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City Commission Findings of Fact and Order for the Lot 12 Gallatin Center
Minor Subdivision Preliminary Plat, Application No. 16076
Public Hearing and Action Date: City Commission meeting on April 25, 2016 at 6:00 p.m.
Project Description: A preliminary plat application requesting a second or subsequent minor
subdivision of a tract of record(13.299 acres)to create three lots.
Project Location: The property is addressed as 2975 Max Avenue and is legally described as
Lot 12,Phase 1, Gallatin Center Subdivision&PUD, situated in Northeast One-Quarter
(NE 1/4), Section 35, TIS,R5E,P.M.M., City of Bozeman, Gallatin County, Montana.
The property is zoned B-2 (Community Business District).
Action: Approved with conditions.
Findings of Fact Date: June 6, 2016
Staff Contact: Allyson B. Brekke,Associate Planner
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
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City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 2 of 19
Project Summary
A Preliminary Plat Application requesting a second or subsequent minor subdivision of a tract of
record (13.299 acres)to create three lots. This subdivision is a second or subsequent minor
subdivision from a tract of record and did not require Planning Board review. A public hearing
was required before a Commission decision.
At its March 30, 2016 meeting, the Development Review Committee (DRC) voted unanimously
to recommend approval of the application with the conditions and code provisions identified in
the staff report.
No parkland dedication is required for this subdivision. No subdivision or zoning variances are
requested with this application.
The final action for this Subsequent Minor Subdivision Preliminary Plat was made within 60
working days of the date it was deemed adequate; or in this case before June 23, 2016.
Alternatives Considered by the City Commission
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission's findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
ProjectSummary................................................................................................................. 2
Alternatives Considered by the City Commission.............................................................. 2
SECTION1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - REQUESTED VARIANCES OR DEVIATIONS .................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS........................ 9
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 3 of 19
Preliminary Plat Supplements........................................................................................... 13
SECTION 6 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 16
APPENDIX A- PROJECT SITE ZONING AND GROWTH POLICY..................................... 18
APPENDIX B - DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 18
APPENDIX C -NOTICING AND PUBLIC COMMENT.......................................................... 19
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 19
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 4 of 19
SECTION I -MAP SERIES
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City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 6 of 19
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City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 5 of 19
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City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 7 of 19
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City Commission Findings of Factfor the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 8 of 19
SECTION -REQUESTED VARIANCES OR DEVIATIONS
No subdivision or zoning variances are requested with this preliminary plat application.
SECTION -RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in the
staff report. These conditions are specific to this project.
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 applicant must submit with the application for final plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed, and must include a digital copy
(pdf) of the entire Final Plat submittal. This narrative must be in sufficient detail to direct
the reviewer to the appropriate plat,plan, sheet,note, covenant, etc. in the submittal.
3. The plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and must be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application must include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film(or equivalent);two (2) digital copies; one
(1) PDF copy; and five (5)paper prints. The Gallatin County Clerk&Recorder's office
has elected to continue the existing medium requirements of 2 mylars with a 1'/2"binding
margin on one side for both plats and COS's. The Clerk and Recorder will file the new
Conditions of Approval sheet as a separate document from the Plat. This accompanying
sheet may either be on a same sized mylar sheet or a letter or legal paper document with
up to 11x17 exhibits.
4. The final plat must provide all necessary utility easements and must be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or
side yard utility easements not provided will require written confirmation from utility
companies providing service indicating that rear or side yard easements are not needed.
5. If not already paid with the original planned unit development(PUD),the transfer of
water rights or the payment of cash-in-lieu(CIL) of water rights must be provided in
accordance to Bozeman Municipal Code (BMC) section 38.23.180. The applicant can
contact Brian Heaston with the City Engineering Department to obtain an analysis of CIL
of water rights, and if a payment is required, it must be paid prior to final plat approval.
Alternatively, given the commercial nature of the lots to be platted and the presently
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 9 of 19
unknown use at these lots as well as the subsequent requirement for a site plan for each
lot, CIL of water rights may be deferred to the site plan applications.
