HomeMy WebLinkAboutC6. Cattail FOF
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson B. Brekke, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Findings of Fact and Order for the Cattail Properties Major
Subdivision Preliminary Plat, Application No. P14054. MEETING DATE: May 11, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Cattail Properties Major Subdivision Preliminary Plat Application No. P14054. BACKGROUND: On April 6, 2015, the City Commission held a public meeting for an
application for preliminary plat approval of the Cattail Properties Major Subdivision. The
Commission approved (3:2) the proposed subdivision application subject to conditions and code
provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State law provides that the governing body shall provide a written statement to the
applicant detailing the circumstances of the condition imposition. The statement must include:
1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition;
and 3) information regarding the appeal process for the condition imposition. To proceed with
submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order. The Findings of Fact and Order can be
found in Section 7 of the attachment.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: April 28, 2015
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230 Page 1 of 26
City Commission Findings of Fact and Order for Cattail Properties Major
Subdivision Preliminary Plat, Application No. P14054
Public Hearing Dates: Planning Board meeting on March 17, 2015
City Commission meeting on April 6, 2015
Project Description: A major subdivision preliminary plat application associated with a planned
unit development (PUD) preliminary plan application to allow the subdivision of 5.208 acres into
48 townhouse lots, 4 single-household lots, and 2 open space lots.
Project Location: Lots 3&4, Block 10 of Cattail Creek Subdivision Phase 2A, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approved with conditions.
Report Date: Monday, May 04, 2015
Staff Contact: Allyson B. Brekke, Associate Planner
Bob Murray, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Project Summary
Property owner Taylor Properties, Inc. and applicant Bayliss Architects, P.C., with
representation by Genesis Engineering, submitted a preliminary plat application requesting the
subdivision of 5.208 acres in Phase 2A of the Cattail Creek Subdivision. The major subdivision
divides the acreage into 48 townhouse lots, 4 single-household lots, and 2 open space lots; and
associated with a planned unit development (PUD) preliminary plan application. The two
applications were reviewed concurrently but were acted upon independently. Parkland
requirements are being met by the original parkland dedication from the original Cattail Creek
Subdivision which created the tract being developed. The original dedication was found to be
adequate for the proposed preliminary plat application.
The subject property is located within Phase 2A of the Cattail Creek Subdivision at the
southwest corner of Cattail Street and Blackbird Drive. The current zoning of the property is R-
3 (Residential Medium Density District).
No subdivision variances were requested. Several relaxations were considered with the PUD
preliminary plan application.
The Planning Board held a public hearing on March 17, 2015 and reviewed the preliminary plat
application. The Board asked questions in regards to the relaxations being requested with the
associated planned unit development preliminary plan application and then opened it up for the
applicant to present followed by accepting public comment. After considering Staff’s findings
and all public comment received, the Board voted 5-2 recommending approval of the preliminary
plat as conditioned by Staff. A copy of the video of the hearing can be found here.
Following the Planning Board hearing, Staff identified the wording of conditions 6, 20, 26, 27
and 28 needed to be slightly modified to be accurate. None of the changes were substantial in
nature.
Alternatives Considered by the Commission:
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.
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Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues .............................................................. Error! Bookmark not defined.
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES- ADD MAPS AND PLAT ............................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 13
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 14
Preliminary Plat Supplements ........................................................................................... 16
APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND ................... 20
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 23
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 24
APPENDIX D – RECREATION AND PARK ADVISORY BOARD COMMENTS ................ 25
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 26
FISCAL EFFECTS ........................................................................ Error! Bookmark not defined.
ATTACHMENTS .......................................................................... Error! Bookmark not defined.
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SECTION 1 - MAP SERIES- ADD MAPS AND PLAT
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SECTION 2 – REQUESTED VARIANCES
No subdivision variances were requested. Several relaxations were considered with the planned
unit development preliminary application for the same property. Those relaxations were analyzed
under the PUD staff review. The City Commission considered both at the same meeting.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the proposed subdivision of the property and the
preliminary plat application. Additional conditions may apply to the planned unit development
application that was considered concurrently with the subdivision.
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all
required documents, including certification from the City Engineer that as-built drawings
for public improvements were received, a platting certificate, and all required certificates.
The final plat application shall include three (3) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the BMC or State law.
3. A Conditions and Notes sheet shall be included with the final plat.
4. All common open space areas shall be clearly designated on the plat with sequential lettering such as Common Open Space A, Common Open Space B, etc. All references
within covenants, application materials, etc shall clearly refer to the identified open space
areas.
