P-14024, Staff Report for the Flanders Mill Phase 1-7 Subdivision

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1 Page 1 of 50 P-14024, Staff Report for the Flanders Mill Phase 1-7 Subdivision NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE PLANNING BOARD ARE SHOWN IN RED. Public Hearing Date: Planning Board hearing is on June 17, 2014 City Commission hearing is on July 7, 2014 Project Description: A preliminary plat for a major subdivision with 295 lots on acres and associated open spaces, streets, and parks. Alternatives to standards for block length and park land dedication are requested. Variances for block width, watercourse and wetland setbacks, provision of sidewalks, and block length are requested. Project Location: Project is located southeast of the intersection of Flanders Mill Road and Baxter Lane and west of Ferguson Avenue. The property is legally described as Tract 1, Certificate of Survey Recommendation: Approval with conditions Recommended Motions: Dedication of Parks and Waiver of Park Dedication: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding dedication of parkland and waiver of park land dedication per Article and move to accept the combination of dedicated parkland as depicted in Park 1 and Park 2 and granting a waiver of dedication of additional parkland per Section as depicted in the submittal materials with the applicable conditions set forth in the staff report. Release and Reconveyance of Park Easement: Having considered the proposed Park Plan for the subdivision and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding the reconfiguration of the existing park easement and direct that Staff prepare the necessary documents to release and reconvey the eastern end of Park 1 in coordination with the final plat of the initial phase of the subdivision and the adoption of the Park Master Plan for the subdivision. Wetland and watercourse setback: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section to allow encroachment into the required 50 foot wetland setback as depicted on Exhibit 4.1 in the submittal materials with the applicable conditions set forth in the staff report. Block width: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section C to allow a block width of less than 200 feet for Blocks 7, 9, 12, 14, 15, 18 as depicted on Sheets 1 and 2 of the 235

2 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 2 of 50 preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Alternative block length (Option 1): Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings related to alternative block length compliance as allowed by Section as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Alternative block length (Option 2): Having reviewed and considered the application materials, public comment, and all the information presented, I hereby find that a variance is required rather than alternative compliance for block length and adopt the findings presented in the staff report in regard to the variance for block length and move to approve the variance from Section to allow Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Level of Service: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding a variance from Section to allow an intersection to function below level of service C as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions set forth in the staff report. To provide a Class I Transportation Pathway instead of a sidewalk: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section to allow the development to not construct a concrete sidewalk in the standard location and size within the dedicated right of way for Ferguson Avenue, Baxter Lane, and Flanders Mill Road and to instead construct a Class I asphalt trail in a public access easement adjacent to the street right of way as depicted on Sheets 1 and 2 of the preliminary plat and in the Park Plan in the submittal materials with the applicable conditions set forth in the staff report. Subdivision as a whole: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14024 and move to approve the major subdivision with conditions and subject to all applicable code provisions and incorporating all prior actions relating to dedication of parks, watercourse setbacks, block width, block length, provision of alternative sidewalks, and the level of service at the intersection of Ferguson Avenue and Durston Road with the conditions set forth in the staff report. Report Date: Friday, June 27,

3 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 3 of 50 Staff Contact: Chris Saunders, Policy and Planning Manager Dustin Johnson, Development Review Engineer Agenda Item Type: Action (Quasi-judicial) Unresolved Issues None EXECUTIVE SUMMARY Project Summary The project proposes a seven phase subdivision on acres creating: 294 residential lots, one lot for an existing electrical substation, two dedicated public parks, and multiple private open spaces. The project will include the extension or expansion of substantial public roads including Baxter Lane, Oak Street, and Ferguson Avenue. A large power line exists in the Oak Street alignment and will remain in place. The application includes requests for six variances or alternative compliance measures. Each variance or alternative compliance measure is described in detail under the applicable review criteria. The proposal includes the relocation of an unnamed tributary of Baxter Creek. The proposed relocation places the water body within the central common open space which runs the length of the development. The area is proposed to be revegetated with watercourse and wetland appropriate species and is expected to have a substantially higher functional quality than the present location which has been heavily impacted by agricultural practices. The relocation also gives rise to the request for the wetland and watercourse setback encroachment variance and the alternative park land dedication request. The site is adjacent to three existing and one proposed neighborhood or community scale parks and includes one existing parkland easement. The proposed park plan requests a partial waiver of parkland dedication in recognition of other lands and facilities being provided for recreation purposes by the development, in addition to the extensive existing nearby park facilities. Substantial amounts of trails are provided within the subdivision as well as two dedicated parks. See discussion in Section 6. The proposal includes the substitution of standard sidewalks with a detached asphalt trail along three perimeter street frontages. This requires a variance to code standards. The project traffic impact study shows a failed intersection at Ferguson Avenue and Durston Road. The construction of Ferguson Avenue north of Oak Street resolves this issue. However, this road construction occurs later in the project phasing. Condition 47 establishes a two part timing requirement so that the construction will occur not later than phase five. There are no identified 237

4 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 4 of 50 intermediate steps to mitigate the deficiency. A variance has been requested to allow a lower than allowed level of service (D/E) to continue until the street extension is constructed. Alternatives There are many alternatives for this complex project. Specific consequences are provided for significant decisions within the body of this report. In all cases, the Planning Board or Commission could table the application and request additional information from the applicant or staff. In all cases, the Planning Board or Commission can act to recommend or approve the various actions as recommended by staff and review agencies. In all cases, the Planning Board or Commission could make its own findings and not recommend or approve a requested action. Several of the action items could have a substantial impact on the design or code compliance of the subdivision. The Commission should act on each of the requested variance or alternative compliance requests. They may approve, disapprove or approve with modifications. Then: A. If the requests have been approved as requested they should act on the subdivision as a whole, OR B. If all the variances or alternative compliance requests have not been approved, the subdivision should be tabled for a defined time so the applicant s engineers could prepare a revised drawing for consideration by the Commission. This modified drawing could then be considered by the Commission and conditions of approval revised accordingly. There would be no additional noticing. Staff will work with the City Clerk to reserve time on upcoming agendas to avoid unnecessary delays. The Commission must take a final action on the item not later than August 28, The consequences of the approval or disapproval of each variance or alternative compliance request is presented under the analysis of that item in Section 6. Planning Board: The Planning Board conducted their public hearing on June 17, There was no public comment. The Planning Board considered each of the requested alternative compliance or variance requests. As shown in the minutes and resolution they recommended approval of each of the requests. They recommended a change to the required condition regarding fencing of open spaces to provide a greater degree of coordination along park and open space locations. Condition 14 has been modified to respond to this direction to revise. They also recommended approval of the subdivision as a whole. The audio/visual recording/minutes from this meeting can be accessed at the following link: The presentation of this item begins at approximately the 2 hour 36 minutes mark in the recording. 238

5 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 5 of 50 TABLE OF CONTENTS EXECUTIVE SUMMARY... 3 Unresolved Issues... 3 Project Summary... 3 Alternatives... 4 Planning Board:... 4 SECTION 1 - MAP SERIES... 6 SECTION 2 REQUESTED VARIANCES AND ALTERNATIVE COMPLIANCE Alternative Compliance Subdivision Variances Zoning Variances SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS SECTION 6 - STAFF ANALYSIS and findings Applicable Subdivision Review Criteria, Section , BMC Primary Subdivision Review Criteria, Section Preliminary Plat Supplements Subdivision Variance Review Criteria, Section , BMC Zoning Variance Review Criteria, Section , BMC APPENDIX A ADVISORY CODE CITATIONS APPENDIX B PROJECT SITE ZONING AND GROWTH POLICY APPENDIX C DETAILED PROJECT DESCRIPTION AND BACKGROUND APPENDIX D NOTICING AND PUBLIC COMMENT APPENDIX E OWNER INFORMATION AND REVIEWING STAFF FISCAL EFFECTS ATTACHMENTS

6 Page 6 of 50 SECTION 1 - MAP SERIES 240

7 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 7 of 50 Surrounding Zoning and Land Uses North: R-1, Residential Single-Household District and R-3, Residential Medium Density District; park and single detached homes South: R-2, Residential Two-Household District; church and vacant East: R-3, Residential Medium Density District; single detached homes, PLI, Gallatin County Regional Park West: Unannexed, A-S, Agricultural-Suburban District; farmland, PLI, Meadowlark Elementary School 241

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13 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 13 of 50 SECTION 2 REQUESTED VARIANCES AND ALTERNATIVE COMPLIANCE Variances or alternative compliance approaches have been requested from the following sections. These are analyzed in a variety of locations within this report. Alternative Compliance 1) Section Waiver of Required Park Dedication. To allow the required park dedication to be satisfied through a combination of dedicated park area and reserved private land with a public access easement. This is addressed under Section 6, Criteria 3) Effect on Local Services, Parkland of the staff report. 2) Section Blocks - Requested alternative block length to be satisfied by pedestrian right-of-way in six locations; and to allow six blocks with a greater length. The Blocks are 13, 15, 16, 17, 20, and 24. This is addressed under Section 6, Criteria 3) Effect on Local Services, Streets of the staff report. Subdivision Variances 1) Section B.4 Street Improvement Standards - Variance for intersection level of service at Durston Rd and Ferguson Ave to be less than level C at time of final plat for some phases of the subdivision. This is addressed under, Section 6, subdivision variance 1. 2) Section , BMC Sidewalks To not construct standard sidewalks in standard locations along Ferguson Avenue, Baxter Lane, and Flanders Mill Road. Allow use of an alternative Class I asphalt paved trail in lieu of sidewalks on Flanders Mill Road, Baxter Lane, and Ferguson Avenue. Trail location will be in a public easement adjacent to the street right-ofway. This is addressed under, Section 6, subdivision variance 2. Zoning Variances 1) Section Water course setback To encroach into required 50 foot setback for multiple lots. This is addressed under Section 6, Criteria 4) Effect on Natural Environment and zoning variance 1. 2) Section Blocks - Requested to allow Blocks 7, 9, 12, 14, 15, 18 with a width of less than the minimum required 200 feet. This is addressed under Section 6, zoning variance 2. 3) Section Blocks Requested to allow block length to exceed 400 feet with pedestrian right-of-way in Blocks 13, 15, 16, 17, 20, and 24. This is addressed under Section 6, zoning variance 3. If the Commission finds the alternative block length criteria have been satisfied then this variance is not necessary. 247

14 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 14 of 50 SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions. These conditions are specific to the Flanders Mill Subdivision, and are identified and grouped by their general subject. Recommended Conditions of Approval: 1) The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2) The final plat for each phase of the subdivision shall conform to the design and amenities included within the subdivision application and the conditions of approval. Alterations require approval by the City of Bozeman. 3) The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required certificates. The final plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law. 4) A separate Conditions and Notes sheet shall be included with each final plat. 5) The area of the subdivision not included in a final plat shall be designated as Lot 1R or another designation mutually agreed upon and shall be subject to the following note: Notice Is Hereby Given to all potential purchasers of Lot R of the plat of the Flanders Mill Subdivision Phase, City of Bozeman, Gallatin County, Montana that the final plat of the subdivision was approved by the City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision or development review, and no development of this lot shall occur until all on and off-site improvements are completed as required under the Bozeman Municipal Code. Therefore, Be Advised, that Building Permits will not be issued for Lot 1R of the Plat of the Flanders Mill Subdivision Phase, City of Bozeman, Gallatin County, Montana until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structure requiring water or sewer facilities shall be 248

15 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 15 of 50 utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. PARKS AND OPEN SPACES 6) All common open spaces shall be clearly designated on the plat with sequential incrementors such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified spaces. 7) 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, E, F, G and H. 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: 8) The public park area and private open spaces with public access used to satisfy parkland dedication requirements of Article 38.27, BMC for all phases of the Flanders Mill Subdivision shall be provided as a public park easement with the first final plat of the Flanders Mill Subdivision. The easement boundaries and area shall correspond with the approved park layout and park master plan. Park areas within each final platted area (not lot 1R) will be dedicated with the final plat. 9) Proposed Blocks 11 and 12 will displace portions of an existing park easement. The existing easement shall be released and reconveyed to the owner at the time of the final plat of Phase 1 in conjunction with the provision of a new easement for all park lands in all phases of the Flanders Mill Subdivision. 249

16 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 16 of 50 10) The property owner s association documents for this subdivision shall be drafted so that the entirety of the property being subdivided in all phases is subjected to the obligations of park and open space maintenance at the time of the recording of the final plat of the first phase. Contribution to maintenance expenses may be proportionate to the number of lots platted. 11) The property owner s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Flanders Mill Property Owners Association and binding property owners of future phases to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Flanders Mill Property Owners Association. The provisions in the property owner s association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section A.5, BMC. The City may release the Flanders Mill Property Owners Association from the obligation to maintain parks dedicated to the City at the City s discretion. 12) Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas in each phase is required prior to the final plat application of that phase in accordance with the requirements of Section Landscaping of Public Lands. This includes the common open spaces providing pedestrian walks. 13) The required additional investment in park facilities, structures, or land required due to having less than 100% frontage on Park 1, shall be provided by installation of the depicted workout stations in Park 1 as described in the Park Plan. Installation shall be coordinated with the phase in which Park 1 is dedicated to the City on the final plat. 14) 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 Fences, Walls and Hedges. This requirement, with appropriate exhibits of fence types, shall be addressed and illustrated in the property owner s association documents. The documents shall include one or more coordinated a single fence style(s) acceptable to the City for locations fronting any sharing a property line with a public park or open space. 15) The final Park Plan shall be revised to remove the asphalt trails from the list of future items. The asphalt trails are an alternative compliance for sidewalks and shall be installed concurrently with the infrastructure with each phase by the developer. The final Park plan shall break out the costs for development of Park 2 into those with initial development prior to platting and those for future work. 250