6. The applicant must provide a copy of the joint access, driveway,parking, snow storage,
drainage and stormwater agreement that is referenced on the pre-application exhibit with
the preliminary plat application and demonstrate that the agreement will subsequently be
conveyed to the proposed lots.
7. A street light is required at the intersection of Max Avenue and Cattail Street per the City
of Bozeman(COB) Design Standards and Specifications Policy for Lighting. This is a
condition of final plat approval per Bozeman Municipal Code (BMC) 38.39.030.B.3.
Lighting may be financially guaranteed.
8. Street lighting is required at the appropriate spacing along Cattail Street adjacent to the
property frontage per the COB Design Standards and Specifications Policy for Lighting.
This will be a condition of final plat approval per Bozeman Municipal Code (BMC)
38.39.030.B.3. Lighting may be financially guaranteed.
9. A 12-foot wide all-weather gravel access road must be constructed to provide access to
all sanitary sewer manholes not located within a paved public or private street or parking
lot per the COB Design Standards and Specifications Sanitary Sewer System Design
Criteria. Several manholes exist on proposed lot 12B without winter access to the
manholes. It is understood that a subsequent site plan is being prepared that will indicate
paving over the existing sanitary sewer manholes to meet this requirement. A gravel all-
weather surface may be financially guaranteed per BMC 38.39.030.A.2 until the paving
is completed to avoid construction of the gravel surface prior to paving.
10. The applicant must execute and file the proposed waiver of right to protest special
improvement districts prior to final plat approval. The draft waiver included with the
application meets the City requirements.
11. The estimated peaking factor for demands to the sanitary sewer system is too low. The
population estimated for use in the peaking factor equation looks correct, but the value
was incorrectly input to the peaking factor calculation. The peaking factor and
subsequent peak-hour demand to the sanitary sewer system must be recalculated and
submitted prior to final plat approval.
12. The Municipal Facilities Exclusion(MFE) checklist indicated Department of"Public
Services" and should read Department of"Public Works." The applicant must adjust the
MFE checklist prior to signature by the Public Works Director.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLA T CORRECTIONS
The subdivision did not require any code requirement corrections.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 10 of 19
SECTION 5-RECOMMENDATIONAND FUTURE ACTIONS
Project Name: Lot 12 Gallatin Center Minor Subdivision Preliminary Plat
File: 16076
The Development Review Committee (DRC) reviewed the proposed minor subdivision
preliminary plat application on March 16, 23 and 30, 2016. On March 30, 2016, the DRC
determined the application submittal contained detailed, supporting information that is sufficient
to allow for the review of the proposed subdivision; and as a result, found that the application,
with the recommended conditions of approval, was in compliance with the adopted growth
policy,the Montana Subdivision and Platting Act and the Unified Development Code.
Having considered the criteria established for a minor subdivision, Staff recommended
conditional approval as submitted.
SECTION 6-STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans,public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria,Section 38.03.040,BMC
In considering applications for subdivision approval under this title,the advisory boards and City
Commission considered the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition of Approval No. 3,the final plat must comply
with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Therefore,the subdivision will be in compliance with the subdivision regulations.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 11 of 19
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearing before the City Commission was properly noticed as required by the Bozeman
UDC. Based on the recommendation of the Development Review Committee (DRC) and other
applicable review agencies, as well as any public testimony received on the matter,the City
Commission made the final decision on the applicant's request.
A preliminary plat application was submitted to the Department of Community Development on
February 24, 2016 and was deemed acceptable for initial review on March 9, 2016. The
preliminary plat was reviewed by the DRC on March 16, 23 and 30, 2016. The DRC determined
the submittal contained detailed, supporting information was sufficient to allow for the review of
the proposed subdivision on March 30, 2016.
Public notice for this application was scheduled in the legal advertisements section of the
Bozeman Daily Chronicle on April 10, 2016 and the site was posted with a public notice on
March 28, 2016. Public notice was sent to physically adjacent property owners via certified
mail, and to all other property owners of record within 200 feet of the subject property via first
class mail, on April 4,2016. No public comment was received following the public noticing.