5. The final plat shall include a transfer of private improvements certificate to read
substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-
PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association
noted below for their use and enjoyment: Common Open Space parcels
designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate
of Dedication, the city accepts no responsibility for maintaining the same. I,
(Subdivider), hereby further certify that the following non-public improvements,
required to meet the requirements of Chapter 38 of the Bozeman Municipal
Code, or as a condition(s) of approval of the subdivision plotted herewith, have
been installed in conformance with any approved plans and specifications
prepared in accordance with the standards of Chapter 38 or other City design
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standards, or have been financially guaranteed and are covered by the subdivision
improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document Number
______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________
6. The private open space areas with public access for which PUD performance points are
claimed pursuant to Section 38.20.090.E.2.(7)(b) shall not be reduced in size and shall be provided as a public open space and trail easement with the final plat. The easement boundaries and area shall correspond with the approved common space areas and trail
system.
7. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Cattail Properties Property Owners Association and binding property owners to contribute to the maintenance and upkeep of publicly accessible open space areas and trail system required to be
maintained by the Property Owners Association.
8. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation
system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas in each phase is required prior to the final plat application of that phase in accordance with the requirements of Section
38.27.070 “Landscaping of Public Lands”. This includes the common open spaces
providing pedestrian walks.
9. 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.
10. Fences located in the front, side or rear yard setback of properties adjacent to any park or
publicly accessible open space shall not exceed a maximum height of four (4) feet, and
shall be of an open construction designed in a manner to be consistent along all park land and open space areas. Proposed fencing shall conform to Section 38.23.130 “Fences, Walls and Hedges.” This requirement with appropriate exhibits of fence types shall be addressed
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.
11. A table shall be provided on the Conditions and Notes Sheet of the final plat showing the amount of park area dedicated with Cattail Creek Subdivision Phases 2A and 2B that has been credited for the Cattail Properties PUD.
12. All stormwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance.
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13. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and approval with the public improvements plans and specifications. All street light poles shall be installed a minimum of 10’ from any water or sewer main or appurtenance.
14. The 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.
15. The applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of Special Improvement District (SID) for a park maintenance district.
16. 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
17. The Conditions and Notes sheet of the final plat shall contain the following language that is readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the
subdivision:
“Due to the potential of high ground water tables in the areas of the subdivision,
it is not recommended that residential dwellings or other structures with full or
partial basements be constructed without first consulting a professional engineer
licensed in the State of Montana and qualified in the certification of residential
and commercial construction.”
18. 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.”
19. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
20. 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. The
interior lots without street frontage shall be addressed off of either Blackbird or Street “A”.
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Monument style signs shall be placed at the alley’s intersection with both public streets,
outside of any required street vision triangles, to provide direction to those units with the
applicable addresses.
21. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
22. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
23. 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.
24. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,
with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of easement.
25. The water and sewer mains in “B” Street shall be a minimum of 10’ from the proposed
right of way line.
26. No building permits shall be issued prior to substantial completion and City acceptance of
the required infrastructure improvements unless all provisions of 38.39.030.D of the
Bozeman Municipal Code are met.
27. Snow removed from the private streets and alleys shall be stored within the private
street/alley rights of way, common open space, or removed off site. Snow from the private
streets/alleys shall not be placed or stored on the adjacent public streets or park areas.
28. Concurrent with 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 property owners association all open space proposed to be conveyed to the property owners association and all its right, title, and interest in any
improvements made to such 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
property owners association. 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 property owners association. For personal property installed upon owned
open space, the subdivider shall provide an instrument acceptable to the City Attorney
transferring all its rights, title and interest in such improvements including all applicable
warranties to such improvements to the property owners association.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified.
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SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Cattail Properties Major Subdivision Preliminary Plat Application
File: P-14054
Development Review Committee (DRC)
DRC held its fourth meeting on February 18, 2015 to consider the subdivision preliminary plat
and the coordinating preliminary planned unit development plan. The DRC found that the
application is sufficient for review, and made a recommendation to the Planning Board and City
Commission to approve the planned unit development and subdivision with conditions.
Design Review Board (DRB)
The DRB reviewed the planned unit development proposal at their February 25, 2015 meeting
and considered the criteria established for residential planned unit developments. Discussion
points amongst the members included overall support for narrower streets in site development,
some concern of snow removal on the site and statements that the relaxations allow for a unique
site development. The DRB adopted the findings presented in the staff report and voted
unanimously to recommend approval of the preliminary plan application and forwarded its
recommendation of conditional approval to the City Commission. A copy of the DRB meeting
video can be viewed here.