17 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 17 of 50 16) The certificate of dedication shall be revised to note that the property owners association is responsible for maintenance of the medians in Annie Street and Harvest Parkway Road. The City will accept maintenance for all other public streets. 17) The certificate of dedication shall be revised to note that the property owners association is responsible for maintenance of all common open spaces and shall be responsible for maintenance of dedicated parks 1 and 2 until released from this obligation by the City. 18) Prior to beginning any excavation of gravel within Park 1 a copy of approved DEQ mining permits or evidence they are not needed shall be provided to the Department of Community Development. 19) Open Space U shall be configured with the wetlands enhancement to capture overland discharge from the electrical substation tract and avoid surface water discharges from Open Space U. 20) 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. 21) The final Park Plan must be submitted, reviewed and approved by the City Commission prior to Final Plat approval of the initial phase of the major subdivision. The calculated park areas shall not include any areas used for stormwater treatment. 22) The Class I paved trail depicted along Flanders Mill Road shall be continued through the park area in the same placement in relation to the street as in the public access easement along Flanders Mill Road in the areas outside of the park; and the Class II trails shall intersect with it to enable a complete circulation loop. 23) The Class I paved trail shall be located within a public easement of adequate width to provide for its maintenance and conform to Section , BMC. STORMWATER 24) Any stormwater flows directed into the surface water features created in Park 1 shall be treated to remove oils and suspended solids before being discharged to the surface waters. Treatment shall comply with the City s stormwater program and requirements. 25) All stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm water facility maintenance. STREET LIGHTS 26) A complete application for the required special improvement lighting district shall be submitted to the City of Bozeman Finance Department at least 60 working days prior to the submittal of the final plat for review. The request to form a lighting district shall include all lighting types for which the district will be responsible. 27) The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the Flanders Mill Subdivision. As each final plat within the 251

18 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 18 of 50 Flanders Mill Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as Lot 1R shall not be assessed a fee or if it is determined that a fee must be charged to Lot 1R the lot shall be assessed as a single lot. 28) A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. 29) Any public street lighting installed by this development shall be LED. OTHER SUBJECTS 30) Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 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 presence of high groundwater in the area of the subdivision: Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction. 32) 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. 33) The easement for the agricultural water user facility along Baxter Lane shall be provided by separate document but shall be referenced on the Conditions and Notes sheet of the final plat. The easement document shall specify the dimensions and beneficiary of the easement; and shall be recorded with the Gallatin County Clerk and Recorder not later than the time that the final plat is recorded within which the easement is located. 34) The western boundary of Lot 10, Block 1 shall be straightened to keep essentially the same line as lots to the north to minimize encroachments and simplify fencing and open space boundary. 35) A written narrative shall be submitted describing what improvements will be completed 252

19 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 19 of 50 with each phase of the subdivision. Each phase must address paving, drainage, access and other site improvements independently prior final plat. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 36) City standard sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 37) The applicant shall 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: Streets a) Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). Intersections b) Improvements to the intersection of Ferguson Avenue and Durston Road. c) Improvements to the intersection of Flanders Mill Road and Durston. d) Improvements to the intersection of Baxter Lane and Davis Lane. e) Improvements to the intersection of Cottonwood Road and Durston Road. f) Improvements to the intersection of Baxter Lane and Harper Puckett Road. g) Improvements to the intersection of Davis Lane and Oak Street. h) Improvements to the intersection of Babcock Street and Cottonwood Road. i) Improvements to the intersection of Babcock Road and Ferguson Avenue. The document filed shall specify that in the event an SID is not utilized for the 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. 38) Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 39) All streets contained within the subdivision shall be within dedicated public right of way 253

20 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 20 of 50 and built to city standards unless an exception is approved with the preliminary plat. 40) Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 41) A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Ferguson Avenue, Baxter Lane and Oak Street. 42) Secondary vehicular accesses will be required with each individual phase of this development as the project proceeds from one phase to the next. 43) Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. 44) Any existing water or sewer mains that will be relocated with this development are required to be relocated in a public street right of way or an alley as approved by engineering and the water/sewer superintendent. 45) Road geometry shall meet the criteria in the City of Bozeman design standards unless a deviation can be justified. 46) All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Any necessary private utility easements that will be required to serve the subdivision shall be shown. 47) The construction of Ferguson Avenue is required at the time the funding for the east drive lane and east parking lane has been secured for the street extension, or prior to the lots north of Oak Street being platted. 48) Any lots within this subdivision that will be served by a publicly maintained lift station shall pay a surcharge for the ongoing operation and maintenance of the facility. 49) A note on the Conditions and Notes sheet of the plat shall state: Water rights for Lots 1 and 2 of Block 25 in phase 7 have not adequately addressed cash in lieu of water rights. Cash in lieu of water rights or the equivalent water rights must be transferred to City of Bozeman prior to or at the time of final site plan approval. 50) The proposed subdivision is located within the following payback districts: a) Baxter/N. 19 th Signal b) Meadow Creek Sewer c) Valley West Water d) Valley West Sewer e) Valley West Street These payback districts must be paid before final plat in accordance with the approved payback documents. 254

21 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 21 of 50 51) The necessary minimum right of way shall be dedicated with the final plat for the following streets: a) Ferguson Avenue (Collector) 45 feet. b) Oak Street (Principal Arterial) 125 feet. c) Baxter Lane (Minor Arterial) 45 feet. d) Flanders Mill Road (Local Street) 30 feet. e) Annie Street (Non-standard Local Street) 74 feet. f) Harvest Parkway (Non-Standard Local Street) 74 feet. All other internal local streets shall be dedicated at a minimum right of way width of 60 feet. COVENANTS 52) The definition for Common Area in Section 1.9 of the property owner s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to Public Park. 53) A definition of Public Park shall be added to Article 1 of the property owners association documents which includes those parks dedicated to the City of Bozeman. That definition shall then be used as appropriate in describing duties and responsibilities throughout the documents. 54) Section 2.1 shall be revised so that the obligations for participation in park, open space, and storm water maintenance apply to the entire property at the time of filing of the first final plat. 55) Section 5.2.F shall be revised. A property owners association may not bar or restrict access to public parks or areas subject to a public access easement. 56) Section 7.3 shall be revised. A property owners association may not restrict access or use of public streets. Covenants may reference City adopted parking and related standards for public streets in Chapter 34 BMC or similar reference. 57) Section 8.4 shall be revised to coordinate with fencing dimensions and styles established with the final Park Master Plan. 58) Section 8.5 as written may not comply with the allowed yard encroachments of Section , BMC. Please verify and correct as needed. 59) Section 9.2.A shall be revised to recognize the required maintenance obligation for common spaces of Article 38.38, BMC. All facilities and improvements which are required as a condition or requirement of platting shall be maintained in good condition. 255

22 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 22 of 50 60) Section 10.3 shall be revised so that the term of the covenants renews until at least such time as the City releases the property owners association from obligation for maintenance of common spaces and facilities provided with the subdivision. 61) Section 10.4 shall be revised so that is states that the covenants may not be amended in a manner that places them out of compliance with Article 38.38, BMC or contrary to the conditions of approval of the subdivision. 62) Article XIII shall be revised so that references to Gallatin County requirements are removed. Items D, F, G, J-P may be retained. Other items may be added to advise of requirements of the conditions of approval such as 404 permit restrictions or City regulations. DESIGN GUIDELINES 63) Section 2.6 shall be amended to note that the City does not enforce private design guidelines. 64) Section 3.3 shall be revised to account for the two large multi-household lots and the Accessory Dwelling Unit lots which are described in the covenants. 65) Section 3.4, please verify the height limitations and whether they will apply to the multihousehold lots. 66) Section 3.5, the proposed text is allowed for primary dwellings; however the City discourages minimum home sizes. The text also would be in conflict with maximum allowed Accessory Dwelling Unit size and likely would conflict with the achievable size for the townhome lots. The text shall be revised to avoid these conflicts. 67) Section 4.1, review and adjust if needed to account for the alley loaded lots on Block 5. 68) Section 4.8, revise and include reference to City of Bozeman regulations for on-street parking. 69) Section 4.10 appears to conflict with the City s adopted lighting standards in Section , BMC. Revise to remove conflicts. SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS Actions by the Commission to approve or disapprove requested variances may resolve some of the identified required corrections. A revised plat may be required to reflect those actions and changes to these requirements prior to final action on the subdivision. A. If the Commission does not find the alternative block length criteria are met for maximum length of Block 13 then Harrow Lane shall be connected to Windrow Drive in lieu of the proposed pedestrian right of way. If the Commission finds that the alternative block length criterion are satisfied or grants a variance from the section then the plat as presented is acceptable. 256

23 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 23 of 50 B. If the Commission does not find the alternative block length criteria are met for maximum length of Block 16 then Forage Drive shall be connected to Ferguson Avenue in lieu of the proposed pedestrian right of way. If the Commission finds that the alternative block length criteria are satisfied or grants a variance from the section then the plat as presented is acceptable. C. The Final Park Plan(s) shall include all those materials required by Section A.4, BMC. D. Section D. Lot 4, Block 12 may not encroach upon the detention facility in Open space J. E. Section The location of mailboxes shall be coordinated with the City Engineering Department and U.S. Postal Service prior to their installation. F. The traffic impact study provided indicates that the intersection of Durston/Ferguson does not operate at an acceptable level. Section B.4 outlines the requirements for operating levels of service for arterial and collector intersections. No development may occur until section B.4 is adequately addressed or a variance to the intersection is granted. G. Section outlines additional permits that may be required beyond what is administered by the City of Bozeman. 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 plan and specification approval. H. Section requires pedestrian rights of way to be constructed as standard City sidewalks. Those sections outside of the common open space used to satisfy parkland requirements, e.g. OS O, N, M, and T used for block length compliance, shall be depicted and constructed in accordance with the Section. I. Any alteration or realignment of the existing ditch(es) within the development shall follow the guidelines within UDC , more specifically UDC D.3. J. BMC Section g.9 requires a Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. 257

24 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 24 of 50 Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. 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. Project Name: File: P SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS Flanders Mill Phase 1-7 major subdivision preliminary plat The Development Review Committee (DRC) found that the application was sufficient for review on May 9, On May 21, 2014 they recommended approval with conditions and code requirements to the Planning Board and City Commission. The Recreation and Parks Advisory Board subdivision review committee considered the proposed park master plan and park dedication on May 9, They recommended approval of the application as submitted and conditioned including use of the alternative compliance alternative for provision of 6% the parkland as described in this report. The Wetlands Review Board considered the application on May 7, They recommended approval of the application as submitted and conditioned, including approval of the variance for the encroachment into the watercourse and wetland setback. The Planning Board will conduct a public hearing on the related subdivision and make a recommendation to the City Commission. The public hearing date for the Planning Board is June 17, The scheduled public hearing date for the City Commission is July 7, 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 , BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 258

25 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 25 of 50 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The application contains the necessary survey elements. Recently, the State of Montana has revised the requirements for final plats. One of these requirements is a separate sheet for notes, comments, and conditions of approval. The conditions of approval require provision of this sheet. See Condition 4. The project will likely be platted in phases over several years. Each final plat must show compliance with the individual survey requirements including monumentation, proper dimensions, and closure of survey boundaries. Signature by the surveyor will be provided with each final plat. Conditions 2-6, 31-33, 36, 49 address the contents of the final plats. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act There are several conditions of approval relating to the preparation of the final plat. See Conditions 2-7. Any items not installed as necessary prior to a final plat will be the subject of an improvements agreement with associated security. This may take the form of a plat note as shown in Condition 5. Additional conditions are described in following sections of this report. Those conditions are necessary to fully satisfy the adopted standards of the City applicable to this application. The installation of subdivision infrastructure is subject to Chapter 38.39, BMC. See Conditions 12, 15, 16, 20, 22, 23, 26-30, 36, 42-47, 51. The parcel is less than 160 acres. Therefore, to comply with the requirements of the Montana Subdivision and Platting Act the entire area must be included with each final plat. However, as a phased subdivision, not all of the improvements necessary to develop individual lots will be installed at once. In order to provide notice of the pending requirement for infrastructure completion a note is required to be provided with each final plat. See Condition 5. This condition will serve the role of a guarantee of performance for future development. This protects potential buyers without causing a financial burden on the developer. Article requires various supplementary documents which accompany a plat. These set up the property owner s association to take maintenance responsibility for parks and stormwater. There are certain required contents as outlined in the article but most of the material is at the discretion of the developer. If covenants and design guidelines are adopted they must conform to the zoning standards of the City. Covenants and design guidelines are proposed with this development. Conditions address these documents. The covenants require: corrections of points of conflict with the municipal code; coordination between the covenants and conditions of approval; and or direct correction of errors in the text. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The application has been properly noticed, reviewed according to the required advisory bodies established by the Bozeman Municipal Code, and the required public hearings are scheduled. The proper review bodies have conducted their review and their recommendations are included 259

26 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 26 of 50 with this report. A pre-application review was received and reviewed and comments provided. The application has been deemed acceptable and adequate for review. Several variances were identified and were included in the notices to the public and will be addressed in the actions by the Planning Board and City Commission. The conditions necessary to ensure that this application complies with required review procedures are included in Sections 3 and 4 of this report and are identified with each variance. The final plat to be recorded for each phase will require review to ensure that all requirements of the law and conditions of approval have been met. Installation of required infrastructure, dedication of easements and lands, and revision to covenants and design guidelines will be verified at that time. Failure to comply with conditions of approval will preclude approval. See Conditions 2 and 35. 4) Compliance with Chapter 38, BMC and other relevant regulations Lot dimensions, street widths, and similar development standards are generally met by the subdivision. Specific items are the subject of variance requests or alternative compliance proposals as described in Section 2 of this report. The western boundary of Lot 10, Block 1 is an odd configuration which is contrary to Section Condition 34 requires the boundary to be revised. The application as proposed will require permits from the Gallatin Conservation District, Department of Environmental Quality, and the US Army Corps of Engineers. Section 4, Condition G requires these permits to be obtained prior to beginning any work. Plan and specification review is required for all public infrastructure improvements prior to the commencement of any work. Detailed compliance with relevant standards will be verified at that time. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The necessary easements for utilities are provided on the preliminary plat and will be required to be established with the final plat for each phase of the development. Depicted dimensions appear to be adequate to meet requirements. Condition 33 requires the provision of an adequate easement for the ditch along Baxter Lane. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel. Each lot within the subdivision has frontage on a proposed public street which is adequate to provide legal and physical access. The streets internal to the project connect to existing local, collector, and arterial streets on the perimeter of the development. Street right of way will be dedicated to the public with the recording of each final plat per Condition 51. Prior to the recording of each final plat the necessary street improvements to provide physical access must be 260

