HomeMy WebLinkAboutC12. Four Points FOF
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
Wendy Thomas, Director of Community Development SUBJECT: Four Points Phase II Major Subdivision Preliminary Plat Findings
of Fact and Order, 15526 MEETING DATE: May 9, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Four Points Phase II Major Subdivision Preliminary Plat Application.
BACKGROUND: On April 18, 2016, the City Commission held a public hearing on an
application for preliminary plat approval for the Four Points Phase II Major Subdivision.
The Commission voted to accept the Four Points Park Plan which included dedicated parkland
and improvements to park areas. (5:0).
The Commission reviewed the overall subdivision and unanimously voted to approve the subdivision preliminary plat, application 15526 (5:0).
State law provides that the governing body shall “provide a written statement to the applicant
detailing the circumstances of the condition imposition.” The statement must include: 1) the
reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3)
information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must
have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order Report compiled on: April 27, 2016
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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 the Four Points
Phase II Major Subdivision Application 15526
Public Hearing Dates: Planning Board April 5, 2016; City Commission April 18, 2016
Item: Four Points Phase II Major Subdivision Preliminary Plat application to allow the
subdivision of two lots of approximately 36.1 acres into twelve lots for multi-household development, one parkland corridor lot and associated streets and infrastructure.
Project Location: 2545 Veronica Street, 3605 Kimberwicke Street, generally southwest of
the intersection of Davis Lane and Cattail Street. Lots 4 and 5 of the Four Points Minor
Subdivision in the SE ¼ of Section 34, Township 1S, Range 5E, City of Bozeman, Gallatin
County, Montana. The subject property is approximately 36.1 acres and is zoned R-4 (Residential High Density District).
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 15526 and move to approve the Four Points Phase II Park Plan with conditions
and subject to all applicable code provisions.
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Main Motion: Having reviewed and considered the application materials, public comment,
and all information presented, I hereby adopt the findings presented in the staff report for
application 15526 and move to approve the preliminary plat with conditions and subject to
all applicable code provisions.
Report Date: Tuesday, May 03, 2016
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action-Quasi Judicial
EXECUTIVE SUMMARY
Project Summary
The property owner and applicant, Four Points, MT LLC represented by Madison
Engineering have submitted an application to subdivide two lots of approximately 36.1 acres into twelve lots for multi-household development, one parkland corridor lot, and
associated streets and infrastructure.
The site is zoned R-4, Residential High Density and is generally southwest of the intersection of
Davis Lane and Cattail street. This subdivision is phase II of the Four Points Subdivision which
began due east of Chief Joseph Middle School. Phase I consisted of the dedication of a 5.36-acre city park along Ferguson Avenue, the construction of Cattail Street from Davis Lane to Ferguson
Avenue and the development of multi-household housing on two lots zoned R-3 and R-4. Four
Points phase II is proposed for the development of multi-household housing that is anticipated on
six lots. Three lots are proposed as common open space wetland lots with deed restrictions to
protect wetlands and water resources. Two lots are proposed with stormwater facilities to treat subdivision stormwater. Two lots are proposed to be transferred to the City of Bozeman, one
with a public lift station and one for a city park linear trail corridor. The subdivision is proposed
to be phased, being developed generally from west to east.
The final decision for a Major Subdivision Preliminary Plat under 50 lots in size must be made within 60 working days of the date it was deemed adequate for review, or in this case by May 25,
2016.
Unresolved Issues
No unresolved issues have been identified at this time.
Advisory Board Recommendations
The Development Review Committee (DRC), Wetlands Review Board (WRB) and Recreation & Parks Advisory Board (RPAB) have all reviewed the project and made affirmative
recommendations to the City Commission.
The Bozeman Planning Board held a public hearing on Tuesday, April 5, 2016 to review the
application and hear public testimony. One written comment was submitted and testimony was
received from the public. The public comment focused on two issues: first a request that the
public comment period be extended and second, a comment regarding the location of an adjacent
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trail corridor in the Cattail Subdivision near the intersection of Cattail Street and Davis Lane.
The members of the Board discussed the proposed preliminary plat application in regards to the
character of the area and the intent of the subdivision and zoning district; and reviewed the
application against the requirements of the Montana Subdivision and Platting Act and found that,
with conditions, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15526 and
voted to recommend approval of the preliminary plat application, with the conditions as outlined
in the staff report, 7:1. The recommendation was provided to the Commission in board resolution
P-15526 and the discussion is summarized in the Planning Board meeting minutes from April 5,
2016.
The two public comments submitted at the Planning Board meeting are the only public
comments that have been received.
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 subdivision criteria contained within the staff report; or
4. Continue review on the application, with specific direction to staff or the applicant to
supply additional information or to address specific items.
Commission Action
The Bozeman City Commission held a public hearing on Tuesday, April 18, 2016 to review the
application and hear public testimony. No additional testimony was received from the public.
The City Commission discussed the proposed preliminary plat application in regards to the
character of the area and the intent of the subdivision and zoning district; and reviewed the
application against the requirements of the Montana Subdivision and Platting Act and found that,
with conditions, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15526 and
voted to approved the preliminary plat application, with the conditions as outlined in the staff
report, 5:0.