Recreation and Parks Advisory Board – Subdivision Subcommittee (RPAB)
RPAB reviewed the proposal on February 13, 2015 and provided comments concurring with
staff findings and noting that the proposed trail provides good pedestrian connections.
Planning Board
The Planning Board public hearing to consider the preliminary plat occurred on March 17, 2015.
Discussion points amongst the members included details of the PUD relaxations that directly
affected the subdivision design and the proposed density of the PUD development compared to
the originally proposed density for the property with Cattail Creek Subdivision. After hearing
and considering comment from four members of the public, the Planning Board adopted the
findings presented in the staff report and voted 5-2 to recommend approval of the preliminary
plat application for the Cattail Properties Major Subdivision Preliminary Plat. A copy of the
video of the hearing can be found here.
City Commission
The City Commission held a public hearing on the subdivision preliminary plat and the
associated planned unit development preliminary plan on April 6, 2015. After hearing and
considering all public testimony, the City Commission adopted the findings presented in the staff
report and voted 3-2 to recommend approval of the preliminary plat application for the Cattail
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Properties Major Subdivision Preliminary Plat. A copy of the video of the hearing can be found
here.
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
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 November 12, 2014 and after the receipt of
additional information on January 20, 2015 as required by Title 38 of the Bozeman Municipal
Code (BMC) the application was deemed acceptable for initial review. The preliminary plat
was reviewed by the DRC on January 28 and February 4, 11 and 18, 2015. The DRC and Staff
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determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on February 11, 2015.
Public notice for this application was published in the Bozeman Daily Chronicle on Sundays,
March 1 and 15, 2015. The site was posted with a public notice on February 27, 2015. 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
26, 2015. Information about public comment received is included in Appendix C.
On March 13, 2015 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Community Development Director for
consideration by the Planning Board. The Planning Board made their recommendation to the
City Commission on March 17, 2015. The City Commission is scheduled to make a final
decision at their April 6, 2015 public hearing. The final decision for a Major Subdivision
Preliminary Plat must be made within 60 working days of the date it was deemed adequate; the
scheduled public hearing is within this timeframe.
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.
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 by 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
The PUD has proposed alternate street sections for some portions of the project. If the City
Commission approves the requested alternate section then all of the proposed lots have frontage
to public streets constructed to City standards with lot frontage meeting minimum standard
shown on the preliminary plat. In addition, pursuant to Section 38.24.090.A, BMC, plats shall
contain a statement requiring lot accesses to be built to the standard contained in this section, the
city design standards and specifications policy, and the city modifications to state public works
standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential area according to the City of Bozeman
Community Plan. The area is zoned for residential development and the surrounding area is
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being used for residential purposes. The property was previously developed as part of the Cattail
Creek Subdivision and was removed from any agricultural use at that time. Therefore, this
subdivision will have no 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
and is zoned for residential development. Therefore, the proposed subdivision will have no
impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Water and sewer mains will be collected internally in the subdivision and will
discharge/connect into the existing municipal water and sewer services in the adjacent street
right-of-ways. Each lot will connect to the constructed water and sewer mains designed to the
appropriate design standard and shall be located in the standard location as approved by the
water/sewer superintendent. The mains installed to service these lots with the Cattail Creek
Subdivision were sized to accommodate more than the number of proposed homes.
Streets – The DRC determined that the existing adjacent streets in combination with the
proposed street and alley network within the subdivision will have capacity to accommodate this
townhome 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.
Street “A” runs north-south within the subdivision and is proposed at the standard 60-foot local
street right-of-way width. Street “B” runs east-west within the subdivision and is proposed less
than the local street standard at 42-feet wide. The reduction in width is requested as a relaxation
with the planned unit development (PUD) preliminary plan application. If the City Commission
approves the PUD preliminary plan, then the DRC has determined the reduced street width is
satisfactory with recommended conditions of approval. Placement of Street A, in conjunction
with the existing Blackbird Drive, provides adequate street connections to adjacent undeveloped
property.
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. Directional signs for the non-
standard addresses will be provided.
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.
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Parklands - Following review of the methodology used to calculate parkland and open space
dedications, and verifying that the parkland the applicant is taking credit for was previously
dedicated with the original Cattail Creek Subdivision, the DRC determined that the requirements
for parkland and open space in the Cattail Properties Subdivision PUD are satisfied with the
proposal. Park spaces are adjacent to the proposed development on the south and east.