27 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 27 of 50 installed or financially guaranteed per Article 38.39, BMC. The street frontage for each phase is required to be provided concurrent with or prior to that phase. Primary Subdivision Review Criteria, Section ) The effect on agriculture The site has been in production for hay and animal feed. The site is annexed within the City of Bozeman. Development of the site for housing will remove it from agricultural use. The property is largely surrounded by urban uses and the last remaining adjacent unannexed land is expected to be annexed shortly. Removal from production will not damage a viable farm operation. Development at urban densities will lessen development pressure on agricultural lands elsewhere in the vicinity. 2) The effect on Agricultural water user facilities The project will relocate an agricultural water user facility located along Baxter Lane. This is part of the Farmers Canal facility. The widening of Baxter Lane would cover the facility. A new easement is being provided with the relocation so the beneficiaries of the ditch have legal access to convey the water and maintain the ditch. Conditions 33 and J address the relocation. State law requires the ditch to retain its function after the relocation. The natural watercourse, unnamed tributary to Baxter Creek (UTBC), which crosses and leaves the site carries some irrigation water which previously serviced the subdivision area and which eventually discharges to Baxter Creek and continues north. The relocation will make a modification to the route of the watercourse but the intersection point with Baxter Creek will remain in near proximity and water flows will still reach the stream. No impact on agricultural water users is expected from this change. There is an existing ditch along the west side of Flanders Mill Road. Flanders Mill Road must be moved to the west and expanded with development of this project and adjacent property to the west. The ditch carries overflow water which cannot be taken in and carried by the Maynard Border irrigation pipeline which has its intake near the intersection of Durston Road and Flanders Mill Road. It also carries substantial intermittent stormwater flows into Baxter Creek. The overflow has already been placed into a pipe along portions of Flanders Mill Road in conjunction with the development of the Meadowlark Elementary School. The relocation of Flanders Mill road to lie within its actual existing easement will move it to the west. This will require placing the irrigation/stormwater flow into a pipe. The relocation of the watercourse and proposed changes in wetlands, including Condition 19, will remove all natural flow from the area along Flanders Mill Road. This will enable the ditch to be placed within a pipe without complications which would arise if the ditch also carried natural flow and was therefore classified as a stream. Piping the ditch will reduce seepage losses from irrigation water which will benefit downstream users by reducing water loss. The additional water may also provide modest additional flow into Baxter Creek which will support habitat for fish and adjacent plant and animal communities. 261

28 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 28 of 50 3) The effect on Local services Water/Sewer Municipal water and sewer are available to this site. The proposed subdivision will extend the necessary local mains to provide service to individual lots. The subdivision is within existing payback districts for water and sewer. With each final plat the appropriate reimbursement is required to be paid to the City for distribution to the original installer of the infrastructure for which the payback was established. See Condition 50. Cash-in-lieu of water rights will also be required with each final plat. There is some uncertainty regarding the final density allowed on the two large multi-household lots. Therefore, an advisory note is required to be placed on the final plat to inform future buyers that additional funds may be required with development of those lots. See Condition 49. The subdivision site is served with sewer through a lift station. A surcharge for maintenance costs attributable to the lift station will be applied to the sewer bills of future residents. This prevents other sewer system users from being billed for services they do not receive. See Condition 48. The water and wastewater treatment plants have adequate capacity to serve this development. The impacts of the development on the water and wastewater systems will be mitigated by the conditions of approval, future impact fee payments, provision of water rights or cash-in-lieu thereof, and the future utility charges to residents. The City s design manual provides the specific guidance for detailed infrastructure design. Conditions 35, 40, 43, 44 address details necessary for the correct preparation and review of infrastructure plans. Streets Two variances to the Unified Development Code, BMC relating to streets have been requested. See the subdivision variance review section of this report for discussion on the variances. Staff has concluded that the variances meet the required criteria. Condition 38 requires that the street names be approved prior to the approval of the final plat. This prevents confusion with the 911 dispatch system and therefore is necessary for the public welfare. As part of the street infrastructure lighting must be installed. Conditions address lighting. The physical installation of the lights is done by the developer. A special improvement lighting district (SILD) is formed to provide for the maintenance and operation of the lights over time. Condition 28 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. The special improvement lighting district must be created prior to the final plat. It is inefficient and can raise operational costs which are borne by the lot owners for multiple small lighting districts to be created. As there is a single preliminary plat, Condition 26 requires the entire 262

29 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 29 of 50 subdivision to be included within a single lighting district. It also allows a phasing of the charges to reflect that much of the area within the district may be undeveloped while the phases of development proceed. Condition 25 addresses the timing for when the application for the district must be submitted in order to have the district established coincident with the approval of the first final plat. The required submittal materials will enable proper notice and calculation of costs to be provided for Commission consideration of the request to create the SILD. The application includes a request to use the alternative compliance option of Section to have to have block lengths greater than 400 feet for Blocks 13, 15, 16, 17, 20, 22 and 24. The relevant portions of the section are quoted below. B. Block length. 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. D. Rights-of-way for pedestrians. Rights-of-way for pedestrian walks, not less than ten feet wide, shall be required where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds, shopping centers, transportation, and other community facilities. In addition, no continuous length of block shall exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks shall also be installed at the end of culs-de-sac where deemed appropriate. 1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side yards; 2. The pedestrian walks shall be maintained by the adjacent property owner or by the property owners association. The party responsible for maintenance of pedestrian walks shall be identified in the preliminary plat application; and 3. Pedestrian walks shall be constructed as a city standard sidewalk, and the provisions of section shall apply. Ferguson Avenue is a collector street which has a restriction on access points per Section , BMC. Condition 41 requires a one foot no access strip along the arterial and collector frontages. There is no ability to go east of Ferguson for the proposed blocks north of Oak Street. The Gallatin County Regional Park occupies the east side of Ferguson Avenue the entire distance from Oak Street to Baxter Lane. The proposed Field Sports Park likewise blocks the west side of Flanders Mill from Oak to Baxter Lane. All of the Blocks for which the variance is requested are north of Oak Street. The UTBC provides a N-S corridor stretching the full length of the subdivision. Street crossings of the UTBC are provided for all collectors and arterials within or adjacent to the subdivision and 263

30 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 30 of 50 adjacent to any public parks, i.e. Tanzanite Drive. An alternative is in Section D to provide for pedestrian connections in lieu of a street when it is necessary to divide a block length but it is undesirable to do so with a full street. The proposal includes such pedestrian right-ofways in all required locations. An example of this from Sheet 2 of the preliminary plat is shown below. The orange line is the pedestrian walk; the green area is the pedestrian right of way. The municipal code requires blocks to not exceed certain lengths in order to provide adequate connectivity for pedestrian and vehicular circulation (including emergency vehicles). It also allows for some flexibility in the application of the standard recognizing that there are places where streets may not be desirable. Pedestrian connectivity has been provided in all necessary locations to meet the standard. Four streets connect E-W between Ferguson Avenue and Flanders Mill Road. Connection of Forage Drive would provide a fifth connection. The connection would divide Open Space T approximately in half. The City has prioritized the protection of water quality, wetlands, and pedestrian travel. The additional street would intersect with all three for a modest beneficial increase in vehicular connectivity. In this circumstance, it appears that on balance the public benefit is best served by providing a pedestrian connection rather than a vehicular one. Staff concludes the criterion is met. The UTBC is a natural stream which passes N-S through the development. Presence of watercourse is a listed potential condition unique to the property. The applicant is making significant efforts to improve the character of the UTBC. Additional stream crossings may be detrimental to the designed wetlands enhancements. As described there are a variety of means to address block length compliance. The proposed alternatives shown appear to meet the intent and spirit of the chapter. Staff concludes the criterion is met and recommends approval of the alternative compliance approach. If the Commission does not find the alternative block length criteria are met for maximum length of Block 13 then Harrow Lane would be connected to Windrow Drive in lieu of the proposed pedestrian crossing. If the Commission does not find the alternative block length criteria are met 264

31 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 31 of 50 for maximum length of Block 16 then Forage Drive would be connected to Ferguson Avenue in lieu of the proposed pedestrian crossing. Conditions 6, 7, 12, 15, 17, 54, 59, 60, A, B, and I apply to the block length issue. Ferguson Avenue is a key element of the development providing access to the development north of Oak Street. It is also the dividing line between the development and the Gallatin County Regional Park. The installation of this section of Ferguson Avenue will have a positive effect on existing congestion at the intersections of Davis Lane and Baxter Lane and Ferguson Avenue and Durston Road. The additional link will connect the Chief Joseph Middle School to points south without having to go through the congested intersection at Baxter and Davis Lanes. The City has Ferguson Avenue listed on the transportation impact fee capital improvements program. This provides funding to install the road at its final configuration which is less disruptive and a cost savings. The City is looking for ways to pay for the east side of the road adjacent to the Regional Park. If funding can be found the Ferguson link can be funded sooner. In no case will it be allowed to wait past the development of the phases north of Oak Street. See Condition 47. There are two streets with unusual cross-sections within the development. Annie Street and Harvest Parkway Road are both 74 foot cross sections. The additional 14 feet of width provides for medians. Annie Street already has this width established on both the east and west of this development. Annie Street connect to the northern boundary of the area between Meadow Lark Elementary School and the possible next high school site. Medians are known to slow traffic. Harvest Parkway Road is an E-W connection between Ferguson Avenue and Flanders Mill Road. It circles the proposed Park 2. Therefore, there is a safety benefit of controlling speeds on both of these streets. The City Engineer accepts the proposed design but the maintenance of the median is the responsibility of the property owner s association. See Condition 16. Police/Fire The site is within the City of Bozeman and served by the municipal fire and police departments. The closest fire service is from Station 3 which is located less than 1 mile away and has direct arterial street access in two directions. The police patrols presently cover this area when providing service to the existing Baxter Meadows and Oak Springs developments. Mitigation of impacts on fire services will be mitigated with the payment of the fire impact fees due with building permits for new homes and the contributions to the general fund. Stormwater The application depicts a variety of stormwater facilities to address this issue. Final sizing and design will be evaluated during the plan and specification review prior to construction. In order to provide adequate maintenance for the stormwater system all facilities which are on privately held land must be located within a public stormwater easement per Condition 25. Stormwater which discharges to surface waters must first be treated to remove oils and suspended solids per the City s adopted stormwater controls and Condition 24. This includes both temporary facilities during the construction of the subdivision and permanent facilities. Stormwater facilities located within parks may not count towards park dedication requirements per municipal code Section Stormwater facilities must be reviewed for compliance as part of the plan and specification review per Conditions 35, 40, and K. 265

32 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 32 of 50 Parklands - The application proposes creation of 292 lots for single household residences, and two multi-household lots of acres in net size. Collectively, the minimum parkland requirement is for 8.76 acres plus acres for a total of acres of park land or its equivalent. Additional cash-in-lieu of parkland may be required from the multi-household lots at the time of development up to a maximum of the equivalent of an additional acres per Section Issues relating to parks are addressed by Conditions 6-15, 17-8, 19-22, 52-55, 57, and The park master plan included with the development includes a breakdown of the park and open space areas to be provided with each phase on page 4. The area within a public park which is used for stormwater facilities is not counted towards the parkland dedication requirement. Both Park 1 and Park 2 have such facilities. Deducting the stormwater area from the dedicated park area provides an area of acres or 94% of the total required park area. In addition to the dedicated parks, the development includes an additional acres of privately held open space. This includes open space along the relocated water course, open spaces used for division of blocks to meet block length requirements, stormwater facilities, and a perimeter open space within which a Class I sidewalk alternative trail is located. Subtracting stormwater facilities and a minimum perimeter trail easement equivalent leaves net acres of open space. Per Section areas used for transportation trails are not used for calculation of parkland. Per Section D stormwater control facilities within parks do not count towards meeting park requirements. The applicant has indicated that they will include a public access easement over the perimeter trail easement and the central watercourse area. Condition 2 requires them to follow through with this approach. The central watercourse area is acres and contains a Class II trail which runs nearly the entire N-S length of the development. Several additional trails cross in an E-W direction and provide connections between the development and the existing regional park and the proposed field sports complex. Adding the net park area and the net open space area gives a total reserved area for recreational uses of acres. This is 258% of the required minimum area to be provided to meet the recreational needs of the residents of the development. Section 4.4 of the application includes a request for an alternative means of meeting the parkland dedication requirement. This is to meet the remaining requirement of 6% of the minimum dedicated park space not included within Park 1 and Park 2. Section , which implements a section of state law regarding park dedication, specifically authorizes the Commission to waive some or all of a park dedication requirement when one of the seven alternatives has been met. Normally, the City does not waive parkland requirements. However, in this case the applicant has provided additional open space with developed trails and public access far in excess of the remaining acres of parkland. This remains true even after deducting any space used for stormwater facilities or transportation pathways. If the Commission does not approve the alternative park land proposal material changes will be required to the subdivision. If the Commission is unwilling to accept the proposed alternative 266

33 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 33 of 50 described above they have three options which are: a) disapprove the subdivision entirely, or b) require cash-in-lieu of parkland and make an appropriate motion to approve cash-in-lieu upon provision of an appraisal for the value of the land, or c) direct removal of lots in Block 11 to increase the size of Park 1 to make up the deficiency in dedicated park land area. In determining that the intent and purpose of the provision of parkland standard had been met and that it would be equitable to allow the waiver under Section A.2, Staff and the Recreation and Parks Advisory Board subdivision committee discounted any areas used for stormwater and minimum circulation requirements, e.g. sidewalk replacement on the perimeter. None the less, the intent and purpose appears to have been well met. This is bolstered by the near proximity of substantial existing and proposed regional recreational facilities and multiple neighborhood parks within and adjacent to the development. At the Planning Board public hearing there was extensive discussion among the Board regarding the adequacy of public access to the open spaces. Section requires parks to have a high degree of street frontage to provide visual and physical access to the parks and to provide parking areas. The private open space which will be used to justify the waiver of park land dedication is primarily long narrow features along the stream. There are homes along most of the N-S sides. The discussion revolved around the question of to what degree lands used to justify a park land dedication waiver should follow the standards applicable to dedicated park land. The individual street frontages range from 97 to 281 feet in width. The pedestrian right-of-way for over-length blocks are 30 feet wide. The area with the greatest degree of street frontage is the location where Park 2 is just across the street from the N-S open space. Harvest Parkway crosses the open space in that location. Condition 8 requires dedication of all the area used to meet the parkland dedication requirement for the entire subdivision with the initial platted phase. This includes the common open spaces which are along the relocated watercourse. This dedication is required by easement. The easement will be converted to a full dedication for the area of parkland within the final plat of each phase. Improvements within each recreational area will be deferred until platting of the final plat for each phase. Future phases will then draw against this 267