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TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS ..................... 11
SECTION 5 – RECOMMENDATIONS AND FUTURE ACTIONS ......................................... 11
SECTION 6 – STAFF ANALYSIS .............................................................................................. 12
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 12
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 14
Preliminary Plat Supplements ........................................................................................... 17
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 24
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 26
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 27
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 27
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 28
APPENDIX E – PUBLIC COMMENT AND ADDITIONAL INFORMATION ....................... 28
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SECTION 1 – MAP SERIES
Map 1: Surrounding Zoning
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Map 2: Future Land Use
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Map 3: Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
No variances have been requested in conjunction with this preliminary plat application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. Mandatory compliance with the explicit terms of Chapter 38, Bozeman Municipal Code
(BMC) does not constitute conditions of approval. The conditions of approval may require
compliance with more than the minimum standards in order to conform to the physical and
economic development of the City, and to the safety and general welfare of the future lot owners
and of the community at large. The applicant must comply with all provisions of the Bozeman
Municipal Code which are applicable to this project.
Recommended Conditions of Approval:
Planning
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 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 final sheet of the plat.
3. The applicant must 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. 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)
must transfer ownership to the City of all dedicated parkland and any lift station lot proposed to be conveyed to the City and all its right, title, and interest in any improvements made to such parkland or lift station lot. For the transfer of real property,
the subdivider or owner of the property must 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
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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 lift
station lot, 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.
5. Prior to final plat approval, in conjunction with proposed deed restrictions and common
open space lots, the subdivider (or owner of the property being subdivided if the owner is
not the subdivider) must transfer ownership to the property owners’ association all
common open space lots proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such common 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, quit claim 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 property owners’ association. For personal property installed upon dedicated parkland or lift station lot,
the subdivider shall provide the property owners’ association an instrument acceptable to
the City Attorney transferring all its rights, title and interest in such improvements
including all applicable warranties to such improvements.
6. The deed restrictions for common open space lots must be recorded at the time of recording of the final plat and prior to the recording of the deed transferring ownership to
the property owners’ association.
Engineering
7. Any new detention or retention facilities must accommodate the requirement to capture the first 0.5-inches of runoff per the City of Bozeman (COB) Design Standards and Specifications Policy. This calculation was not provided for Sub-Basin B1, which feeds
into the new detention pond #4. This calculation was also not provided for stormwater
from the Kimberwicke extension, which feeds into the new detention pond #5.
8. The provided stormwater calculations do not accommodate Veronica Way. The stormwater master plan must accommodate runoff from this street.
9. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a) Street improvements to Davis Lane including paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and
storm drainage.
c) Intersection improvements to the intersection of Davis Lane and Baxter Lane.
d) Left-turn lane improvements at the intersection of Davis Lane and Kimberwicke Street, if not constructed by the developer.
The document filed must specify that in the event an SID is not utilized for the
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completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of said improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof.
10. Kimberwicke Street must be constructed to a local street standard from the intersection with Caspian Avenue to the intersection with Davis Lane prior to any final site plan
approvals associated with proposed Lots 2, 3, 4 or 5 in Block 3 (BMC 38.24.010.A). A
no-build restriction will be placed on these lots until the identified section of
Kimberwicke Street is constructed.
11. Veronica Way must be constructed between Kimberwicke Street and Cattail Street prior to any site plan approvals of Lot 2-Block 1, Lot 4-Block 2, or Lots 2, 3, 4 or 5 in Block 3
(BMC 38.24.010.A). A no-build restriction will be placed on these lots until the
identified section of Veronica Way is constructed.
12. Upon construction of Kimberwicke Street, the auxiliary left-hand turn lane on Davis Lane must be constructed as defined in the submitted traffic impact study.
13. Irrigation from the exempt wells on the project may not exceed the limits for an exempt
well as defined by the Montana Department of Natural Resources. This shall be
demonstrated prior to final plat approval.
14. A water main must be constructed in the Kimberwicke Street right-of-way to the intersection with Davis Lane to allow future extension and looping of the water system.
15. Sidewalk must be constructed on the existing local street north of Kimberwicke between
Vaquero Parkway and Caspian Avenue.
16. Shared use paths must be constructed prior to final plat approval for any phase containing
a share use path and with the construction of the adjacent street.
17. 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.
18. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of
Environmental Quality and Army Corps of Engineer's shall be contacted regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval.
19. Plans and Specifications for water and sewer main extensions, streets, and storm water
improvements, prepared and signed by a professional engineer (PE) registered in the
State of Montana shall be provided to and approved by the City Engineer. Water and
sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record
drawings. Construction shall not be initiated on the public infrastructure improvements
until the plans and specifications have been approved and a preconstruction conference
has been conducted.
20. Any public street lighting installed by this development must be LED.
21. Subdivision lighting SILD information must be submitted to the Clerk of Commission
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after Preliminary Plat approval in hard copy and digital form. The final plat will not be
deemed complete until the resolution to create the SILD has been approved by the City
Commission.
Recreation and Parks Advisory Board
22. Way finding signage must be placed at both the north and south ends of the proposed trail in the city linear park, Lot 7, Block 3 subject to the review and final approval of the City
Parks, Recreation and Cemetery Department.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
None.
SECTION 5 – RECOMMENDATIONS AND FUTURE ACTIONS
Development Review Committee
The Development Review Committee (DRC) reviewed the preliminary plat application on
December 16, 23 2015, February 17, 24 and March 2, 2016 and 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. The DRC recommends conditional
approval of the preliminary plat application.
