HomeMy WebLinkAboutC3. Valley Meadows FOF
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Wendy Thomas, Director of Community Development SUBJECT: Valley Meadows Major Subdivision Preliminary Plat Findings of
Fact and Order, P14062 MEETING DATE: June 8, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Valley Meadows Major Subdivision Preliminary Plat Application.
BACKGROUND: On April 27, 2015, the City Commission held a public hearing on an
application for preliminary plat approval for the Valley Meadows Major Subdivision.
The Commission voted to accept the Valley Meadows Park Plan which included dedicated
parkland and improvements in-lieu of parkland dedication (4:0).
To address public comment and safety concerns the Commission, as recommended by the Planning Board, amended the main motion to require the applicant to set aside money to perform
traffic counts and construct appropriate traffic mitigation, if warranted (time stamp 2:41:00).
The condition as created by the Commission reads as follows (see Condition No. 32):
“The Applicant shall coordinate with the City to perform a traffic study upon
completion of Meriwether Avenue, prior to construction of any residential structures, to establish baseline traffic counts and assess whether or not the City’s
traffic calming measures are warranted. If traffic calming measures are warranted
the Applicant shall install appropriate traffic calming measures as determined by
the City Engineering Department or secure an approved Improvement Agreement
pursuant to Section 38.39, BMC prior to Final Plat Approval. The Applicant is solely responsible for all cost associated with the traffic study and any warranted
traffic calming measures.”
In conclusion, the Commission unanimously voted to approve the subdivision as a whole (4:0).
State law provides that the governing body shall “provide a written statement to the applicant
detailing the circumstances of the condition imposition.” The statement must include: 1) the reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3)
information regarding the appeal process for the condition imposition. To proceed with
submitting a final plat application for the initial phase(s) of the subdivision, the applicant must
have a dated and signed Findings of Fact and Order.
If the applicant wishes, they may request a modification to the conditions of approval through the procedures established in Chapter 38, BMC. The Commission may not unilaterally alter the
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Commission Memorandum
wording of the conditions in the findings of fact as the findings of fact are the record of the review as it happened and not as it may have been desired to happen.
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: May 29, 2015
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Return to:
City of Bozeman
City Clerk
PO Box 1230 Bozeman MT 59771-1230
BOZEMAN CITY COMMISSION FINDINGS OF FACT AND ORDER FOR
STAFF REPORT FOR THE VALLEY MEADOWS MAJOR SUBDIVISION
PRELIMINARY PLAT, P14062
Public Hearing Dates: Planning Board meeting on April 7 and 21, 2015
City Commission meeting is on April 27, 2015
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
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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, June 03, 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.
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.
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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.
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 continued its public meeting on the proposed subdivision. A
link to the meeting can be found here:
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http://www.avcaptureall.com/Sessions.aspx#session.b5c84dc7-c9a8-4bb0-b968-6441bcc5444d
In summary the Board heard additional public comment on the development. During Board
discussion a member of the City of Bozeman Planning Board moved to amend the main motion
(time stamp 01:00:25) to not accept cash-in-lieu or improvements-lieu of parkland was moved
and seconded. The amendment passed on a 4 to 2 vote. The amendment passed. This
amendment makes condition of approval 9 irrelevant.
The City of Bozeman Planning Board moved to amend the main motion to require an additional
condition of approval requiring the Subdivider to perform a traffic study after an undetermined
number of lots were sold and/or developed to assess and potential installation of warranted traffic
calming measures. The motion was seconded. After discussion the motion was withdrawn.
The City of Bozeman Planning Board moved to bring back the withdrawn motion by adding
additional language (01:12:30) allowing the Subdivider to voluntarily mitigate traffic impacts
caused by the development. The motion included a condition of approval to require the
Applicant to reserve funds to cover the cost of traffic study and the installation of traffic calming
features to be performed when a certain number of lots are sold to including speed humps or
other traffic mitigating as determined by Engineering. The motion was moved and seconded.
The amendment passed on a 5 to 1 vote. The amendment passed.
In conclusion the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, as amended and with
conditions, the Major Subdivision Preliminary Plat Application would comply with those
requirements in a vote of, 5:1.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 16
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 20
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 20
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 21
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Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 21
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 23
Preliminary Plat Supplements ........................................................................................... 29
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 34
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 37
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 38
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 38
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 39
FISCAL EFFECTS ....................................................................................................................... 39
ATTACHMENTS ......................................................................................................................... 39
SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
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Approximate entrance to Merriweather Avenue from Durston Road.
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Southern entrance to Merriweather Avenue.
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Valley Meadows Blocks 1 - 3
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Valley Meadows Blocks 4 – 5 and Park Area
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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.
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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:
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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,
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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.
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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.”
32. The Applicant shall coordinate with the City to perform a traffic study upon completion of Meriwether Avenue, prior to construction of any residential structures, to establish
baseline traffic counts and assess whether or not the City’s traffic calming measures are
warranted. If traffic calming measures are warranted the Applicant shall install
appropriate traffic calming measures as determined by the City Engineering Department or secure an approved Improvement Agreement pursuant to Section 38.39, BMC prior to Final Plat Approval. The Applicant is solely responsible for all cost associated with the
traffic study and any warranted traffic calming measures.
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
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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.
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 held 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. A summary of the meeting is included in this Findings of Fact under the Executive
Summary section.
City Commission
The City Commission held a public hearing on April 27, 2015 to consider the preliminary plat
and make a final decision. Public comment was heard on the application.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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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 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.
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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.
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.
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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.
Public comment focused on roadway safety, increased traffic on Meriwether Avenue after
construction, and roadway design. Specifically, whether or not connecting Meriwether Street
through the subject property would increase traffic levels to an unsafe level.
The Commission determined that establishing a baseline of traffic prior to construction of homes
in the development to assess whether or not additional traffic mitigation measures were
warranted would be the most effective means of addressing public comment and safety concerns.
Therefore, the Commission, as recommended by the Planning Board, amended the main motion
to set aside dollars to perform traffic count and construct appropriate traffic mitigation, if
warranted (time stamp 2:41:00). Commissioner Andrus amended her motion to require that an
agreement between the City and the Subdivider be entered into prior to final plat approval
covering specific issues raised by the City Attorney prior to final plat approval to including
money for the study, money for mitigation, the thresholds for mitigation, and timing when study
is done (time stamp 2:53:06). The amendment was not seconded or voted on and, therefore, was
not adopted as part of the record. Mayor Krauss called the question (time stamp 3:00:00) on
amendment (time stamp 3:00:15). The amendment passed unanimously (4:0). See Condition
No. 32.
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
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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
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
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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
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)
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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
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.
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Detailed Park Plan:
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:
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.
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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
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)
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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.
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.
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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
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-
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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.
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
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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.
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.
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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.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a major subdivision for
the subdivision of approximately 8.69 acres into 62 single-household residential townhome
lots, one (1) open space lot, one (1) Park, and with the remaining area as street right of ways.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
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of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
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_________________________________
GREG SULLIVAN
City Attorney
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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.
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.”
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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.
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.
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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.
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
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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.
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