34 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 34 of 50 bank of land to comply with their individual requirements. This coordinated approach is required in order to assure the completion of the coordinated design of the subdivision even if portions are transferred to other developers. The Class I trail along Flanders Mill Road should stay in the same position as it passes through Park 1 as it does on other areas along the right of way. This will require some minor adjustments to the layout of the trail and the internal trails in Park 1. The image to the right shows a conceptual location which would comply with Condition 22. The Class I trail is shown in orange. The Park plan has a series of drawings depicting park designs. This includes a suggested common fencing style for location along the boundaries of the open spaces used to meet parkland requirements. Section limits the height of fences adjacent to linear parks. The central watercourse area is not a linear park although it has many of the same characteristics. A public access easement will be provided to allow use of the trail by the public. Therefore it is appropriate to have a similar limitation on fencing height. Fencing is desirable to contain animals and provide clear ownership boundaries but overly high fences damage the appearance of the open space. Fencing adjacent to linear parks is limited to 4 feet in height by Condition 14. Condition 7 requires a certificate of transfer of improvements to enact the transfer of the open space to the proposed homeowners association so there is no confusion over who controls what elements of the development. Conditions require all of the development phases to contribute to the maintenance of the facilities they will benefit from. The condition is necessary to account for the multiple phased nature which may result in plats being recorded over a multiyear time span. This will also prevent a loss of coordination and continuity of operation is the development changes ownership before being completed. Park 1 has less than 100% frontage on a public street. The proposed layout meets the alternative frontage options allowed by Section The replacement of value will be provided by developing the exercise stations within Park 1 which will increase its utility for the park users. Condition 13 coordinates the timing of these improvements. As part of the expired Diamond Estates project, an easement was provided for future parkland. This easement remains and is located south of Oak Street between Flanders Mill Road and Ferguson Avenue. The applicant proposes the City release the eastern 310 feet of that easement to be developed as Blocks 11 and 12, along with open space and other facilities be provided as described under this section of the staff report. This would be done through a standard release and reconveyance of easement which would be timed to coordinate with the final plat and recording of the easement for parkland required in Condition 9. If the Commission does not approve the release and reconveyance of the eastern end of the existing park easement it will prevent the platting of Blocks 11 and 12 and those 10 lots will be deleted. Possibly the design could be reconfigured to replace them elsewhere in the project. If the street network is affected by the redesign the plat should be again examined by the City Commission as an amended preliminary plat. 268

35 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 35 of 50 4) The effect on the Natural environment There is little large vegetation on the property. The site has several weed infestations which must be controlled in accordance with the approved noxious weed plan. The site is vegetated with mostly grasses and small crops. A few small trees are located in the area of the future Park 1. A stand of larger trees exists at future Open Space J which includes a detention pond. Some of that stand extends onto the adjacent proposed lot. Removal of the trees on the lot is likely. The large stand of cottonwoods along the southern portion of Flanders Mill Road will probably be removed as the roadway is shifted west. The piping of the ditch would also cut off the majority of their water supply which would likely cause them to die out over time and not reestablish. The subdivision proposes substantial changes to wetlands and watercourses on site. These changes will create higher quality wetlands and associated habitat. The new watercourse setback must be planted with a variety of trees and woody and herbaceous plants suitable to wetland areas. The modified wetlands are subject to a five year monitoring period by the US Army Corps of Engineers to ensure that they are constructed and fully established per the issued wetland permit. The Wetland Review Board reviewed the proposal and recommended favorably. The improved watercourse and wetland characteristics are expected to improve habitat quality. As the trees mature they will provide nesting and perching areas. No endangered or threatened species are known to frequent the site. The proposed area will provide significant trail connections to encourage and facilitate walking and bicycling. The extension of Oak Street and Ferguson Avenue will provide key links in the arterial and collector network which can shorten travel distances and relieve congestion at key intersections in the northwest quadrant of the community. Shorter travel distances and improved pedestrian accessibility generally are favorable for the natural environment. The area is known to have high groundwater a note will be placed on the plat to advise future buyers of this issue. See Condition 31. 5) The effect on Wildlife and wildlife habitat As discussed above, the effects are considered to be generally favorable although there will be some short to medium term loss of some existing large trees on the site. See also the discussion under the zoning variance review criteria for the wetland setback variance from Section , BMC. Removal of the mature cottonwood stand along Flanders Mill will likely reduce perching areas for hunting raptors. Further, transition of the area to urban uses will also reduce the utility of the area as a feeding area. 6) The effect on Public health and safety With the conditions identified in the staff report no negative impacts on public health and safety have been identified. Adequate circulation for emergency vehicles is provided, services are available within identified response times, and provision has been made for safe motor and pedestrian circulation. Public and private utilities have either been installed or can be readily extended to provide services. A variance has been requested from the required level of service 269

36 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 36 of 50 for the intersection of Durston Road and Ferguson Avenue. Please see the discussion under the variances section of this report. Preliminary Plat Supplements A subdivision pre-application plan review was completed by the DRC on January 8, With the pre-application plan review application, waivers were requested by the applicant from Section Additional Subdivision Preliminary Plat Supplements for several of the standard preliminary plat supplements due to the nature of this previously platted/developed property. Staff offers the following summary comments on the supplemental information required with Article 38.41, BMC A.1 Surface Water As described above, the proposed subdivision modifies two surface water elements. These are the unnamed tributary to Baxter Creek and the irrigation facilities along Baxter Lane and Flanders Mill Road. The existing and proposed locations have been identified and incorporated within the subdivision design. Any piping of surface water will be sized as necessary to carry flood flows A.2 Floodplains No floodplains have been mapped. The required and depicted setback from the unnamed tributary will provide adequate area to carry any floodwaters A.3 Groundwater It is known that there is high ground water underneath the site. Some of the on-site wetlands are fed by the groundwater which is recharged by adjacent irrigation facilities. It is expected that the piping of the irrigation return flow ditch along Flanders Mill may slightly lower the groundwater levels. Even so, they are expected to remain high. Condition 31 requires that an advisory note be included on the Conditions and Notes sheet of the final plat so that purchasers are made aware of this limitation. Due to the high ground water a soils report will be required with building permits to ensure that foundations are adequate to support the proposed structure A.4 Geology, Soils and Slopes The site is mildly sloping to the north. The soils are of mixed character given the size of the site. The proposed realignment of the unnamed tributary to Baxter Creek is placed such that the new location aligns with the existing hydric soils. This should aid in establishment of the proposed wetland enhancements. No unusual topographic features exist and no unusually cuts or fills are proposed. All of the Bozeman area is in an active earthquake zone and building codes are implemented accordingly which lessens the related risks A.5 Vegetation Addressed under the primary review criteria A.6 Wildlife Addressed under the primary review criteria. 270

37 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 37 of A.7 Historical Features There are no known historical features on the site A.8 Agriculture Addressed under the primary review criteria A.9 Agricultural Water User Facilities Addressed under the primary review criteria A.10 Water and Sewer Addressed under the primary review criteria A.11 Stormwater Management A stormwater control plan was included with the application. A formal SWIPP will be required by the state due to the size of the disturbance. This will be coordinated with the relocation of the watercourse and the permitting necessary for that work. Stormwater ponds are depicted with the correct sizes and locations. A final plat and details will be reviewed and approved with the plans and specifications for the infrastructure A.12 Streets, Roads and Alleys Addressed under the primary review criteria A.13 Utilities The site includes an existing electrical substation. The subdivision creates an independent lot for this facility. No changes to the substation are proposed as part of this subdivision. A large high voltage power line connects to this substation. The power line generally follows the alignment of Oak Street which has a slightly wider right of way to accommodate the large power poles. A second above ground facility of lesser size parallels Flanders Mill Road. The applicant is working with Northwestern Energy to relocate some poles which would conflict with street intersections. Water and sewer extensions will be placed within future dedicated public streets. The lots depict easements for placement of Essential Services Type I to service each lot. The easements will be granted with the Certificate of Dedication on each final plat A.14 Educational Facilities The Bozeman School District s review comments indicate they can accommodate the additional students expected from this development. The site is adjacent to the Meadowlark Elementary School and the purchased site for the second high school The site is within.75 miles of the Chief Joseph Middle School. Pedestrian facilities connecting to the schools will be installed with development of the subdivision A.15 Land Use The proposal is to develop residences, open spaces and parks consistent with the approved zoning. The application as proposed meets the required residential density of Section The existing substation is properly located within the Public Lands and Institutions zoning district A.16 Parks and Recreation Facilities See discussion above under Local Services. 271

38 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 38 of A.17 Neighborhood Center Plan The two dedicated interior parks One and Two satisfy the requirements for neighborhood centers A.18 Lighting Plan Subdivision or street lighting is required as part of minimum improvements. Conditions address the issue. See Appendix H of the application for the lighting plan. See discussion under the primary review criteria A.19 Miscellaneous Supplemental information waived by the DRC A.20 Affordable Housing Supplemental information waived by the DRC. The Workforce Housing Ordinance, Article 10.08, BMC, has been suspended by the City Commission. Subdivision Variance Review Criteria, Section , BMC The applicant requested five variances as part of this subdivision application. The City has two forms of variances, those for subdivision standards and those for zoning standards. Section , BMC describes when those two apply respectively. Section contains the review criteria for subdivision variances. The subdivision variances requested are: 1) Section B.4 Street Improvement Standards - Variance for intersection level of service at Durston Rd and Ferguson Ave to be less than level C at time of final plat for some phases of the subdivision. 2) Section Sidewalks To not install a concrete sidewalk along Flanders Mill Road, Baxter Lane, and Ferguson Avenue. To install a Class I asphalt trail in an adjacent public right of way easement. Review criteria. Per MCA , a variance to this chapter must be based on specific variance criteria, and may not have the effect of nullifying the intent and purpose of this chapter. The city shall not approve subdivision variances unless it makes findings based upon the evidence presented in each specific case that the required criteria have been met. The criteria for each variance are shown within the analysis for that variance. Subdivision Variance Request 1) Section B.4 Street Improvement Standards - Variance for intersection level of service at Durston Rd and Ferguson Ave to be less than level C at time of final plat for some phases of the subdivision. The traffic study submitted with the application indicates that the intersection of Ferguson Avenue and Durston Road is presently operating at D, a less than acceptable level of service. It also indicated that the construction of the segment of Ferguson Avenue between Baxter Lane and Oak Street would cause the failed condition to be corrected. The phasing of the subdivision begins in the SE corner of the development. The segment of Ferguson Avenue to be constructed 272

39 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 39 of 50 is adjacent to Phase 5 of the development. The extension of Oak Street with Phase 4 will also improve conditions by providing a secondary route which can avoid that intersection for E-W traffic. The phases are not sequenced by year and more than one may be undertaken at a time. Condition 47 requires that Ferguson Avenue be constructed either with any lots north of Oak Street or sooner if the City can arrange funding for the non-project share of the costs. Presently the extension of Ferguson Avenue is listed on the transportation impact fee CIP. This leaves the eastern side local share of the costs to be met. The improvement of the intersection with a signal or other active control is listed for funding in fiscal year 2017 as is widening of the section of Durston Road between Fowler Avenue and Flanders Mill Road. The present intersection is operating at a level of service D and E for the northbound leg of the intersection. The intersection was recently changed to a four way stop to alleviate excessive delay for some movements. There is not an identified intermediate adjustment similar to the stop signs which would be applied in the short term. Approval of the variance will enable the subdivision to move forward. Denial will require the first final plat to wait either until the construction of the segment of Ferguson Avenue from Oak Street to Baxter Lane or until the intersection of Durston Road and Ferguson is signalized which is planned to occur in Fiscal Year The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties; Three corners of the intersection of Ferguson Avenue and Durston Road have already been developed. The NW corner is owned by a separate entity from the developer. The proposed subdivision is not immediately adjacent to the intersection. Stop signs are in place on all legs to provide a gap in traffic for pedestrian crossings. The City is funding additional installation of sidewalks along the southern side of Durston Road which will improve pedestrian circulation in the area. There will be designated crosswalks on all sides including the north which connects to Meadow Lark Elementary school. The primary effect of the failed level of service is a slight increase in wait time at the intersection. It does not appear that the granting of the variance would be detrimental or injurious. Staff concludes the criterion is met. 2. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of this chapter is enforced; The City is planning on placing intersection control and widening Durston Road in the near future. The work is expected in fiscal year 2017 which is three years from now. Allowing the application to proceed also provides the possibility of a second solution which is the extension of Ferguson Avenue as described above. Condition 47 requires that work to occur prior to its adjacent phase if the City can obtain the necessary remaining funds for the work. The question is more one of timing than character of improvements. There being no identified interim solution it 273

40 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 40 of 50 appears that placing the burden on the developer entirely would create an undue hardship when a solution under the control of the City is available in the middle term. Staff concludes the criterion is met. 3. The variance will not cause a substantial increase in public costs; and If the City required the developer to construct the signal the developer could seek reimbursement from the City for capacity expanding costs. Breaking the widening and signalization of Durston into two projects would likely increase public costs due to two sets of design, mobilization, and traffic control expenses rather than one. Therefore, it appears the variance does not raise public costs. Staff concludes the criterion is met. 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city's growth policy. Staff has not identified any other non-compliance caused by the variance. Staff concludes the criterion is met. Subdivision Variance Request 2) Section Sidewalks To not install a concrete sidewalk along Flanders Mill Road, Baxter Lane, and Ferguson Avenue and instead install a Class I asphalt trail in an adjacent public access easement. A. General. City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed in all developments on all public and private street frontages, except for alleys. The requirements of the city design standards and specifications policy and the city modifications to state public works standard specifications shall apply. The applicant is proposing to not construct the standard sidewalk within the right of way and instead to construct a Class I asphalt trail located within a public access easement adjacent to the right of way. This applies only to the three exterior perimeter streets. All internal streets will have standard location sidewalks. In place of the standard sidewalk the applicant proposes to construct a Class I trail within a public access easement adjacent to the public right of way for Flanders Mill Road, Baxter Lane, and Ferguson Avenue. Condition 39 requires construction per the City s standards. An exception will be created by this variance to not include the sidewalk in its standard location. The condition takes this into account. This is a design choice to provide a unique character to the development while still meeting City standards for functional circulation for pedestrians. Denial of the variance would require construction of a standard sidewalk along Ferguson Avenue, Baxter Lane, and Flanders Mill Road. This does not modify lot or street layouts. A 30 foot common open space would remain surrounding the property along Flanders Mill Road, Baxter Lane, and Ferguson Avenue. 1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or be injurious to other adjoining properties; The variance request is to meet the requirement for pedestrian circulation through an alternative means. There will be full access to all locations. Standard crossing locations of public roads with 274