Wetlands Review Board
The Wetlands Review Board (WRB) reviewed the preliminary plat application on January 7, 2016 and voted unanimously to recommend approval of the proposed subdivision. The WRB
concurred that is appropriate to allow a 20 foot wetland setback on the west side of the proposed
property boundary between Lot 1 and Lot 2 of Block 2. The Board supported the linear parkland
improvements within the 50’ Wetland Setback within the proposed City Linear Park, Lot 7
Block 3. The Board noted that best practices regarding the deed restricted lots would be to minimize any vegetation removal, grading and structures.
Recreation & Parks Advisory Board
The Recreation and Parks Advisory Board (RPAB) subdivision committee reviewed the
preliminary plat application on January 7, 2016 recommended approval of the proposed
subdivision with a proposed condition that way finding signage must be placed at both the north and south ends of the proposed trail in the City Linear Park, Lot 7, Block 3. They noted that at
the north end, as sign should indicate that the trail will continue north with a slight job to the
west on Cattail Street. At the south end, a sign should note that the trail ends, as there is no
connection across Davis Lane at this time. When a future trail connection is constructed east of
Davis Lane, the small gap on Kimberwicke Street will need to be addressed.
Planning Board
The Bozeman Planning Board held a public hearing on Tuesday, April 5, 2016 to review the
application and hear public testimony.. One written comment was submitted and testimony was
received from the public. The public comment focused on two issues: first a request that the
public comment period be extended and second, a comment regarding the location of an adjacent
trail corridor in the Cattail Subdivision near the intersection of Cattail Street and Davis Lane.
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The members of the Board discussed the proposed preliminary plat application in regards to the
character of the area and the intent of the subdivision and zoning district; and reviewed the
application against the requirements of the Montana Subdivision and Platting Act and found that,
with conditions, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15526 and
voted to recommend approval of the preliminary plat application, with the conditions as outlined
in the staff report, 7:1.
City Commission
The Bozeman City Commission held a public hearing on Tuesday, April 18, 2016 to review the
application and hear public testimony. No additional testimony was received from the public.
The City Commission discussed the proposed preliminary plat application in regards to the
character of the area and the intent of the subdivision and zoning district; and reviewed the
application against the requirements of the Montana Subdivision and Platting Act and found that,
with conditions, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15526 and
voted to approved the preliminary plat application, with the conditions as outlined in the staff
report, 5:0.
SECTION 6 – STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other pertinent information
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.
The site is not within an overlay district and does not have any applicable special use review
criteria unique to the project. The proposed subdivision meets minimum design standards for
subdivision lots and access pursuant to Section 38.23.030, BMC.
There are no Code provisions requiring plan corrections. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project, prior to receiving final plan approval. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, do not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
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
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Montana. As noted in recommended condition 1, the final plat must comply with State statute,
the 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
1. Pursuant to Section 38.03.040.A.5 (f), BMC conditional approval of the preliminary plat
shall be in force for not more than one calendar year. Prior to that expiration date, the applicant may submit a letter of request for the extension of the period to the Director of
Community Development for consideration. The City may at the written request of the
applicant, extend its approval for a mutually agreed upon time. More than one extension
may be requested for a particular subdivision. Each request shall be considered on its
individual merits as provided for in Section 38.03.040.A.5 (g), BMC.
2. Pursuant to Section 38.03.060.A.1, BMC 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 has been satisfactorily addressed, and specifically (tab, page,
paragraph, etc.) where this information can be found.
3. Pursuant to Section 38.23.060.A, BMC all easements, existing and proposed, shall be accurately depicted and addressed on the final plat and in the final plat application.
4. The final covenants, conditions, restrictions and easements shall be submitted with the final
plat application for review and approval by the Planning Division and shall contain, but not
be limited to, the provisions required in Section 38.38.020, BMC.
5. Pursuant to Section 38.39.010., if it is the developer’s intent to file the final plat prior to installation, certification, and acceptance of all required improvements by the City of
Bozeman, 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.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
A subdivision pre-application was submitted on September 21, 2015. The pre-application was
reviewed by the Development Review Committee (DRC) on October 7, 14 and 21, 2015 and
summary review comments were forwarded to the applicant in preparation of the preliminary
plat application.
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A preliminary plat application was submitted on November 4, 2015 and was deemed
unacceptable for initial review on November 13, 2015. Revised application materials were
submitted on December 3, 2015 and deemed acceptable for initial review. The preliminary plat
was reviewed by the DRC on December 16 and 23, 2105. The DRC deemed the application
inadequate for continued review on December 23, 2015. Revised application materials were
submitted on February 1, 2016 and deemed acceptable for initial review. The DRC reviewed the
application on February 17 and 24, 2016. On March 2, 2016, the DRC determined that the
application and additional supporting materials submitted were adequate for continued review,
and further recommended approval with conditions and code provisions to be forwarded to the
City Commission for consideration.
Public notice was sent to property owners of record within 200 feet of the subject property via
first class mail, on March 17, 2016. Notice was posted on the site March 18, 2016. The
Bozeman Daily Chronicle posted a legal notice for the proposed subdivision on March 20, 2016.
On March 30, 2016 this subdivision staff report with a recommendation of conditional approval
was forwarded to the Planning Board, which is scheduled to hold a public hearing on April 5,
2016. A public hearing and final decision will occur at the City Commission meeting on April
18, 2016. The final decision for a Major Subdivision Preliminary Plat with less than fifty lots
must be made within 60 working days of the date it was deemed adequate for review on March
2, 2106, or in this case by May 25, 2016.