The Recreation & Parks Advisory Board reviewed the proposal on February 13, 2015 and
provided comments concurring with staff findings and noting that the proposed trail provides
good pedestrian connections.
4) The effect on the Natural environment
No significant physical or topographical features were identified, (e.g., outcroppings, geological
formations, steep slopes), on the subject property. Provisions will be made to address the control
of noxious weeds and maintenance of the property and will be further addressed by inclusion in
the existing protective covenants and compliance with the recommended conditions of approval.
5) The effect on Wildlife and wildlife habitat
The subject property is designated as a residential area according to the City of Bozeman
Community Plan and is zoned for residential development. The impacts to the more important
habitat areas were addressed and mitigated during the review of the original Cattail Creek
Subdivision and are preserved as dedicated subdivision parkland. Further, the project is in an
area identified for development. There will be no demonstrated impacts on wildlife and wildlife
habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. The
Department of Community Development has reviewed this application against the listed criteria
and further provides the following summary for submittal materials and requirements. The
property is located within the service area of the Bozeman Fire and Police Departments. As
discussed above, the City water and sewer services will be provided. Public health and safety
appears to be protected.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on July 30, 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
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partial waiver to the supplemental information under 38.41.060, BMC, specifically for: 1)
surface water, 2) floodplains, 3) groundwater, 4) geology, 5) vegetation, 6) wildlife, 7) historical
features, 8) agriculture, 9) agricultural water user facilities, 10) educational facilities, 11) parks
and recreation facilities, 12) neighborhood center plan, and 13) miscellaneous. These issues
were adequately addressed during the Cattail Creek Subdivision review which created the tract.
A waiver to the supplemental information for the following items was not granted: 1) water and
sewer, 2) stormwater management, 3) streets, roads and alleys, 4) utilities, 5) land use, 6)
lighting and 7) stormwater management permit. Staff offers the following summary comments
on the supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental surface water 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 floodplain information was granted a waiver to the supplemental information
requirement by the pre-application process. There are no floodplains on or immediately adjacent
to the subject property.
38.41.060.A.3 Groundwater
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process. There are is no significant groundwater on or
immediately adjacent to the subject property.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental geology, soils and slopes information was granted a waiver to the supplemental
information requirement by the pre-application process. 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 vegetation information was granted a waiver to the supplemental information
requirement by the pre-application process. No significant or critical vegetation exists on the
subject property. Noxious weeds are being controlled by the required Noxious Weed
Management Plan. In addition, there are ongoing performance measures required with the Weed
Management Plan to insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
Supplemental wildlife information was granted a waiver to the supplemental information
requirement by the pre-application process. 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.
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38.41.060.A.7 Historical Features
Supplemental historical feature information was granted a waiver to the supplemental
information requirement by the pre-application process. There are is no significant historic
features on or immediately adjacent to the subject property.
38.41.060.A.8 Agriculture
Supplemental agriculture information was granted a waiver to the supplemental information
requirement by the pre-application process. There are no significant agriculture features on or
immediately adjacent to the subject property.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental agricultural water facility information was granted a waiver to the supplemental
information requirement by the pre-application process. There are no significant agricultural
water user facilities on or immediately adjacent to the subject property.
38.41.060.A.10 Water and Sewer
Water and sewer mains will be collected internally in the subdivision and will discharge/connect
into the existing municipal water and sewer services in the adjacent Cattail Street and Blackbird
Drive right-of-ways.
The sewer will be collected internally with 8-inch sewer mains. The internal mains collect in the
northeast corner of the subdivision and discharge into the existing 8-inch sewer main in
Blackbird Drive. The existing 8-inch main in Blackbird Drive continues north to Cattail Street
where it is intercepted by a 24-inch sewer main. Several sanitary sewer manholes are proposed
along the main internal street in the subdivision, with one additional manhole in Blackbird Drive.
Service connections (4-inch) are proposed for each lot and will be designed to the appropriate
design standard and shall be located in the standard location as approved by the water/sewer
superintendent.
The water will be distributed internally with 8-inch water mains. The internal mains will be
connected to the existing 12-inch water main in Cattail Street and the existing 8-inch water main
in Blackbird Drive. All proposed water mains will be designed to meet the separation
requirements from all proposed sanitary and stormwater mains. Service connections are
proposed for each lot and will be designed to the appropriate design standard and shall be located
in the standard location as approved by the water/sewer superintendent.