41 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 41 of 50 appropriate curb ramps will be provided. No detriment to the public or other adjoining properties has been identified. Staff concludes the criterion is met. 2. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, an undue hardship to the owner would result if strict interpretation of this chapter is enforced; No hardship has been identified. However, as all intent and purpose of the requirement will be satisfied there is also no compelling public rationale to deny the request. Section , which also addresses sidewalks, permits the use of Class I trails in-lieu of sidewalks in order to provide transportation pathways. An appropriate public access easement will be provided. Staff concludes the criterion is met. 3. The variance will not cause a substantial increase in public costs; and The construction and maintenance of the Class I trail will be the obligation of the developer and subsequently the property owner s association. Staff concludes the criterion is met. 4. The variance will not, in any manner, place the subdivision in nonconformance with any other provisions of this chapter or with the city's growth policy. No other non-conformities have been identified. Staff concludes the criterion is met. Zoning Variance Review Criteria, Section , BMC The applicant requested five variances as part of this subdivision application. The City has two forms of variances, those for subdivision standards and those for zoning standards. Section , BMC describes when those two apply respectively. Zoning variance criteria are set forth in Section , BMC. The zoning variances requested are: 1) Section Water course setback To encroach into required 50 foot setback for multiple lots in dimensions as depicted in Section 4.1 of the submittal. 2) Section Blocks - To allow Blocks 7, 9, 12, 14, 15, 18 to have a width of less than 200 feet. 3) Section Blocks - To allow Blocks 13, 15, 16, 17, 20, and 24 to have a length greater than 400 feet. If the Commission finds the alternative block length criteria, as analyzed under Section 6, Criteria 3) Effect on Local Services, Streets of this report, have been satisfied then this variance is not necessary. Zoning Variance Request 1) Section Water course setback To encroach into required 50 foot setback for multiple lots in dimensions as depicted in Section 4.1 of the submittal. The proposed subdivision includes the substantial relocation of an existing unnamed tributary to Baxter Creek (UTBC). The present location of the UTBC and the associated low grade wetlands is described in Appendix A of the application. The purpose of the wetland and water course setback is described in Section A. 275

42 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 42 of 50 A. Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the impacts of the development on the watercourse. This mitigation may not be less restrictive than the requirements of the city floodplain regulations or any other applicable regulation of this chapter. The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control. The development proposes to relocate the stream and make a variety of wetland relocations and improvements. The UTBC will now run the full length of the development. The wetlands will be relocated an enhanced in coordination with the watercourse and open space and parks. The relocation requires permits from the US Army Corps of Engineers and the Gallatin Conservation District. Both bodies have given favorable preliminary indications. If the final permits are not granted then the development could not be constructed with the configuration proposed. Condition H requires verification of the permits prior to construction. The municipal code requires a setback of 50 feet from the outer edge of wetlands or a watercourse. The proposed relocation moves the UTBC to a meandering channel within an open space corridor. The distance required for each location differs. See Section 4.1 of the application for a lot description of the reasoning for the encroachment in each location. A map is also provided showing the location. The locations of the setback boundaries are under the control of the developer in this development to a greater degree than in many developments as the watercourse and wetlands are being heavily modified. The requested encroachment is into the required 50 foot buffer rather than into the wetlands themselves. Disapproval of this requested variance could have three possible effects: a) reduction in the number of lots platted, b) a reconfiguration and reduction in width of watercourse and wetland enhancements, and c) the stream remaining in the present location which would add considerable expense and permitting complexity to the relocation of Flanders Mill Road to the west with development of the property to the west. Option C would require such material changes that it would effectively disapprove the subdivision Both the Wetlands Review Board and the Recreation and Parks Advisory Board recommend favorably on the variance. Denial of the requested variance would have a substantial negative effect on the design of the subdivision. The city shall not approve variances unless it makes findings based upon the evidence presented in each specific case that: Review criterion 1. Will not be contrary to and will serve the public interest; The required setback is adopted to accomplish the purposes identified in Section The proposed relocation of the streams and enhancements to the wetlands will continue to meet these purposes. The majority of the area within the setback remains within common open spaces. The area of encroachment is not within the separation from the UTBC but within the 50 feet beyond any wetland border. The overall changes are an improvement to the wetlands and UTBC function and habitat value. Therefore, staff concludes the criterion is met. 276

43 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 43 of 50 Review criterion 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; The unnamed tributary to Baxter Creek is a natural stream. The stream has been damaged over the years by adjacent agricultural operations. The applicant is proposing the relocation and the lot layout of the development. It appears this would place the stream back in its more historic location. The plan depicts a 30 foot wide corridor for the stream rather than narrowly defining an exact channel. This effectively widens the overall corridor significantly. An alternative design which provides less wetland area or a narrower stream corridor in order to keep the 50 foot buffer area within the depicted open spaces is possible in many of the locations. However, the Wetlands Review Board concluded that this would be less beneficial than having the greater wetland area, wider corridor, and the smaller buffer in defined locations. The design of the watercourse and wetlands configuration is unique to the property. The amount of effort to improve the condition of the UTBC is unusual. The entire wetlands improvement is proposed with the initial phase of the development. The area for the central watercourse open space will be required to be set aside by Condition 8. Condition 2 requires the development to be constructed as proposed and conditioned so that the improvements to the wetlands and watercourse area must be completed. A literal enforcement of the regulations would create a lower quality environment and be detrimental to the purposes of the section establishing the standard. Staff concludes the criterion is met. Review criteria 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; As described above, the proposal improves the wetland and watercourse habitat and function. The purposes of Section will be met. The City endeavors to allow creative compliance with the intent and meaning of its regulations. The necessary permits will be obtained, see Condition H, prior to any work being done. Staff concludes the criterion is met. The fourth criterion is specific to floodplains and is not applicable to the requested variance. Therefore, it is not presented here. Zoning Variance Request 2) Section Blocks - To allow Blocks 7, 9, 12, 14, 15, 18 to have a width of less than 200 feet. C. Blocks shall not be less than 200 feet or more than 400 feet in width, except where essential to provide separation of residential development from a traffic arterial or to 277

44 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 44 of 50 overcome specific disadvantages of topography and orientation. The proposed development has six blocks which have a width less than 200 feet. Five of these blocks are between an exterior street and the relocated UTBC. The last, Block 18, is between Flanders Mill Road and Ryan Sun Way. There are alternative layouts which would widen the blocks by replacing the streets with alleyways and placing the street so that block would be compliant with the requirement. However, this would cause other design difficulties such as very long alleys in some locations, additional accesses onto Oak Street, or loss of street connectivity. Disapproval of this variance would require a substantial redesign which would require provision of alleys and reduced lot sizes in several locations to meet the required 200 foot block width. Several streets would need to be relocated. The city shall not approve variances unless it makes findings based upon the evidence presented in each specific case that: Review criterion 1. Will not be contrary to and will serve the public interest; The municipal code contains the block width requirement to ensure that blocks and lots contain a suitable area for building and to prevent double fronted lots which often pose a design challenge. In this circumstance, there is a 30 foot wide buffer strip with a Class I trail around the periphery of the subdivision which separates the lots from the roadway. This reduces the multiple-front design issue. The covenants also require design to provide a two-sided appearance for the homes. Although the parcel size is quite large it has a definite rectangular shape oriented N-S. This in conjunction with the presence of the UTBC presents some strong design limitations. On balance, it appears the proposed block layout balances several competing municipal code priorities and overall is not contrary to the public interest. Staff concludes the criterion is met. Review criterion 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; The UTBC is a natural stream. Protection and enhancement of it places some design limitation on the block layout. This is a condition unique to the property. The design of the subdivision is limited by several standards in the municipal code. The applicant s choice to request a variance from this standard in order to advance other requirements is a fairly debatable option. Staff concludes the criterion is met. Review criteria 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; The growth policy calls for protection and enhancement of environmental features, including 278

45 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 45 of 50 watercourses. The blocks are providing for suitable building areas on each lot. Staff concludes the criterion is met. The fourth criterion is specific to floodplains and is not applicable to the requested variance. Therefore, it is not presented here. Zoning Variance Request 3) Section Blocks - To allow Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length greater than 400 feet. B. Block length. 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. Ferguson Avenue is a collector street which has a restriction on access points. There is no ability to go east of Ferguson for the blocks north of Oak Street as the Gallatin County Regional Park occupies the entire distance from Oak Street to Baxter Lane. The proposed Field Sports Park likewise blocks the west side of Flanders Mill from Oak to Baxter Lane. All of the Blocks for which the variance is requested are north of Oak Street. The UTBC has a N-S corridor stretching the full length of the subdivision. Street crossings of the UTBC are provided for all collectors and arterials within or adjacent to the subdivision and adjacent to any public parks, i.e. Tanzanite Drive. An alternative is in Section D to provide for pedestrian connections in lieu of a street when it is necessary to divide a block length but it is undesirable to do so with a full street. The proposal includes such pedestrian connections in all required locations. This has two alternative actions. The municipal code allows for some flexibility in defined situations for extending the length of a block beyond the default maximum of 600 feet. If the Commission finds that the defined conditions exist they may approve the additional length as an alternative compliance approach rather than as a variance. If the Commission does not find that the conditions exist for alternative compliance they may approve the additional block length as a variance. If neither option is approved additional street extensions are required as identified in the report in Section 6. The city shall not approve variances unless it makes findings based upon the evidence presented in each specific case that: Review criterion 1. Will not be contrary to and will serve the public interest; The municipal code requires blocks to not exceed certain lengths in order to provide adequate connectivity for pedestrian and vehicular circulation (including emergency vehicles). It also allows for some flexibility in the application of the standard recognizing that there are places where streets may not be desirable. Pedestrian connectivity has been provided in all necessary 279

46 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 46 of 50 locations to meet the standard. Four streets connect E-W between Ferguson Avenue and Flanders Mill Road. Connection of Forage Drive would provide a fifth connection. The connection would divide Open Space T in approximately half. The City has prioritized the protection of water quality, wetlands, and pedestrian travel. The additional street would intersect with all three for a modest beneficial increase in vehicular connectivity. In this circumstance it appears that on balance the public benefit is best served by providing a pedestrian connection rather than a vehicular one. Construction of the pedestrian facilities is subject to the standards of Section , see Condition I. Staff concludes the criterion is met. Review criterion 2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which would unavoidably result from the enforcement of the literal meaning of this chapter: a. Hardship does not include difficulties arising from actions, or otherwise be self-imposed, by the applicant or previous predecessors in interest, or potential for greater financial returns; and b. Conditions unique to the property may include, but are not limited to, slope, presence of watercourses, after the fact imposition of additional regulations on previously lawful lots, and governmental actions outside of the owners control; The UTBC is a natural stream which passes N-S through the development. Presence of watercourse is a listed potential condition unique to the property. The applicant is making significant efforts to improve the character of the UTBC. Additional stream crossings may be detrimental to the designed wetlands enhancements. Staff concludes the criterion is met. Review criteria 3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice; As described there are a variety of means to address block length compliance. The proposed alternatives shown appear to meet the intent and spirit of the chapter. Staff concludes the criterion is met. The fourth criterion is specific to floodplains and is not applicable to the requested variance. Therefore, it is not presented here. APPENDIX A ADVISORY CODE CITATIONS The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. It is the duty of the applicant to submit plans and other materials which conform to all standards. Submittal of inaccurate or incomplete materials may delay review of the application or prohibit its approval. 280

47 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 47 of 50 APPENDIX B PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The project site is designated as R-3, R-4 and PLI zones. The intent of each of these zones is established in Chapter 38, Unified Development Code, BMC and is excerpted below. From Section , BMC A. The intent and purpose of the residential zoning districts is to establish areas within the city that are primarily residential in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one residential district is to provide opportunities for a variety of housing types and arrangements within the community while providing a basic level of predictability. There is a rebuttable presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. All development is subject to section Residential density is correlated with many community goals and objectives that are contained in the city's adopted growth policy, as well as many standards and purposes of this chapter. Section sets standards for minimum densities in residential districts which will advance these goals, objectives, and purposes. 4. The intent of the R-3 residential medium density district is to provide for the development of one- to five-household residential structures near service facilities within the city. It should provide for a variety of housing types to serve the varied needs of households of different size, age and character, while reducing the adverse effect of nonresidential uses. 5. 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. Section Intent. The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another district; however larger areas will be designated PLI. 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 281

48 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 48 of 50 areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. APPENDIX C DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description: This is a subdivision of acres into 295 lots. One PLI lot for an existing electrical substation, 2 multi-household lots, and 292 single household lots including 16 for accessory dwelling units. The property is bounded by Baxter Lane on the north, Flanders Mill Road on the west, and Ferguson Avenue/Gallatin County Regional Park on the east. The application includes a mix of single detached, single attached, and multi-household development with a majority being for single detached style development. Project Background: The northern portion of the property was annexed and given municipal zoning in the fall of There area south of Oak Street extended was annexed and given preliminary plat approval as a portion of the Diamond Estates 2 and 3 projects in the mid 2000 s. Those subdivision approvals expired. No entitlements from the prior development remain. APPENDIX D NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on June 1 and June 15, Notice was posted on site on May 29, 2014 and mailed to persons owning property within 200 feet of the subdivision on May 30, Notice has been provided at least 15 and not more than 45 days prior to the Planning Board and City Commission public hearings. The City Commission public hearing is scheduled for July 7, No public comment was received prior to or during the Planning Board public hearing. A written comment was received on June 23, 2014 which has been attached. APPENDIX E OWNER INFORMATION AND REVIEWING STAFF Owner and Applicant: Flanders Mill LLC, 235 Green Hills Ranch Road, Bozeman MT Representative: C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman MT