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 are to be met. 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 2) 3 above, and required by Section 38.23.060.A, BMC, all
easements, existing and proposed, shall be accurately depicted and addressed on the final plat
and in the final plat application. 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
As shown on the preliminary plat, proposed all lots have legal and physical access exceeding
minimum requirements in Section 38.24.090 (2) via Blondie Street, Veronica Way Milkhouse
Avenue and Kimberwicke Street. Conditions 10, 11, 12, 15 and 17 apply to this issue.
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
1) The effect on agriculture
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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 is surrounded by residential
development. There are no viable farm units located on the property. Therefore, this subdivision
will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
Agricultural water user facilities are present on site and located on Lot 1, Block 1 and Lot 2
Block 2. A blanket easement exists over the property to allow future water flow through and
maintenance access to these facilities. Lot 1, Block 1 and Lot 2 Block 2 will be deed restricted
wetland and common open space lots. No development is proposed on those lots. The plat
includes note 2 on sheet 3 of 3 that notifies property owners regarding the agricultural water user
facilities and the related requirements. 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 is developing in accordance with regulations. Therefore, the proposed
subdivision will have minimal impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer service will be provided by the construction of new
service lines within the street rights of way. Each lot will connect to the constructed water and
sewer mains designed to the appropriate design standard and must be located in the standard
location as approved by the water/sewer superintendent. Adequate capacity exists to support the
proposed subdivision. Cash in lieu of water rights is required by Condition 17 to provide City
water supply for the life of this project.
Streets – Local streets Blondie Street, Veronica Way and Kimberwicke Street will be improved
with City standard asphalt surfacing and curb, gutter and sidewalks providing access to the
development. Following new water and service line installations to accommodate the new lots,
all street improvements will be constructed to acceptable City standards with curb, gutter,
pavement, boulevard sidewalks and storm water facilities. Conditions 10, 11, 12, 15 and 17
apply to this issue. Bozeman’s land development regulations place high value on an
interconnected street system. With conditions, this subdivision executes that purpose and design.
Future improvements may be necessary to support transportation in the vicinity of this site and to
accommodate the demand produced by this subdivision. Condition 9 applies to this issue.
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 Engineering Division 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 is required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
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are shown on the face of the plat. The stormwater design does not satisfy all the applicable
requirements of the City of Bozeman. Conditions 7 and 8 apply to this issue.
Parklands –The requirement to dedicate parkland is enabled through Section 76-3-621(2), Mont.
Code Ann. and implemented pursuant to Section 38.27.020.A.1, BMC. There are both minimum
and maximum dedication requirements.
The parkland dedication requirement at initial subdivision when net density is known at the time
of preliminary plat is 0.03 acre per dwelling unit of land. Parkland must be provided for density
up to a limit of 12 dwelling units per acre. The applicant proposes to satisfy parkland for the
maximum 12 units per acres density allow within the zoning district for each lot. The proposed
residential density in Phase II requires a total of 4.94 acres of parkland dedication. A 5.23 acre
park was dedicated and improved with Phase I and a parkland requirement of 1.95 acres was
required for the two lots platted in Phase I. Phase II proposes to dedicate and improve an
additional 1.66 acres of parkland as a linear park. Linear parks are not required to meet the street
frontage requirements of 38.27.060 BMC as they are meant to convey a trail corridor that may
not be adjacent to streets. A total of 6.89 acres of city parkland is required between Phases I and
II. A total of 6.89 acres (5.23 + 1.66) of total city parks will be provided following the
improvement of the Phase II trail corridor in the proposed linear park. A table is provided on
sheet 3 of 3 of the plat summarizing the dedication and parkland credit allocated to each
individual lot.
The Recreation and Parks Advisory Board (RPAB) subdivision committee reviewed the proposal
on January 7, 2016. Based on site specific considerations the RPAB recommended that the City
Commission approve the proposed master park plan and accept the linear park with a trail
corridor as depicted in the proposed park plan. They recommend Condition 22 that requires that
way finding signage must be placed at both the north and south ends of the proposed trail in the
City Linear Park, Lot 7, Block 3. They noted that at the north end, as sign should indicate that
the trail will continue north with a slight job to the west on Cattail Street. At the south end, a sign
should note that the trail ends, as there is no connection across Davis Lane at this time. When a
future trail connection is constructed east of Davis Lane, the small gap on Kimberwicke Street
will need to be addressed. Park staff, RPAB, and planning staff find the proposed park plan is
consistent with the Park Recreation Open Space and Trails plan, the letter and intent of Article
38.27, BMC, and the Montana Subdivision and Platting Act.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. A watercourse and significant areas
of wetlands are present on site. The wetland areas and watercourse are proposed to be platted on
common open space wetland lots. The applicant proposes deed restrictions on those lots that will
prevent the removal of vegetation, the placement of structures and modifications to existing
grades without City approval. Appropriate wetland buffers are shown on the preliminary plat to
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protect water resources and water quality. The Wetlands Review Board (WRB) reviewed the
preliminary plat application on January 7, 2016 and voted unanimously to recommend approval
of the proposed subdivision. The WRB concurred that it is appropriate to allow a 20 foot wetland
setback on the west side of the proposed property boundary between Lot 1 and Lot 2 of Block 2.