See Appendix Z in the applicant’s submittal materials for additional information.
38.41.060.A.11 Stormwater Management
The project’s major drainage system is comprised of natural swale on the south boundary, the
two public streets and alleys and the existing stream on the east boundary of the Cattail Creek
Subdivision parkland east of the subject property. Per condition no. 12, all stormwater facilities
not on property dedicated to the City of Bozeman require public utility easements for storm
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water facility maintenance. See Appendix M in the applicant’s submittal materials for more
information.
38.41.060.A.12 Streets, Roads and Alleys
The DRC determined that the existing adjacent streets in combination with the proposed street
and alley network within the subdivision will have capacity to accommodate this townhome
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.
Street A runs north-south within the subdivision and is proposed at the standard 60-foot local
street right-of-way width. Street B runs east-west within the subdivision and is proposed at less
than the 60 foot width local street standard at 42-feet wide. The reduction in width is requested
as a relaxation with the planned unit development (PUD) preliminary plan application. If the
City Commission approves the PUD preliminary plan, then the DRC has determined the reduced
street width is satisfactory with recommended conditions of approval.
See Appendix D in the applicant’s submittal materials for more information.
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.
38.41.060.A.14 Educational Facilities
The original Cattail Creek Subdivision is within the Bozeman School District. The District has
already provided a letter indicating capacity for the subdivision’s original proposed density. This
preliminary plat proposes a density that is within that original subdivision estimate.
38.41.060.A.15 Land Use
This residential major subdivision is proposing 46 townhome lots, 4 single-household lots and two open space lots.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental recreation and parks facilities information was granted a waiver to the
supplemental information requirement by the pre-application process.
Following review of the methodology used to calculate parkland and open space dedications, and
verifying that the parkland the applicant is taking credit for was previously dedicated with the
original Cattail Creek Subdivision, the DRC determined that the requirements for parkland and
open space in the Cattail Properties PUD are satisfied with the proposal.
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The Recreation & Parks Advisory Board reviewed the proposal on February 13, 2015 and
provided comments concurring with staff findings and noted that the proposed trail provides
good pedestrian connections.
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.
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 per condition no. 13. 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.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a major subdivision of a
tract of record to allow the subdivision of 5.208 acres into 48 townhouse lots, 4 single-
household lots, and 2 open space lots.
B. The purpose of the preliminary plat review was to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application for Cattail Properties Major Subdivision was
considered by the City Commission at a public hearing on April 6, 2015 at which time the
Department of Community Development Staff reviewed the project and reported that three
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letters of public comment had been received prior to the hearing in response to the noticing
on the matter of this preliminary plat application.
D. Bayliss Ward from Bayliss Architects and Chris Wasia from Genisis Engineering,
representing the property owner, discussed the design of the subdivision and indicated the
applicant’s agreement with the recommended conditions of approval.
E. The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application and no members of the public commented. After receiving all
public testimony, the City Commission then closed the public comment portion on the matter
of the preliminary plat application.
F. It then appeared to the City Commission that all parties and the public wishing to examine
the proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found the proposed preliminary plat would comply with the requirements of the Bozeman
Municipal Code if certain conditions were imposed. Therefore, being fully advised of all
matters having come before them regarding this application, the City Commission makes the
following decision:
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this document and the correction of
any elements not in conformance with the standards of the Chapter including those identified
in Section 4 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
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DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Property owner Taylor Properties, Inc. and applicant Bayliss Architects, P.C., with
representation by Genesis Engineering, submitted a preliminary plat application requesting the
subdivision of 5.208 acres in Phase 2A of the Cattail Creek Subdivision. The major subdivision
proposes dividing the acreage into 48 townhouse lots, 4 single-household lots, and 2 open space
lots and is associated with a planned unit development (PUD) preliminary plan application. The
two applications are being reviewed concurrently but will be acted upon independently.
Parkland requirements are met by parkland dedication from the original Cattail Creek
Subdivision, which has been found to be adequate for the proposed preliminary plat application.
The subject property is located within Phase 2A of the Cattail Creek Subdivision at the
southwest corner of Cattail Street and Blackbird Drive. The current zoning of the property is R-
3 (Residential Medium Density District).
No subdivision variances are being requested. Several relaxations are being considered with the
PUD preliminary plan application.
The proposed townhome lots will be organized around a central open space with a trail system
running through its core to create a functional, cohesive and connected development. There are
two dedicated street right-of-ways proposed through the property, Street “A” running north-south
at a standard local street width and Street “B” running east-west at a reduced local street width.