49 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 49 of 50 Report By: Chris Saunders, Policy and Planning Manager FISCAL EFFECTS This application provides opportunities for the City to partner with this development in the construction of several key improvements, notably, Ferguson Avenue and Flanders Mill Road. The City has committed funds to these projects. The cost of these projects can be shared with this development. The City has made additional impact fee funds available for widening the adjacent section of Baxter Lane to its full width. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT Application materials Available electronically through this link. Preliminary Plat Supplements Required for All Subdivisions 1. Zoning Variance Request Wetland and Watercourse Setback 2. Subdivision Variance Request Non-standard Sidewalk 3. Alternative Compliance Narrative Block Length and Width 4. Alternative Compliance Narrative Park Dedication 5. Adjoining Property Owners List and Certificate 6. Neighborhood Certificate 7. Vicinity Map 8. Preliminary Plat Map 9. Approved Noxious Weed Management and Revegetation Plan 10. Preliminary Platting Certificate V. Additional Subdivision Preliminary Plat Supplements 1. Surface Water 2. Floodplains (Waived) 3. Groundwater (Waived) 4. Geology, Soils, Slopes 5. Vegetation (Waived) 6. Wildlife (Waived) 7. Historical Features (Waived) 283

50 P-14024, Staff Report for the FLANDERS MILL PHASE 1-7 SUBDIVISION Page 50 of Agriculture 9. Agricultural Water User Facilities 10. Water and Sewer 11. Stormwater Management 12. Streets, Roads, and Alleys 13. Utilities 14. Educational Facilities 15. Land Use 16. Parks and Recreation Facilities 17. Neighborhood Center Plan 18. Lighting Plan 19. Affordable Housing (Waived) 20. Miscellaneous 21. Stormwater Management Permit Application Appendix A 404 Permit Application Appendix B Geologic Maps Appendix C Water and Sewer Design Reports Appendix D Stormwater Management Design Report Appendix E Traffic Impact Study Appendix F Pavement Design Appendix G Service Provision Response Letters Appendix H Lighting Plan Appendix I Phasing Narrative Minutes from Recreation and Parks Advisory Board Park area calculations Additional park illustrations and explanatory material from the applicant Minutes from Wetland Review Board Planning Board Resolution Planning Board minutes Public Comment 284

51 Bozeman Recreation & Parks Advisory Board SUBJECT: FROM: PLANNER: REVIEW DATE: 5/9/2014 P.O. Box 1230 Bozeman, MT Park Plan Review Flanders Mill Subdivision Review Committee BACKGROUND: Flanders Mill is a 140 acre proposed development located between the Regional Park and the site identified for the city s 80 acre Sports Complex. The dedication requirement is to be met with a combination of dedicated parkland and private parkland with public access. The parkland acreage comfortably meets requirements. The plan emphasizes walking and biking by creating an expansive well-developed north/south stream corridor with trail and east/west trail connections between the adjacent parks. The required sidewalks around the perimeter will be replaced with a landscaped meandering 8 paved multi-use trail in an effort to create a more inviting bike/ped experience and greater distance between non-motorized use and traffic. Two parks with recreational equipment create attractive gathering places with nearly full street frontage, good parking, and easy bike-ped access. In effect, there are neighborhood centers on either side of soon to be busy Oak Street. Central to this design is the relocating of the existing watercourse to its original location, before it was channeled for agriculture. This will improve the stream, create the creek/trail corridor, connecting stream and trail to Baxter Meadows Park to the north. COMMENTS: Ordinarily so much of the park acreage being devoted to linear would not be favored but in this case there is an enormous expanse of open active play area on either side of the development. Additionally the linear park is truly a park, not just a trail along a creek. It will have features: benches, exercise stations, access points, etc. This is an excellent design concept of a type currently hard to find in Bozeman. It would be a great addition to our park system. The committee is very much in favor of the emphasis on non-motorized mobility throughout. 285

52 Encroachment issues are being dealt with by means of a uniform fence all along the linear park All watercourse trails are to be completed in Phase 1, an approach we strongly favor. RECOMMENDATION: This is a well crafted park and trail concept that we fully endorse. All requirements have been met or exceeded and the emphasis on non-motorized connectivity is applauded by the Recreation and Parks Board. FISCAL EFFECTS: N/A ALTERNATIVES: N/A Respectfully submitted, Sandy Dodge, RPAB Subdivision Review Committee 286

53 Flanders Mill Subdivision Park land, Open Space, and Stormwater Areas Type Title Size in Sq FT Central Corridor Open Space G 114,140 Net Dedicated Park in Acres Open Space I 84, Open Space T 176,396 Open Space V 171,953 Net Open Space in Acres 547, Park Total Net Open Space and Park Park 1 448, Park 2 77, ,477 Gross Open Space Perimeter - Gross Open Space A 3,456 Gross Open Space and Park Open Space B 6, Open Space C 7,200 Open Space D 8,909 Open Space E 6,861 Storm Water Area Open Space F 15,687 Open Space J 8,466 Open Space H 17,520 Open Space Q #2 10,394 Open Space J 32,404 Open Space Q #3 7,800 Open Space K 13,922 Open Space O #4 5,006 Open Space M 24,354 Open Space O #1 10,898 Open Space O 86,691 Open Space V #1 14,155 Open Space Q 122,540 Park 1 - lake 112,762 Open Space R 3,060 Park 2 pond #1 1,775 Open Space U 125, , ,940 Perimeter Trail Subset of Gross Perimeter Distance x 25 feet 258,550 Block Dividers Open Space L 3,307 Open Space N 3,300 Open Space P 3,309 9,

54 Wetland Review Board Wednesday, May 7, 4:00 pm City of Bozeman Department of Community Development 20 East Olive, Upstairs Conference Room ITEM 1. CALL MEETING TO ORDER AND ATTENDANCE WRB meeting called to order at 4:09 pm. Attendance: Staff: Cyndi Crayton Rex McLachlin Brian Sandefur Guy Alsentzer Kyle Martins Chris Saunders Members of the Public: Walt Wolf Lynn Bacon Scott Bechtle ITEM 2. PUBLIC COMMENT Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. There was no public comment. ITEM 3. ACTION ITEMS 1. Flanders Mill MaSub Preliminary Plat #P (Saunders/Johnson). * Bordered by Baxter Lane(N), Ferguson Ave (E), and Flanders Mill Road(W) A Preliminary Plat Application to allow the subdivision of acres into 292 singlehousehold lots, 2 multi-household lots, one public institution lot, variances requested for alternative sidewalk option, and provision of alternative parkland option. Requesting variance from Section , Watercourse Setback requirements. (Chris Saunders) For more information please contact City of Bozeman Department of Community Development: (406) This board generally meets as needed. Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, James Goehrung at (TDD ). 288

55 Staff Presentation Planner Saunders stated for the record that this action item is a request to subdivide approximately 137 acres into 295 lots, relocate an unnamed tributary to Baxter Creek, relocate and modify wetlands, and a variance request from wetland setbacks requirements. Applicant presentation Lynn Bacon and Scott Bechtle, the Applicant s representatives, gave a brief summary of the overall project. Additional wetland areas will be created in association with the relocation of the unnamed tributary. Existing wetlands on site are very low quality and function. They continued by articulating why the variance is requested and how the proposed design furthers the intent of the wetland setback. Seeking a relaxation in the setback distance to allow more area to have additional wetland area. Substantial plantings will be placed along the relocated watercourse. Public Comment There was no public comment on the proposal. Board Discussion The WRB was supportive of the variance request. The Board found the proposed encroachment to be reasonable while insuring adequate separation between human activity and the wetlands. Coordinated fencing along the open spaces containing the wetlands will help reduce encroachment and protect the wetland. The Board discussed the proposed trial locations and potential impacts and need for some separation between the trail and wetland areas. The Board continued by stating it appeared the information for the Board to perform an adequate review of the project and provide the Commission a positive recommendation on the project had been provided. Board member Crayton moved to recommend that the City Commission grant the setback variance from Section , BMC. The motion was seconded by Board member Martins. The motion passed unanimously (5-0). 2. Election of Officers. The floor was opened to nominations. Board member Alsentzer nominated Board member Sandefur as president. Board member Crayton seconded. Seeing no objections the nominations were closed. Motion passed unanimously (5-0). Board member Crayton nominated Board member McLachlin as vice-president. Board member Alsentzer seconded. Seeing no objections the nominations were closed. Motion passed unanimously (5-0). ITEM 4. NEW BUSINESS (Board requested) None 2 289

56 ITEM 5. ADJOURNMENT The WRB adjourned at 5:00 pm

57 Flanders Mill Major Subdivision RESOLUTION #P RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION TO SUBDIVIDE ACRES, LOCATED BETWEEN FLANDERS MILL ROAD, BAXTER LANE, AND FERGUSON AVENUE INTO TWO HUNDRED NINETY-TWO (292) RESIDENTIAL SINGLE HOUSEHOLD LOTS, TWO (2) MULTI-HOUSEHOLD LOTS, AND ONE (1) PUBLIC LAND AND INSTITUTION LOT ON PROPERTY DESCRIBED AS TRACT 1 OF COS 2384, LOCATED IN THE EAST ONE-HALF (E1/2) OF THE WEST ONE- HALF (W1/2) OF SECTION 3, TOWNSHIP TWO SOUTH (T2S), RANGE FIVE EAST (R5E), P.M.M., GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section , M.C.A.; and WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the Bozeman City Commission as provided for in Title , M.C.A.; and WHEREAS, the property owner Flanders Mill LLC, 235 Greenhills Ranch Road, Bozeman, MT 59718, represented by C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT submitted a Major Subdivision Preliminary Plat Application to subdivide acres two hundred ninety-two (292) residential single household lots, two (2) multihousehold lots, and one (1) public land and institution lot and legally described as Tract 1 of COS 2384, located in the east one-half (e1/2) of the west one-half (w1/2) of section 3, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana.; and WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly submitted, reviewed, and advertised in accordance with the procedures of Section of the Bozeman Unified Development Code; and WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, June 17, 2014, to review the application and any written public testimony on the request for said Major Subdivision Preliminary Plat Application; and WHEREAS, no comments either written or verbal were received from the public; and WHEREAS, members of the City of Bozeman Planning 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 WHEREAS, the City of Bozeman Planning Board moved to recommend approval of alternative compliance and variances relating to dedication of parks, watercourse setbacks, block width, block length, provision of alternative sidewalks, and the level of service at the intersection of Ferguson Avenue and Durston Road as described in the staff report and recommended conditions of approval provided in the staff report; and 1 291

58 Flanders Mill Major Subdivision WHEREAS, the City of Bozeman Planning Board 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 NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Bozeman Planning Board, having heard and considered public comment, adopted the findings presented in the staff report for P and voted as follows: Regarding Dedication of Parks and Waiver of Park Dedication in favor of the request as submitted 7-1; Regarding Release and Reconveyance of Park Easement in favor of the request as submitted 8-0; Regarding Wetland and watercourse setback in favor of the requested variance as submitted 8-0; Regarding the Block width in favor of the variance request as submitted 7-1; Regarding Alternative compliance for Block length in favor of the alternative as submitted 8-0; Regarding Levels of Service for the intersection of Ferguson Avenue and Durston Road in favor of the request as submitted 7-1; Regarding variance to not provide a sidewalk along Flanders Mill, Baxter Lane, and Ferguson Avenue and instead provide alternative compliance of providing a Class I trail in favor of the request as submitted 8-0; Regarding to recommend approval of the preliminary plat application, including all prior actions, for the Flanders Mill Major Subdivision to subdivide acres into 295 lots subject to the following conditions 7-1, with an amendment to the main motion to require that park and open space areas to have coherent fencing styles not to exceed four (4) feet in height 6-2: 1) The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2) The final plat for each phase of the subdivision shall conform to the design and amenities included within the subdivision application and the conditions of approval. Alterations require approval by the City of Bozeman. 3) The final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required certificates. The final plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The applicant is advised that unmet code provisions, or code provisions that are not specifically 2 292

59 Flanders Mill Major Subdivision listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the BMC or State law. 4) A separate Conditions and Notes sheet shall be included with each final plat. 5) The area of the subdivision not included in a final plat shall be designated as Lot 1R or another designation mutually agreed upon and shall be subject to the following note: Notice Is Hereby Given to all potential purchasers of Lot R of the plat of the Flanders Mill Subdivision Phase, City of Bozeman, Gallatin County, Montana that the final plat of the subdivision was approved by the City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision or development review, and no development of this lot shall occur until all on and off-site improvements are completed as required under the Bozeman Municipal Code. Therefore, Be Advised, that Building Permits will not be issued for Lot 1R of the Plat of the Flanders Mill Subdivision Phase, City of Bozeman, Gallatin County, Montana until all required on and off-site improvements are completed and accepted by the City of Bozeman. No building or structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman. PARKS AND OPEN SPACES 6) All common open spaces shall be clearly designated on the plat with sequential incrementors such as Common Open Space A, Common Open Space B, etc. All references within covenants, application materials, etc shall clearly refer to the identified spaces. 7) 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, E, F, G and H. 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

60 Flanders Mill Major Subdivision 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: 8) The public park area and private open spaces with public access used to satisfy parkland dedication requirements of Article 38.27, BMC for all phases of the Flanders Mill Subdivision shall be provided as a public park easement with the first final plat of the Flanders Mill Subdivision. The easement boundaries and area shall correspond with the approved park layout and park master plan. Park areas within each final platted area (not lot 1R) will be dedicated with the final plat. 9) Proposed Blocks 11 and 12 will displace portions of an existing park easement. The existing easement shall be released and reconveyed to the owner at the time of the final plat of Phase 1 in conjunction with the provision of a new easement for all park lands in all phases of the Flanders Mill Subdivision. 10) The property owner s association documents for this subdivision shall be drafted so that the entirety of the property being subdivided in all phases is subjected to the obligations of park and open space maintenance at the time of the recording of the final plat of the first phase. Contribution to maintenance expenses may be proportionate to the number of lots platted. 11) The property owner s association documents created for this subdivision shall include provisions describing the agreed upon method of contribution to the Flanders Mill Property Owners Association and binding property owners of future phases to contribute to the maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Flanders Mill Property Owners Association. The provisions in the property owner s association documents fulfilling this condition shall be considered required by the City Commission pursuant to Section A.5, BMC. The City may release the Flanders Mill Property Owners Association from the obligation to maintain parks dedicated to the City at the City s discretion. 12) Installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas in each phase is required prior to the final plat application of that phase in accordance with the requirements of Section Landscaping of Public Lands. This includes the common open spaces providing pedestrian walks