The Board supported the linear parkland improvements within the 50’ wetland setback within the
proposed City Linear Park, Lot 7 Block 3. The Board noted that best practices regarding the deed
restricted lots would be to minimize any vegetation removal, grading and structures. Provisions
have been made to address the control of noxious weeds and the maintenance of the property and
will be further addressed by 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 and birds residing on this and adjacent
property, infill development within the City limits will occur. Buffers and deed restrictions have
been provided from and on lots and areas where there are water and wetland resources to assure
habitat survival for wildlife.
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 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 provides
the following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the Development Review
Committee on October 21, 2015. The following summary comments address the supplemental
information required under Article 38.41, BMC.
38.41.060.A.1 Surface Water
Surface waters on the property include wetlands, spring ditches and various other waters of the
United States (WUS) as described in the Waters of the US Delineation Report prepared by
Vaughn Environmental Services, dated November 20, 2013. The report identified thirteen
wetlands within the project area. Two of the wetlands are classified as isolated, non-
jurisdictional wetlands based on lack of connection to waters of the US. The remaining 17.04
acres of wetlands are classified as jurisdictional.
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The Spring Ditch is a perennial stream flowing from south to north through the west half of the
project site. The wetland fringe adjacent to the stream channel is approximately 2-3 feet wide
with one-foot high banks. Trees and shrubs planted in 2005 as part of the mitigation required for
the Baxter Meadows Subdivision are still developing. The stormwater ditch to the east of the
Spring Ditch has a straight channel and is densely vegetated with cattails. Water in this ditch
ponds at the downstream manhole intake prior to its discharge into Spring Ditch.
All impacts to waters of the US have been mitigated. The proposed improvements required for
this subdivision will not impact surface waters. The WRB reviewed the proposal and
recommended approval of the subdivision with the proposed buffers and configuration as
proposed.
38.41.060.A.2 Floodplains
The proposed subdivision site is not located within the regulated floodplain. The property is
designated in an area having no special flood hazards, and is not within the 100-year floodplain
on FEMA Map Panel No. 0804D.
38.41.060.A.3 Groundwater
Monitoring of groundwater conditions was performed across the site using 15 monitoring wells.
Monitoring between February 15th and June 24th, 2014 revealed that the majority of the site is
impacted by seasonal high groundwater within six feet of the ground surface. he average depth
to groundwater across the entire site throughout the monitoring period was 4.46 feet. The
shallowest depths to groundwater were observed in the central-western and southeastern portions
of the property, with average depths of less than three feet.
Due to high ground water conditions across the site, the construction of roads, utilities and
foundations will likely require temporary dewatering, to be determined at the time of year that
construction begins. Restrictions on crawl space depths or requirement of slab-on-grade
foundations in certain areas of the project may also be required. The plat includes note 1 on sheet
3 of 3 placing future landowners on notice of potential high groundwater tables and the need to
consult with a professional engineer prior to designing or building any structures. Subdivision
covenants will include a section on minimum finished floor elevations (above street grades) to
fully inform buyers of high groundwater conditions. In addition, Note 1 on the preliminary plat
advises of high groundwater conditions and states that the finish floor of all residential structures
shall not be less than two feet above the established elevation from the top of the curb of the
adjoining street.
Installation of municipal water and sanitary sewer services will reduce any concerns regarding
the potential of groundwater degradation from private on-site sanitation disposal systems.
38.41.060.A.4 Geology, Soils and Slopes
An Abbreviated Geotechnical Report prepared by Allied Engineering identified several
geotechnical issues related to the site’s subsurface conditions that have the potential to increase
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costs of site and building development. The issues identified include: 1) high groundwater; 2)
deep gravels; and 3) very moist to wet soils. To address these issues, specific recommendations
are provided in the report related to building crawl space depth limitations, designing road beds
well above the existing ground, underground utility installation, road design, and building
foundations.
38.41.060.A.5 Vegetation
The site has over 17 acres of diverse wetland and waterways vegetated with grasses, sedges,
rushes, willows and a variety of wetland species. The balance of the property is comprised of
grassland area heavily infested with noxious weeds (largely thistle). Noxious weeds shall be
controlled as directed by the approved Gallatin County Weed Control District Management Plan
dated July 9, 2014 that was submitted with the application.
Approximately 15 acres of the 17 acres of wetlands delineated on the property in 2013 will be
preserved. Watercourse and wetland setbacks are shown in accordance with code requirements
and have been reviewed and approved by the Wetland Review Board.
To protect vegetation and critical areas from construction impacts, construction will be
completed mid-summer following peak surface water flows and Best Management Practices
(BMPs) will be employed between the edges of rights-of-way for road construction, and any
wetlands, streams or spring ditches.
38.41.060.A.6 Wildlife
The Montana Department of Fish, Wildlife & Parks (FWP) reviewed the subdivision proposal
and commented that although the project is located near existing development, there may be
deer, foxes, raptors, pheasants and other birds present. The agency’s primary concern is related
to impacts on fish and potential harm to local waterways. FWP recommends avoiding any road
or infrastructure construction activity near surface waters, or disturbance of riparian or wetland
vegetation, and situations that might deliver pollutants to surface waters. Drainage control is also
recommended to avoid increasing sediment or other contaminants that might be carried into local
waterways.