Two alleys provide internal circulation and connect with Street “A” and Street “B”. A central
park (common open space) is proposed with a trail that would provide pedestrian connectivity to
city sidewalks and the existing trail system outside the project. The central open space and trail
are proposed to be accessible to the public.
The overall proposed development is intended to be integrated into the Cattail Creek
neighborhood by providing a pedestrian path connecting to the adjacent neighborhood park to
the east by a combination of trails and sidewalks around the perimeter of the development and
through the proposed central open space.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3 (Residential, Medium Density District). The intent and
purpose of the R-3 zoning district is to provide for the development of one- to five-household
residential structures near service facilities within the city. It should provide for a variety of
housing types to serve the varied needs of households of different size, age and character, while
reducing the adverse effect of nonresidential uses.
Adopted Growth Policy Designation:
The property is designated as Residential in the Bozeman Community Plan. 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,
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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. 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 limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX C – NOTICING AND PUBLIC COMMENT
The hearings before the Planning Board and City Commission were 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 November 12, 2014 and after the receipt of
additional information on January 20, 2015 as required by Title 38 of the Bozeman Municipal
Code (BMC) the application was deemed acceptable for initial review. The preliminary plat
was reviewed by the DRC on January 28 and February 4, 11 and 18, 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 11, 2015.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sundays, March
1 and 15, 2015. The site was posted with a public notice on February 27, 2015. 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 26,
2015. Three letters of public comment have been received for this application and are attached
to this report. One comment stated they hoped the proposal could enhance the existing parks and
trails in the subdivision. One comment was concerned with the relaxations to standards
requested. One comment spoke about overall concern with the density proposed and the
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relaxations requested. Staff finds the proposed central open space and pedestrian connections to
the existing Cattail Creek Subdivision parkland as enhancement. Additionally, Staff finds the
proposed performance points justify the PUD relaxations requested and demonstrate a superior
design than what could be achieved with the current standards. Lastly, the originally anticipated
density for this parcel was much greater than with the current townhome configuration, which is
why there is an excess of parkland associated with this property.
On March 13, 2015 a major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Community Development Director for
consideration by the Planning Board. The Planning Board public hearing occurred on March 17,
2015 to consider the preliminary plat and forward a recommendation to the City Commission.
After hearing and considering public comment, the Planning Board adopted the findings
presented in the staff report and voted 5-2 to recommend approval of the preliminary plat
application for the Cattail Properties Major Subdivision Preliminary Plat.
Five persons testified on this item at the Planning Board public hearing. The full testimony may
be seen in the video record of the public hearing which can be found here. Public Comment
addressed the following topics: 1) development’s contribution to parkland maintenance and
improvements, 2) snow removal on smaller internal streets, 3) concern about reduction in
backing distance, 4) parking enforcement, 5) traffic along Davis Lane and 6) questions about the
future site development.
On March 30, 2015 a major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Planning Board for consideration by the City
Commission. The City Commission made a final decision at their April 6, 2015 public hearing.
The final decision for a Major Subdivision Preliminary Plat must be made within 60 working
days of the date it was deemed adequate; the Commission public hearing was within this
timeframe.
APPENDIX D – RECREATION AND PARK ADVISORY BOARD
COMMENTS
PROJECT: Cattail Properties PUD
FROM: Subdivision Review Committee
DATE OF REVIEW: 2/13/2015
OVERVIEW:
• This project is a new phase of the existing Cattail PUD. It is located south of Cattail
Street between Warbler Way and Blackbird Drive.
• The dedication requirement has been met in previous phases; as such no new parkland is
proposed in this phase
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• There is a small amount of open space in the center of this phase which will be
landscaped and have a trail installed across it, providing trail connection to the existing trails and parkland.
COMMENTS:
• The proposed trail provides good pedestrian connections.
RECOMMENDATION:
• Given the assurance from Planning that the dedication requirement has been satisfied, we
have no objection to the absence of parkland in this phase.
FISCAL EFFECTS:
• N/A
ALTERNATIVES:
• N/A
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner: TAYLOR PROPERTIES, INC, 20101 SW Birch Street, Suite 151, Newport Beach, CA
92660
Applicant: Bayliss Architects, PO Box 1134 Bozeman MT 59771
Representative: Genesis Engineering, 204 N 11th Ave, Bozeman, MT 59715
Report By: Allyson B. Brekke, Associate Planner
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