed Valley Meadows Subdivision has legal access onto Durston Road, Meriwether
Avenue, and W Villard Street. The proposed roads will match the established (existing) street
grid structure. Stormwater design will address treatment of stormwater runoff. Sidewalks will
provide pedestrian circulation within the subdivision. Trip generation is estimated at 5.81
trips/day/dwelling unit (per ITE Trip Generation, 8th Edition) for a total of 360 trips/day. A
recent traffic study conducted on this area of Durston Rd. shows an ADT (Average Daily
Traffic) of 5450. If it’s assumed that 70% of Valley Meadows traffic goes to Durston, the
estimated increase in traffic is 4.6%.
There are two annexation agreements that apply to this property – the Leep Annexation
577
Additional Subdivision Preliminary Plat Supplements
Page 3 f 5
Agreement (Doc. No. 2440459) and the Christenot Annexation Agreement (Doc. No.
2440474) Each annexation agreement contains two Waivers of Right to Protest, summarized
as follows:
1. Creation of Special Improvement District for a City-Wide Park Maintenance District
2. Creation of Special Improvement District for construction and maintenance of paving,
curb/gutter, sidewalk, and storm drainage facilities for Fowler Avenue and improvements to
the intersections of Durston Road/27th Avenue, Durston Road/Fowler Avenue and West
Babcock Street/Fowler Avenue
UDC 38.23.040.B states that “Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. 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. In no case shall a block exceed 1,320 feet
in length.” Blocks 4 and 5 are approximately 695 feet long (115’ existing plus 580’ proposed)
and blocks north of W Villard Street have approximately 685 feet of uninterrupted street
frontage. Considering the site boundaries, layout of adjacent subdivisions, and existing
infrastructure, it is impractical to provide block length shorter than 400’ along the proposed
Meriwether Avenue. The existing W Villard Street is being extended further west. The existing
street grid structure does not allow for any other east/west streets and requires block lengths
longer than 400 in both the north and south sides of the subdivision. Due to these design
constraints, Valley Meadows Subdivision is considered to meet the provisions of UDC
38.23.040.B.
UDC 38.23.040.C states that “Blocks shall not be less than 200 feet or more than 400 feet in
width, except where essential to provide separation of residential development from a traffic
arterial or to overcome specific disadvantages of topography and orientation.” Blocks on the
east side of Meriwether Avenue will exceed 400 feet in length due to the existing layout of
North Meadows Subdivision. The proposed subdivision is extending the existing street grid
structure and utilizing the available tie-in points at Meriwether Avenue and Springbrook
Avenue. Blocks on the west side of Meriwether Avenue are anticipated to meet the block width
standards when the land to the west is developed. Considering the site boundaries, layout of
adjacent subdivisions, and existing infrastructure, it is not possible to provide blocks narrower
than 400’ east of Meriwether Avenue. Due to these design constraints, Valley Meadows
Subdivision is considered to meet the provisions of UDC 38.23.040.C.
The pavement design section for Valley Meadows Subdivision is 3” asphalt over 6” of 1½”
minus crushed gravel over 6” of 6” minus pit run. Please see the Pavement Design Report in
Appendix D for more information.
Road maintenance for all streets will be provided by the City of Bozeman after the
improvements have been accepted by the City. Erosion and siltation control will be exercised
during construction by using the appropriate best management practices as outlined in
“Montana Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water
Quality Bureau.
578
Additional Subdivision Preliminary Plat Supplements
Page 4 f 5
13. Utilities
Letters requesting comments on their ability to service this subdivision have been sent to the
following service providers:
Republic Services of Montana, American Medical Response, Bozeman Deaconess Hospital,
Bozeman Public School District, Charter Communications, NorthWestern Energy,
CenturyLink, Streamline Transit, and the United States Postal Service. Response letters from
all of those who chose to comment are enclosed in Appendix E.
NorthWestern Energy provided a response stating that they are willing and able to provide gas
and electric service to the proposed subdivision. A private utility plan will be submitted with
construction drawings. Standard 10’ front yard utility easements will be provided.
14. Educational Facilities
A letter was sent to Kevin R. Barre, Director of Facilities, Bozeman Public Schools. A copy of
the letter and the response are enclosed in Appendix E.
15. Land Use
Valley Meadows Subdivision is proposed as a 62 lot major subdivision. All lots are proposed
as townhouse residential lots. Open Space is provided at the northeast corner of the site around
the stormwater retention pond, which is provided for drainage from the public street right of
ways.
16. Parks and Recreation Facilities
On July 11, 2014 the Recreation and Parks Advisory Board (RPAB) met to review Valley
Meadows Subdivision. At the time of review, a 0.14 acre park was being proposed. This has
been increased to 0.53 acres. The park is located at the southwest corner of Meriwether and
Villard. This allows for 50% street frontage and the possibility for future expansion when the
property to the west is developed. For this subdivision, 0.03 acres per dwelling or 1.86 acres of
total dedicated parkland or equivalent will be required. The RPAB stated support for a
combination of parkland and cash-in-lieu. The Master Park Plan is included in Appendix H of
this submittal.
17. Neighborhood Center Plan (Waived)
The proposed subdivision is less than ten acres and does not include a neighborhood center.
18. Lighting Plan
A Special Improvement Lighting District will be created after preliminary plat approval and
579
Additional Subdivision Preliminary Plat Supplements
Page 5 f 5
before the final plat application. A Lighting Plan is included in Appendix G.
19. Affordable Housing (Waived)
The Workforce Housing Ordinance has been suspended until further notice.
20. Miscellaneous (Waived)
No additional impacts or hazards are anticipated.
21. Stormwater Management Permit Application
A Stormwater Pollution Prevention Plan (SWPPP) will be submitted to the Montana
Department of Environmental Quality prior to construction.
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
Bozeman Recreation & Parks Advisory Board
P.O. Box 1230 · Bozeman, MT · 59771
Park Plan Review
PROJECT: Valley Meadows
PLANNER: Valerie Sutton
FROM: Subdivision Review Committee
DATE OF REVIEW: 2/13/2015
OVERVIEW:
• This is a modification of a project we previously reviewed in July of 2014
• It covers 8.6 acres located between Durston and Villard St. bisected by a planned
extension of Meriwether Ave. It is now proposing 62 single-family townhome units. Its
parkland requirement has been calculated at 1.365 acres. The applicant is proposing a
0.53 acre park with the balance to be cash-in-lieu. COMMENTS:
• We view this plan as a significant improvement over the original proposal. The park is
larger and better located with 50% street frontage, the maximum possible in this subdivision.
• The applicant is proposing developing the park far beyond the required minimums and
is requesting a proportional reduction in his cash-in-lieu requirement.
RECOMMENDATION:
• This is an infill project proposing to provide a significant amount of inexpensive
housing in the west-central area. It is a small project with considerable existing
constraints. It strikes us as a far better use of this land than the existing vacant area and should be encouraged.
• Combining park with cash-in-lieu is appropriate in this instance. Meeting the parkland
requirement in full would kill the project and all cash-in-lieu would be a disservice to
the residents and the neighborhood. We endorse the proposed combination.
• We understand that there is no policy in place for improvements-in-lieu but we do see this proposal as potentially a better value for the city and the residents of this project.
Respectfully submitted, Sandy Dodge, Chair, Subdivision Review Committee
601