38.41.060.A.7 Historical Features
According to a Phase I Cultural Resource Evaluation of the proposed subdivision site performed
by Anthro Research, Inc., two cultural resource sites are (were) located in the project area: 1) the
Spring irrigation ditch system, and 2) the NPRR Low Line. These two historic sites may be
significant relative to National Register Criteria A, namely “associated with events that have
made a significant contribution to the broad patterns of our history” (irrigation and agricultural
development and early transportation systems). However, field reconnaissance evaluations
conducted July 16, 2014 indicated that subsequent surface, land modifications during the past
100+ years have resulted in land of “sufficient integrity to convey the significance”. Because it
was determined that no adverse impacts would result to a cultural resource, project approval was
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recommended. If cultural resources are discovered during site preparation and construction, they
should be evaluated in terms of National Register significance.
38.41.060.A.8 Agriculture
There are no existing or proposed agricultural uses on this property, nor is it part of a viable farm
unit. The site was not used for agricultural production during the regular last season. The
property adjacent to the subdivision site on the north contains agricultural farm land, is used for
grazing cattle, and is fenced along its south boundary. The fence is not on the proposed
subdivision property, and will continue to be maintained by the landowner. A covenant for the
subdivision requires pets to be on a leash at all times when off the owner’s property. In addition,
all pets must be restrained and controlled when near ponds, creeks, in open space, in parks or on
a trail system.
38.41.060.A.9 Agricultural Water User Facilities
There are existing agricultural water user facilities on the property. The Waters of the US
Delineation Report submitted with the application identifies the location, extent, and
characteristics of the jurisdictional WUS located within the site. Supplemental information
submitted by the applicant includes a correction to this report, noting that the USGS map
included in the report shows the Spring Ditch diverging from Farmer’s Canal. However, more
recent mapping and a field investigation show that Spring Ditch arises from a culvert north of
Oak Street and southeast of the Regional Park, and that it appears to be fed by historic drain tiles
located on the property south of where the channel starts. The source of the Section Line Ditch is
also the Farmer’s Canal around two miles south of the project site. Although Farmer’s Canal is
an agricultural water source, the water on site will not be used for agricultural purposes, nor will
the subdivision result in any impact to agricultural water user facilities.
38.41.060.A.10 Water and Sewer
New water and sanitary sewer infrastructure will be installed on site to serve future development.
The new infrastructure will require connection to city-owned water and wastewater facilities
installed as part of the Baxter Meadows Subdivision. here are existing water and sewer mains in
Blondie Street, Cattail Street, Kimberwicke Street, as well as running north-south through the
site. An existing sanitary sewer lift station is located just south of Cattail Street in the proposed
Lot 1, Block 3 as shown on the preliminary plat. he water and sewer facilities for Baxter
Meadows Subdivision were designed to accommodate development on the subject property;
therefore, adequate capacity has been built in to the existing system for this project. he City
Engineering and Water and Sewer Divisions have reviewed the plans and find there is adequate
capacity to serve the subdivision. Final approval of the water distribution system and sewage
collection/disposal system will be obtained through normal approval procedures of infrastructure
and final plat review by the City Engineering Division, Superintendent of Water/Sewer, and
Montana Department of Environmental Quality.
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38.41.060.A.11 Stormwater Management
A preliminary stormwater management plan was provided in the application. The system is
designed to remove solids, silt, oils, grease and other pollutant from the runoff from the private
and public streets and all lots. Storm water from Phase II streets and lots development will be
collected in curbs and gutters and transported in storm sewers to a detention basins located on
Lot 2 and 3 of Block 2. These stormwater facility locations were determined during the street
improvements infrastructure review and permitting for Phase I and the extension of Blondie
Street and Cattail Street. Outlet structures control the release rate from the detention basins to
preconstruction runoff rates. The stormwater design does not satisfy all the applicable
requirements of the City of Bozeman. Conditions 7 and 8 apply to this issue.
38.41.060.A.12 Streets, Roads and Alleys
Local Streets: Three local streets will be constructed within the subdivision to provide access to
lots on Veronica Way, Kimberwicke Street and Blondie Street. There will be no direct local
street access to Cattail Street or Davis Lane from the subdivision per plat notes on sheets 1-3
that restrict that access. The three local streets will all be 35 feet wide, Blondie Street and
Veronica Way are proposed with 65 foot right of ways to accommodate 10 foot wide shared
use pathways on one side. A roundabout is proposed at the intersection of two of the local
streets to aid in traffic flow and control. All local streets will have 6.5-foot wide boulevards and
5-foot wide sidewalks on both sides of the street where shared use pathways are not located.
On the north side of Blondie Street and on the west side of Veronica Way adjacent to Lot 4,
Block 2 a 10 foot wide concrete shared use pathway will be provided to connect an existing
shared use pathway a the southwest corner of the subdivision coming north from Baxter
Meadows phase 2C City parkland. The shared use pathway in this subdivision will extend
north to the intersection of Veronica Way and Cattail Street and west along Blondie Street to
the Four Points Phase I City Park and Chief Joseph Middle School. All roads are designed per
Montana Public Works Standard Specification with the City of Bozeman Modifications as well
as the Montana Department of Transportation Standards. All streets within the subdivision
shall have dedicated rights-of-way and be built to city standards.