61 Flanders Mill Major Subdivision 13) The required additional investment in park facilities, structures, or land required due to having less than 100% frontage on Park 1, shall be provided by installation of the depicted workout stations in Park 1 as described in the Park Plan. Installation shall be coordinated with the phase in which Park 1 is dedicated to the City on the final plat. 14) 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 Fences, Walls and Hedges. This requirement, with appropriate exhibits of fence types, shall be addressed and illustrated in the property owner s association documents. The documents shall include a single fence style acceptable to the City for locations fronting any public park. 15) The final Park Plan shall be revised to remove the asphalt trails from the list of future items. The asphalt trails are an alternative compliance for sidewalks and shall be installed concurrently with the infrastructure with each phase by the developer. The final Park plan shall break out the costs for development of Park 2 into those with initial development prior to platting and those for future work. 16) The certificate of dedication shall be revised to note that the property owners association is responsible for maintenance of the medians in Annie Street and Harvest Parkway Road. The City will accept maintenance for all other public streets. 17) The certificate of dedication shall be revised to note that the property owners association is responsible for maintenance of all common open spaces and shall be responsible for maintenance of dedicated parks 1 and 2 until released from this obligation by the City. 18) Prior to beginning any excavation of gravel within Park 1 a copy of approved DEQ mining permits or evidence they are not needed shall be provided to the Department of Community Development. 19) Open Space U shall be configured with the wetlands enhancement to capture overland discharge from the electrical substation tract and avoid surface water discharges from Open Space U. 20) 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. 21) The final Park Plan must be submitted, reviewed and approved by the City Commission prior to Final Plat approval of the initial phase of the major subdivision. The calculated park areas shall not include any areas used for stormwater treatment. 22) The Class I paved trail depicted along Flanders Mill Road shall be continued through the park area in the same placement in relation to the street as in the public access easement along 5 295

62 Flanders Mill Major Subdivision Flanders Mill Road in the areas outside of the park; and the Class II trails shall intersect with it to enable a complete circulation loop. 23) The Class I paved trail shall be located within a public easement of adequate width to provide for its maintenance and conform to Section , BMC. STORMWATER 24) Any stormwater flows directed into the surface water features created in Park 1 shall be treated to remove oils and suspended solids before being discharged to the surface waters. Treatment shall comply with the City s stormwater program and requirements. 25) All stormwater facilities not on property dedicated to the City of Bozeman require public utility easements for storm water facility maintenance. STREET LIGHTS 26) A complete application for the required special improvement lighting district shall be submitted to the City of Bozeman Finance Department at least 60 working days prior to the submittal of the final plat for review. The request to form a lighting district shall include all lighting types for which the district will be responsible. 27) The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat for the Flanders Mill Subdivision. As each final plat within the Flanders Mill Subdivision is approved the area and number of lots approved for development and associated lighting improvements shall be added to basis of the installed improvements and the fee payers of the district. Areas within the district which are platted as Lot 1R shall not be assessed a fee or if it is determined that a fee must be charged to Lot 1R the lot shall be assessed as a single lot. 28) A comprehensive lighting plan shall be submitted for all surrounding streets and intersections. 29) Any public street lighting installed by this development shall be LED. OTHER SUBJECTS 30) Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 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 presence of high groundwater in the area of the subdivision: Due to the potential of high ground water tables in the areas of the subdivision, it is not recommended that residential dwellings or other structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction

63 Flanders Mill Major Subdivision 32) 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. 33) The easement for the agricultural water user facility along Baxter Lane shall be provided by separate document but shall be referenced on the Conditions and Notes sheet of the final plat. The easement document shall specify the dimensions and beneficiary of the easement; and shall be recorded with the Gallatin County Clerk and Recorder not later than the time that the final plat is recorded within which the easement is located. 34) The western boundary of Lot 10, Block 1 shall be straightened to keep essentially the same line as lots to the north to minimize encroachments and simplify fencing and open space boundary. 35) A written narrative shall be submitted describing what improvements will be completed with each phase of the subdivision. Each phase must address paving, drainage, access and other site improvements independently prior final plat. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 36) City standard sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 37) The applicant shall 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: Streets a) Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). Intersections b) Improvements to the intersection of Ferguson Avenue and Durston Road

64 Flanders Mill Major Subdivision c) Improvements to the intersection of Flanders Mill Road and Durston. d) Improvements to the intersection of Baxter Lane and Davis Lane. e) Improvements to the intersection of Cottonwood Road and Durston Road. f) Improvements to the intersection of Baxter Lane and Harper Puckett Road. g) Improvements to the intersection of Davis Lane and Oak Street. h) Improvements to the intersection of Babcock Street and Cottonwood Road. i) Improvements to the intersection of Babcock Road and Ferguson Avenue. The document filed shall specify that in the event an SID is not utilized for the 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. 38) Street names must be approved by the City Engineer and Gallatin County road office prior to final plat approval. 39) All streets contained within the subdivision shall be within dedicated public right of way and built to city standards unless an exception is approved with the preliminary plat. 40) Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 41) A one foot no access strip shall be recorded on the final plat restricting access for any lots fronting onto Ferguson Avenue, Baxter Lane and Oak Street. 42) Secondary vehicular accesses will be required with each individual phase of this development as the project proceeds from one phase to the next. 43) Each phase of the subdivision shall have a minimum of two separate water main feeds. Single source loops created by phasing will not be allowed. 44) Any existing water or sewer mains that will be relocated with this development are required to be relocated in a public street right of way or an alley as approved by engineering and the water/sewer superintendent. 45) Road geometry shall meet the criteria in the City of Bozeman design standards unless a deviation can be justified. 46) All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications. Any necessary private utility easements that will be required to serve the subdivision shall be shown. 47) The construction of Ferguson Avenue is required at the time the funding for the east drive 8 298

65 Flanders Mill Major Subdivision lane and east parking lane has been secured for the street extension, or prior to the lots north of Oak Street being platted. 48) Any lots within this subdivision that will be served by a publicly maintained lift station shall pay a surcharge for the ongoing operation and maintenance of the facility. 49) A note on the Conditions and Notes sheet of the plat shall state: Water rights for Lots 1 and 2 of Block 25 in phase 7 have not adequately addressed cash in lieu of water rights. Cash in lieu of water rights or the equivalent water rights must be transferred to City of Bozeman prior to or at the time of final site plan approval. 50) The proposed subdivision is located within the following payback districts: a) Baxter/N. 19 th Signal b) Meadow Creek Sewer c) Valley West Water d) Valley West Sewer e) Valley West Street These payback districts must be paid before final plat in accordance with the approved payback documents. 51) The necessary minimum right of way shall be dedicated with the final plat for the following streets: a) Ferguson Avenue (Collector) 45 feet. b) Oak Street (Principal Arterial) 125 feet. c) Baxter Lane (Minor Arterial) 45 feet. d) Flanders Mill Road (Local Street) 30 feet. e) Annie Street (Non-standard Local Street) 74 feet. f) Harvest Parkway (Non-Standard Local Street) 74 feet. All other internal local streets shall be dedicated at a minimum right of way width of 60 feet. COVENANTS 52) The definition for Common Area in Section 1.9 of the property owner s association documents shall not include reference to any lands being conveyed to the City of Bozeman or reference to Public Park. 53) A definition of Public Park shall be added to Article 1 of the property owners association documents which includes those parks dedicated to the City of Bozeman. That 9 299

66 Flanders Mill Major Subdivision definition shall then be used as appropriate in describing duties and responsibilities throughout the documents. 54) Section 2.1 shall be revised so that the obligations for participation in park, open space, and storm water maintenance apply to the entire property at the time of filing of the first final plat. 55) Section 5.2.F shall be revised. A property owners association may not bar or restrict access to public parks or areas subject to a public access easement. 56) Section 7.3 shall be revised. A property owners association may not restrict access or use of public streets. Covenants may reference City adopted parking and related standards for public streets in Chapter 34 BMC or similar reference. 57) Section 8.4 shall be revised to coordinate with fencing dimensions and styles established with the final Park Master Plan. 58) Section 8.5 as written may not comply with the allowed yard encroachments of Section , BMC. Please verify and correct as needed. 59) Section 9.2.A shall be revised to recognize the required maintenance obligation for common spaces of Article 38.38, BMC. All facilities and improvements which are required as a condition or requirement of platting shall be maintained in good condition. 60) Section 10.3 shall be revised so that the term of the covenants renews until at least such time as the City releases the property owners association from obligation for maintenance of common spaces and facilities provided with the subdivision. 61) Section 10.4 shall be revised so that is states that the covenants may not be amended in a manner that places them out of compliance with Article 38.38, BMC or contrary to the conditions of approval of the subdivision. 62) Article XIII shall be revised so that references to Gallatin County requirements are removed. Items D, F, G, J-P may be retained. Other items may be added to advise of requirements of the conditions of approval such as 404 permit restrictions or City regulations. DESIGN GUIDELINES 63) Section 2.6 shall be amended to note that the City does not enforce private design guidelines. 64) Section 3.3 shall be revised to account for the two large multi-household lots and the Accessory Dwelling Unit lots which are described in the covenants. 65) Section 3.4, please verify the height limitations and whether they will apply to the multihousehold lots

67 Flanders Mill Major Subdivision 66) Section 3.5, the proposed text is allowed for primary dwellings; however the City discourages minimum home sizes. The text also would be in conflict with maximum allowed Accessory Dwelling Unit size and likely would conflict with the achievable size for the townhome lots. The text shall be revised to avoid these conflicts. 67) Section 4.1, review and adjust if needed to account for the alley loaded lots on Block 5. 68) Section 4.8, revise and include reference to City of Bozeman regulations for on-street parking. 69) Section 4.10 appears to conflict with the City s adopted lighting standards in Section , BMC. Revise to remove conflicts. And the following corrections to the plat to conform with adopted code standards. A. If the Commission does not find the alternative block length criteria are met for maximum length of Block 13 then Harrow Lane shall be connected to Windrow Drive in lieu of the proposed pedestrian right of way. If the Commission finds that the alternative block length criterion are satisfied or grants a variance from the section then the plat as presented is acceptable. B. If the Commission does not find the alternative block length criteria are met for maximum length of Block 16 then Forage Drive shall be connected to Ferguson Avenue in lieu of the proposed pedestrian right of way. If the Commission finds that the alternative block length criteria are satisfied or grants a variance from the section then the plat as presented is acceptable. C. The Final Park Plan(s) shall include all those materials required by Section A.4, BMC. D. Section D. Lot 4, Block 12 may not encroach upon the detention facility in Open space J. E. Section The location of mailboxes shall be coordinated with the City Engineering Department and U.S. Postal Service prior to their installation. F. The traffic impact study provided indicates that the intersection of Durston/Ferguson does not operate at an acceptable level. Section B.4 outlines the requirements for operating levels of service for arterial and collector intersections. No development may occur until section B.4 is adequately addressed or a variance to the intersection is granted. G. Section outlines additional permits that may be required beyond what is administered by the City of Bozeman. 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 plan and specification approval

68 Flanders Mill Major Subdivision H. Section requires pedestrian rights of way to be constructed as standard City sidewalks. Those sections outside of the common open space used to satisfy parkland requirements, e.g. OS O, N, M, and T used for block length compliance, shall be depicted and constructed in accordance with the Section. I. Any alteration or realignment of the existing ditch(es) within the development shall follow the guidelines within UDC , more specifically UDC D.3. J. BMC Section g.9 requires a Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. 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. DATED THIS DAY OF, 2014 Resolution #P Trever McSpadden, President City of Bozeman Planning Board Chris Saunders, AICP Department of Community Development

69 MINUTES CITY OF BOZEMAN PLANNING BOARD COMMISSION MEETING ROOM, CITY HALL 121 NORTH ROUSE AVENUE TUESDAY, JUNE 17, :00 P.M. ITEM 1. CALL TO ORDER AND ATTENDANCE Mayor - Jeff Krauss: Present Council Member - Erik Garberg: Present Board Member - Paul Neubauer: Present Board Member - Julien Morice: Present Board Member - George Thompson: Present Board Member - Gerald Pape Jr.: Absent Board Chair - Trever McSpadden: Absent Board Member Brett Potter: Absent Board Member - Laura Dornberger: Present Staff Tom Rogers, Planner Chris Saunders, Planner Members of Public Matt Eckstrom, Morrison-Maierle Mark Meyer 2585 Creekwood Dr Kristin Cardin 2457 Creekwood Dr Jeff Johnson 2563 Creekwood Dr Susan Riggs, Intrinsik Architecture Rob Pertzborn, Intrinsik Architecture Brian Kline, Valley Center LLC Dean and Anne Halse, Valley Center LLC Walter Wolf for Flanders Mill, LLC Chuck Hinesley Troy Sherer, Design Five Landscape Architecture Taylor Balian Mike Balch ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.) 07:03:42 PM Chair Pro-Tem Garberg opened for Public Comment no public comment forthcoming. ITEM 3. DRAFT MINUTES OF MAY 20,