Traffic Impact Studies: A Traffic Impact Study has been prepared by Marvin & Associates for
the subdivision and is provided in Section 10F. Access points for newly generated trips due to
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Four Points Subdivision would be street intersections on Baxter Lane and the new street
accesses to Davis Lane. The highest traffic volumes would occur on Davis Lane between
Kimberwicke Street and Baxter Lane. The development of Four Points Subdivision properties
would add approximately 2,588 vehicle trips to the surrounding street system on the average
weekday. In addition, new apartment buildings currently under construction will add 1,297
trips to the existing traffic. While Four Points Subdivision will impact the intersection of
Davis Lane and Baxter Lane to some degree, the additional traffic would not reduce the
intersection's level of service sufficiently to warrant a change from four-way stop control
operations. An Auxiliary left turn lane on Davis Lane at Kimberwicke Street is recommended
t o mitigate safety impacts prior the development of lots adjacent to the Kimberwicke Street
Extension. The Baxter and Davis Lanes intersection is on the City’s Capital Improvement Plan
and funding has been allocated to its imminent reconstruction and improvement in 2016-2017.
38.41.060.A.13 Utilities
There are existing private utilities in Blondie, Cattail Street, and Kimberwicke Street.
Northwestern Energy participated in review of the project as a member of the Development
Review Committee to ensure provision of electricity and natural gas service to the subdivision.
In addition, Northwestern has advised that they will work concurrently and in cooperation with
other utilities and services, including telephone, internet, and cable TV providers to provide for
their respective infrastructure in joint utility trenches. All utilities will be located underground
and per City of Bozeman Standards. Private utility easements are required on the final plat.
38.41.060.A.14 Educational Facilities
A letter from the Bozeman Public Schools Director of Facilities, Todd Swinehart, was
submitted with the application. This letter discusses the school system's ability to
accommodate the increased enrollment as a result of Four Points Subdivision.
38.41.060.A.15 Land Use
The 36.1-acre property is currently vacant land with zoning of R-4, Residential High Density
District. The preliminary plat shows six lots for residential development, three lots for common
open space that will be deed restricted wetland lots, two lots for common open space to
accommodate stormwater facilities, one lot to be deeded to the City that includes a lift station,
and one lot for a city linear park corridor.
38.41.060.A.16 Parks and Recreation Facilities
The requirement to dedicate parkland is enabled through Section 76-3-621(2), Mont. Code Ann.
and implemented pursuant to Section 38.27.020.A.1, BMC. There are both minimum and
maximum dedication requirements.
The parkland dedication required for initial subdivision when net density is known at the time of
preliminary plat is 0.03 acres per dwelling unit. The parkland shall be provided for a density up
to a limit of 12 dwelling units per acre. The applicant proposes to satisfy parkland for the
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maximum 12 units per acre density allowed within the zoning district for each lot. The proposed
residential density in Phase II requires a total of 4.94 acres of parkland dedication. A 5.23 acre
park was dedicated and improved with Phase I and a parkland requirement of 1.95 acres was
required with the two lots platted in Phase I. Phase II proposes to dedicate and improve an
additional 1.66 acres of parkland as a linear park. Linear parks are not required to meet the street
frontage requirements of 38.27.060 BMC as they are meant to convey a trail corridor that may
not be adjacent to streets. A total of 6.89 acres of City Parkland is required between Phases I and
II. A total of 6.89 acres (5.23 + 1.66) of total City Parks will be provided following the
improvement of the Phase II trail corridor in the proposed linear park.
The Recreation and Parks Advisory Board (RPAB) subdivision committee reviewed the proposal
on January 7, 2016. Based on site specific considerations the RPAB recommended the City
Commission approved the master parks plan and accept the linear park and trail corridor as
depicted in the proposed park plan. They recommend Condition 22 that way finding signage
must be placed at both the north and south ends of the proposed trail in the City Linear Park, Lot
7, Block 3. They noted that at the north end, as sign should indicate that the trail will continue
north with a slight job to the west on Cattail Street. At the south end, a sign should note that the
trail ends, as there is no connection across Davis Lane at this time. When a future trail
connection is constructed east of Davis Lane, the small gap on Kimberwicke Street will need to
be addressed. Park staff, RPAB, and Planning staff find the proposed park plan is 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.
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center plan is included in the Park Master Plan submitted with the application
and reviewed and supported by the RPAB subdivision committee. The Four Points Subdivision
contains critical wetlands habitats across the subdivision, which constricts the ability to have a
neighborhood center within 600 feet of the geographic center. Instead, two neighborhood centers
are proposed: one containing a covered shelter and picnic tables on the western side of the
subdivision, and the other as an enhanced trail corridor on the eastern side of the subdivision.
This alternative neighborhood center layout has been developed in coordination with the City of
Bozeman. The proposed neighborhood center containing a covered shelter will be built in the
southeast corner of the existing 5.23 acre parkland on Lot 1 of Minor Subdivision 475. The
covered shelter is proposed to be built on a concrete slab with picnic tables. The shelter will
connect to existing public sidewalk with ADA sidewalks. This neighborhood center provides
active recreational opportunities with the open park land and passive recreational opportunities
with the covered shelter and picnic tables. This neighborhood center will serve as the
neighborhood focal point for the western side of the subdivision and be developed in Phase II.A.
It is within a public park which has 100 percent of its perimeter on public and private streets and
roads. The area dedicated to the stormwater detention facility in the northeast comer of the park
is not part of the parkland area. The proposed enhanced linear trail neighborhood center will be
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located on the 1.66 acre Lot 7 Block 3 on the eastern side of the subdivision along the wetlands.
A gravel fines trail, benches, covered tables, viewing platforms and signage will be provided.
This neighborhood center provides active recreational opportunities with gravel fines trail and
passive recreation opportunities with the covered tables, viewing platforms and signage. This
will serve as the neighborhood focal point of the eastern side of the subdivision and be developed
with the first lot east of Veronica Way, excluding Lot 1 Block 3 (lift station). Public access to the
trail corridor will be provided via three points: Cattail Street on the north end of the trail, a public
mid block sidewalk at the mid-point, and Kimberwicke Street on the south end of the trail.
38.41.060.A.18 Lighting Plan
Subdivision lighting is proposed at intersections on streets within the subdivision, and on
perimeter streets as shown on the lighting plan. Cut sheets were provided indicating proposed
lighting is in conformance with applicable code requirements. Final design of the lighting system
is required with the infrastructure plan submittal and shall be in accordance with the City’s
adopted Engineering Design Standards and Specifications.
38.41.060.A.19 Miscellaneous
The subdivision will not impact access to any public lands and there are no identified health or
safety hazards on or near the subject property.
38.41.060.A.20 Affordable Housing
At the time of preliminary plat submittal the Workforce Housing Ordinance (Ordinance 1710)
had been suspended by the City Commission; therefore workforce housing is not required with
this development.
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 these findings of fact was
conducted. The applicant presented to the City a proposed preliminary plat for a major
subdivision to allow the subdivision of two lots of approximately 36.1 acres into twelve lots
for multi-household development, one parkland corridor lot and associated streets and
infrastructure.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
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38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2016.
BOZEMAN CITY COMMISSION
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
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PEARL MICHAELSON
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
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.
Adopted Growth Policy Designation:
The residential land use category has been assigned to the proposed subdivision property on the
Future Land Use Map 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, 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
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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 advance 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 B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
This is the second phase of the Four Points Subdivision. Phase I included the subdivision of one
existing tract of land of approximately 54 acres into five lots. In Phase I, Lot 1 was dedicated as
a City Park. Lots 2 and 3 were platted and are under initial development with multi-household
housing and lots 4 and 5 were restricted and subject to further subdivision review prior to
development. This subdivision is the further subdivision of Phase I lots 4 and 5.
This Four Points Phase II Major Subdivision Preliminary Plat application is to allow the
subdivision of two lots of approximately 36.1 acres into twelve lots for multi-household
development, one parkland corridor lot and associated streets and infrastructure.
Water and sewer will connect to city services. All stormwater runoff will be managed on site in
retention ponds.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on September 21, 2015. The pre-application was
reviewed by the Development Review Committee (DRC) on October 7, 14 and 21, 2015 and
summary review comments were forwarded to the applicant in preparation of the preliminary
plat application.
A preliminary plat application was submitted on November 4, 2015 and was deemed
unacceptable for initial review on November 13, 2015. Revised application materials were
submitted on December 3, 2015 and deemed acceptable for initial review. The preliminary plat
was reviewed by the DRC on December 16 and 23, 2105. The DRC deemed the application
inadequate for continued review on December 23, 2015. Revised application materials were
submitted on February 1, 2016 and deemed acceptable for initial review. The DRC reviewed the
application on February 17 and 24, 2016. On March 2, 2016, the DRC determined that the
application and additional supporting materials submitted were adequate for continued review
and further recommended approval with conditions and code provisions to be forwarded to the
City Commission for consideration.
Public notice was sent to property owners of record within 200 feet of the subject property via
first class mail, on March 17, 2016. Notice was posted on the site March 18, 2016. The
Bozeman Daily Chronicle posted a legal notice for the proposed subdivision on March 20, 2016.
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On March 30, 2016 this subdivision staff report with a recommendation of conditional approval
was forwarded to the Planning Board, and a public hearing was held on April 5, 2016. A public
hearing and final decision was noticed to occur at the City Commission meeting on April 18,
2016. The final decision for a Major Subdivision Preliminary Plat with less than fifty lots must
be made within 60 working days of the date it was deemed adequate for review on March 2,
2106, or in this case by May 25, 2016.
The Bozeman City Commission held a public hearing on Tuesday, April 18, 2016 to review the
application and hear public testimony. No additional testimony was received from the public.
The City Commission discussed the proposed preliminary plat application in regards to the
character of the area and the intent of the subdivision and zoning district; and reviewed the
application against the requirements of the Montana Subdivision and Platting Act and found that,
with conditions, the Major Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15526 and
voted to approved the preliminary plat application, with the conditions as outlined in the staff
report, 5:0.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner/
Applicant: Four Points, MT LLC, 5 Rimani Drive, Mission Viejo, CA 92692
Representative: Madison Engineering, 895 Technology Boulevard, Ste 203, Bozeman, MT
59718
Report By: Brian Krueger, Development Review Manager
APPENDIX E – PUBLIC COMMENT AND ADDITIONAL INFORMATION
Two public comments have been received. One written comment received prior the Planning
Board public hearing requested additional comment time on the application. The public comment
period is open until the Commission closes the public hearing on the application. One oral comment was provided at the Planning Board hearing. The commenter noted a trail connection
in the existing Cattail Creek subdivision. No action was requested as part of the trail comment.
No comment was submitted or received at the April 18, 2016 City Commission public hearing.
The full application and record is located in files at the Department of Community
Development, Planning Division 20 E. Olive Street, Bozeman, MT 59715
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