70 07:02:34 PM Chair Pro-Tem Garberg asked for motion and second to approve minutes of 05/20/14. Minutes approved unanimously. ITEM 4. PROJECT REVIEW 1. Legends at Bridger Creek II Ph. 3 Preliminary Plat Application P14022 A Subdivision Preliminary Plat Application requested by the property owner/applicant Guinness Partners, Inc., 430 N. Ryman, 2 nd floor, Missoula, MT 59802; and represented by Morrison-Maierle, Inc. PO Box 1113 Bozeman, MT to allow the subdivision of acres into 51 singlehousehold lots and related streets and open space in the Bridger Creek II Subdivision. The property is generally located between Midfield Street and Creekwood Drive, south of Bridger Creek. The property is zoned R-1 (Residential Single Household Low Density District). The properties involved are described as Lot 69, Lot 70 and Lot R of the Legends at Bridger Creek II Subdivision, Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East, P.M.M, City of Bozeman, Gallatin County, Montana. (Rogers) 07:03:07 PM Open for Item #4 Project Review. 07:03:54 PM Planner Rogers presented his staff report. 07:12:28 PM Planner Rogers finished his presentation and responded to questions. Questions from Mayor Krauss, Mr. Morice, Mr. Thompson, Mr. Neubauer. 07:23:24 PM Questions for Planner Rogers closed and presentation by Applicant. Mr. Matt Eckstrom of Morrison-Maierle, representing the Applicant, addressed the Board. 07:26:41 PM Closed for Applicant and opened for Public Hearing. Mr. Mark Meyer, 2485 Creekwood Dr, commented regarding habitat, open space, quantity of homes and public safety. Ms. Kristin Cardin, 2457 Creekwood Dr, commented on limited open space in Creekwood Subdivision and the alley on Boylan Rd. Mr. Jeff Johnson, 2563 Creekwood Dr, commented that this phase is out-of-character with the rest of Legends at Bridger Creek with very little access to open space corridor. 07:31:09 PM Chair Pro-Tem Garberg closed the Public Hearing and opened for questions, motion, discussion and vote. Questions from Mayor Krauss, and Mr. Thompson. 07:40:44 PM - Motion Board Member - Julien Morice: Motion Board Member - George Thompson: 2nd 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 P14022 and move to approve the Legends at Bridger Creek II, Phase 3 Major Subdivision with conditions and 304 2

71 subject to all applicable code provisions. 07:41:10 PM Mr. Morice spoke to the motion. 07:42:25 PM Discussion on amendment to motion. Board Member - George Thompson: Motion Mayor - Jeff Krauss: 2nd I move to amend the motion to align easement access coming off the roadways to the open space to reflect public comment. 07:43:43 PM Opened for discussion on amendment to motion. 07:43:54 PM Chair Pro-Tem Garberg called for vote on amendment to motion. Board Member - George Thompson: Motion Mayor - Jeff Krauss: 2nd Amendment to motion carries unanimously. 07:44:09 PM - Chair Pro-Tem Garberg called for evaluation of approving subdivision with amended Condition of Approval. Discussion by Mayor Krauss, Mr. Morice, Mr. Thompson, Mr. Garberg, Ms. Dornberger. 07:53:32 PM Chair Pro-Tem called for question on amended motion. Board Member - George Thompson: Motion Mayor - Jeff Krauss: 2nd Mayor - Jeff Krauss: Disapprove Council Member - Erik Garberg: Approve Board Member - Paul Neubauer:Disapprove Board Member - Julien Morice: Disapprove Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Absent Board Chair - Trever McSpadden: Absent Board Member Brett Potter: Absent Board Member - Laura Dornberger: Disapprove Motion fails :53:46 PM Chair Pro-Tem Garberg stated this move forward to the Commission Meeting on July 7 th with a negative recommendation 07:54:09 PM Chair Pro-Tem Garberg opened Item #2. 2. Cattail North Growth Policy Amendment Application P14016 A Growth Policy Amendment application is proposed by property owner Valley Center LLC, P.O. Box 11890, Bozeman MT and the representative is Morrison-Maierle, Inc., P.O. Box 1113, Bozeman MT has been submitted to the City of Bozeman Department of Community 305 3

72 Development for an amendment to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Residential to Community Commercial Mixed Use upon property located at 3646 N 27th Ave. and 4900 West Lake Road. The proposal would affect ~32 acres of land of a total of acres. The property is legally described as a portion of Lot 2A, Minor Subdivision 221E, Section 26, Township 1S, Range 5E, City of Bozeman, Gallatin County, Montana. (Saunders) 07:54:50 PM Planner Saunders presented his staff report and answered questions. Questions from Mr. Garberg and Mr. Thompson. 08:10:08 PM Opened for presentation by Applicant. Ms. Susan Riggs, Intrinsik Architecture, presented for the Applicant, Valley Center, LLC, asked for approval of Alternative #1 and answered questions. 08:15:20 PM Chair Pro-Tem Garberg opened Public Hearing. No public comment forthcoming. 08:15:33 PM - Chair Pro-Tem Garberg opened questions, discussion, motion and vote. Questions from Mayor Krauss. 08:17:29 PM Motion Mayor - Jeff Krauss: Motion Board Member - Paul Neubauer: 2nd I make a motion to approve the application, as submitted with Alternative #1, adopting the applicant s analysis of the Growth Policy requirements as our own and approve the Growth Policy Amendment as submitted, subject to the conditions and requirements as suggested by staff. 08:19:18 PM Mayor Krauss spoke to his motion. Questions from Board members. 08:24:29 PM Mr. Pape joined the meeting at this time being late due to serving in a County duty at the Northern Rockies Economic Development District at the request of the County Commissioners. 08:28:29 PM Vote on motion Mayor - Jeff Krauss: Motion Board Member - Paul Neubauer: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Absent Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion passed unanimously

73 08:39:35 PM President McSpadden joined the meeting and opened for Item #3. 3. Flanders Mill Ph. 1-7 Preliminary Plat Application P14024 A Major Subdivision Preliminary Plat application as requested by the property owner Flanders Mill LLC, 235 Greenhills Ranch Road, Bozeman, MT 59718, and represented by C&H Engineering & Surveying, Inc., 1091 Stoneridge Dr., Bozeman, MT has been submitted to the Department of Community Development that would allow the subdivision of acres into 292 singlehousehold residential lots, 2 multi-household lots, 1 lot for utilities, and associated parks and open spaces with variances from 1) Section (Watercourse Setbacks) to allow lots to encroach within the required 50 foot setback from watercourse and wetlands, 2) Section (Block Length) to allow blocks (Block 13, 15, 16, 17, 20, and 24) with a length greater than 400 feet, 3) Section (Block Width) to allow blocks (Blocks 7, 9, 12, 14, 15, 18) with a width of less than 200 feet, 4) Sections (Sidewalks) and (Transportation Pathways) to construct a boulevard trail in lieu of a sidewalk to be located within a public access easement adjacent to Flanders Mill Road, Baxter Lane, and Ferguson Avenue, 5) Section (Street Improvement Standards) to allow a level of service at the intersection of Ferguson Avenue and Durston Road to be below the required level of service C ; and a partial waiver of required park land dedication required per Section by providing an alternative means of recreational space through provision of developed common open space. The property is zoned R-3 (Residential Medium Density District), R-4 (Residential High Density District), and PLI (Public Lands and Institutions). The project is generally located east of Flanders Mill Road, south of Baxter Lane and west of Ferguson Avenue. The property is legally described as Tract 1, Certificate of Survey No 2834, located in the E ½ of W ½ of Section 3, Township 2S, Range 5E, of P.M.M, City of Bozeman, Gallatin County, Montana. (Saunders) 08:39:47 PM Planner Saunders presented his staff report. 09:00:38 PM Planner Saunders concluded his report and took questions. Questions from Mr. Garberg, Mr. Pape, Mayor Krauss, Mr. Neubauer, Mr. Morice. 09:23:55 PM President McSpadden opened for the Applicant presentation, Mr. Walter Wolf representing Flanders Mill, LLC. 09:26:39 PM Presentation by Troy Sherer, Design Five Landscape Architecture, spoke to the process of how they arrived at the parks, trails and open space plan and answered questions. Questions from Mr. Pape. 09:33:10 PM President McSpadden opened the Public Hearing. No public comment forthcoming. President McSpadden closed public comment and opened for motion, discussion and vote. 09:34:11 PM Motion Council Member - Erik Garberg: Motion Board Member - Julien Morice: 2nd Block width: Having reviewed and considered the application materials, public comment, and the information presented, I hereby adopt the findings presented in the staff report and move to 307 5

74 approve the variance from Section C to allow a block width of less than 200 feet for Blocks 7, 9, 12, 14, 15, 18 as depicted on Sheets 1 and 2 of the preliminary plat in the submittal with the applicable conditions set forth in the staff report. Mr. Garberg spoke to having started with this motion. 09:37:33 PM Vote Council Member - Erik Garberg: Motion Board Member - Julien Morice: 2nd Mayor - Jeff Krauss: Disapprove Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries :38:12 PM - Motion Board Member - Julien Morice: Motion Board Member - Paul Neubauer: 2nd Dedication of Parks and Waiver of Park Dedication: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding dedication of parkland and waiver of park land dedication per Article and move to accept the combination of dedicated parkland as depicted in Park 1 and Park 2 and granting a waiver of dedication of additional parkland per Section as depicted in the submittal materials with the applicable conditions set forth in the staff report. Mayor Krauss discussed the motion. 09:53:46 PM Vote Board Member - Julien Morice: Motion Board Member - Paul Neubauer: 2nd Mayor - Jeff Krauss: Disapprove Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve 308 6

75 Motion passed :54:22 PM Motion Board Member - George Thompson: Motion Board Member - Gerald Pape Jr.: 2nd Release and Reconveyance of Park Easement: Having considered the proposed Park Plan for the subdivision and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding the reconfiguration of the existing park easement and direct that Staff prepare the necessary documents to release and reconvey the eastern end of Park 1 in coordination with the final plat of the initial phase of the subdivision and the adoption of the Park Master Plan for the subdivision. 09:55:24 PM Vote Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries :55:31 PM Motion Council Member - Erik Garberg: Motion Board Member Paul Neubauer: 2nd Wetland and watercourse setback: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section to allow encroachment into the required 50 foot wetland setback as depicted on Exhibit 4.1 in the submittal materials with the applicable conditions set forth in the staff report. 09:56:10 PM Vote Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve 309 7

76 Motion carries :56:45 PM Motion Board Member - Gerald Pape, Jr: Motion Board Member - George Thompson: 2 nd Alternative block length (Option 1): Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings related to alternative block length compliance as allowed by Section as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. I will amend the motion to state, as indicated by the Planner, that as as allowed by Section as presented in the staff report and move to approve Blocks 13, 15, 16, 17, 20, 22 and 24 to have a length in excess of 400 feet as depicted on Sheets 1 and 2 of the preliminary plat in the submittal materials with the applicable conditions set forth in the staff report. Discussion by Mr. Pape. 09:59:44 PM Vote Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries :59:53 PM - Motion Board Member Paul Neubauer: Motion Mayor Jeff Krauss: 2 nd Level of Service: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report regarding a variance from Section to allow an intersection to function below level of service C as depicted on page 10 of the traffic impact study in the submittal materials with the applicable conditions set forth in the staff report. Mr. Neubauer spoke to the motion. 10:08:07 PM Vote 310 8

77 Board Member - Paul Neubauer: Motion Mayor - Jeff Krauss: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Disapprove Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve 10:08:25 PM Council Member - Erik Garberg: Motion Board Member Julien Morice: 2nd To provide a Class I Transportation Pathway instead of a sidewalk: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve the variance from Section to allow the development to not construct a concrete sidewalk in the standard location and size within the dedicated right of way for Ferguson Avenue, Baxter Lane, and Flanders Mill Road and to instead construct a Class I asphalt trail in a public access easement adjacent to the street right of way as depicted on Sheets 1 and 2 of the preliminary plat and in the Park Plan in the submittal materials with the applicable conditions set forth in the staff report. 10:09:43 PM Council Member - Erik Garberg: Motion Mayor - Jeff Krauss: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member -Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries :09:49 PM Open for motion Board Member - Laura Dornberger: Motion Board Member - Gerald Pape Jr.: 2nd Subdivision as a whole: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application P14024 and move to approve the major subdivision with conditions and subject to all applicable code 311 9

78 provisions and incorporating all prior actions relating to dedication of parks, watercourse setbacks, block width, block length, provision of alternative sidewalks, and the level of service at the intersection of Ferguson Avenue and Durston Road with the conditions set forth in the staff report. 10:10:36 PM Mayor Krauss requested to amend the motion. Mayor - Jeff Krauss: Motion Council Member - Erik Garberg: 2nd I move to amend the motion to require as a condition of approval that the parks and open space if they are to be fenced, that they be fenced with a coherent design and no higher than four feet. 10:11:21 PM Discussion on amendment to motion. 10:16:34 PM President McSpadden called for a vote on the amendment. Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Disapprove Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Disapprove Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries :17:18 PM President McSpadden called for a vote on the original motion. Board Member - Laura Dornberger: Motion Board Member - Gerald Pape Jr.: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Disapprove Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries 7-1. President McSpadden announced this will move forward to the July 7 th Commission meeting. 10:18:19 PM - President McSpadden opened Item #

79 4 Laurel Glen Growth Policy Amendment Application P14020 A Growth Policy Amendment application is proposed by property owner Manhattan Bank, 2610 W. Main Street, Bozeman MT The applicant is Great Western Investments, 4721 Glenwood Drive, Unit D, Bozeman, MT and the representative is Caddis Engineering and Land Surveying, PO Box 11805, Bozeman MT has been submitted to the City of Bozeman Department of Community Development for an amendment to Figure 3-1 of the Bozeman Community Plan that would change the future land use classification from Community Commercial Mixed Use to Residential upon property located at 856 Loxley Drive. The proposal would affect ~2.041 acres of land. The property is legally described as Lot 1, Block 9, Laurel Glen Subdivision, Phase 1, City of Bozeman, Gallatin County, Montana. (Saunders) 10:18:25 PM - Planner Saunders presented his staff report. 10:22:27 PM Planner Saunders completed his report. President McSpadden opened for questions for the Applicant, Chuck Hinesley. 10:25:25 PM President McSpadden closed questions for Applicant and opened for Public Hearing. No comment forthcoming. President McSpadden closed the Public Hearing. 10:25:38 PM President McSpadden opened for motion, discussion and vote. Mayor - Jeff Krauss: Motion Council Member - Erik Garberg: 2nd Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application P14020 and move to approve the Growth Policy Amendment with the contingencies required to complete the application processing. Discussion followed. 10:27:40 PM President McSpadden called for a vote on the motion. Mayor - Jeff Krauss: Motion Council Member - Erik Garberg: 2nd Mayor - Jeff Krauss: Approve Council Member - Erik Garberg: Approve Board Member - Paul Neubauer: Approve Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Gerald Pape Jr.: Approve Board Chair - Trever McSpadden: Approve Board Member Brett Potter: Absent Board Member - Laura Dornberger: Approve Motion carries unanimously. ITEM 5. ADJOURNMENT

80 10:28:00 PM President McSpadden meeting adjourned. This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA Coordinator, James Goehrung, at (voice) or / (TDD)

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