On April 15, 2016 this subsequent minor subdivision preliminary plat application staff report
was drafted and forwarded with a recommendation of conditional approval by the Director of
Community Development for consideration by the City Commission. The Commission
approved the project 5:0 at their April 25,2016 public hearing. The final decision for a
Subsequent Minor Subdivision Preliminary Plat was made within 60 working days of the date it
was deemed adequate; or in this case by June 23, 2016
4) Compliance with Chapter 38,BMC and other relevant regulations
Community Development Staff and the Development Review Committee reviewed the
preliminary plat against all applicable regulations and compliance with all regulations appeared
to be met. Some conditions of approval are noted to complete the application processing as the
project proceeds to final plat. Pertinent code provisions and site specific requirements are
included in the staff report.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As detailed above under Criteria 2,required by Section 38.23.060.A and recommended as
Condition of Approval No. 4, all easements, existing and proposed,must be accurately depicted
and addressed on the final plat and in the final plat application. All necessary utilities and
required utility easements will be provided and depicted accordingly on the final plat.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 12 of 19
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat. In addition, Condition of
Approval No. 6 is requiring the applicant to provide a copy of the joint access, driveway,
parking, snow storage, drainage and stormwater agreement that is referenced with the
preliminary plat application to demonstrate that the agreement will subsequently be conveyed to
the proposed lots.
Primary Subdivision Review Criteria,Section 76-3-608
1) The effect on agriculture
The subject property is designated as a commercial area according to the City of Bozeman
Community Plan. The property is zoned for commercial development and is within a developed
commercial corridor that has previously undergone subdivision review and approval. Therefore,
this subsequent subdivision will have no adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. The property is
designated as a commercial area according to the City of Bozeman Community Plan. The area is
zoned for commercial development, has previously undergone subdivision review and approval,
and has already been partially developed. Therefore, this subsequent subdivision will have no
adverse effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer —Municipal water and sewer mains exist in the adjacent street right-of-ways. No
additional water and sewer mains are required to service the proposed subdivision. Each lot will
connect to the constructed water and sewer mains designed to the appropriate design standard
and shall be located in the standard location as approved by the Water & Sewer Superintendent.
Minimal impacts on local services are anticipated with this subdivision.
Streets — The DRC determined that the adjacent streets have capacity to accommodate this
development. Adequate additional Peach Street right-of-way is shown on the preliminary plat.
Following any new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards
including curb, gutter,pavement,boulevard sidewalks and storm water facilities.
Police/Fire —The property is located within the City's Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to
filing the final plat to facilitate emergency response to the site.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 13 of 19
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval.
Parkland—Additional parkland is not required with this commercial subdivision.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing commercial lot will have little to no impacts on wildlife
and wildlife habitat. Further,the project is in an area identified for development.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any other conditions deemed
necessary to ensure compliance were noted in the staff report. In addition, all subdivisions are
reviewed against the criteria listed in 76-3-608.3.b-d, Mont. Code Ann. and as a result, the
Department of Community Development reviewed this application against the listed criteria and
further provides the following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on February 10, 2016.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements"for several of the
standard preliminary plat supplements due to the nature of this previously platted/developed
property. The following summary comments on the supplemental information required with
Article 38.41, BMC are provided.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. A 50-foot wide setback exists on both sides of
the stream/creek. An asphalt trail was previously constructed on the outside edge of the eastern
setback.
38.41.060.A.2 Floodplains
Supplemental information waived by the DRC.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. Per a previously completed investigation,the
groundwater has been identified as 6-8 feet deep.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 14 of 19
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. Per a previously completed investigation,the
surface is approximately one foot of organic materials,underlain with dense to very dense sandy
gravels.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The creek is heavily vegetated. Weed
management is completed.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. The property has been substantially disturbed
and graded over time which would remove historical features.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. Grasses exist that are cut annually.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. No water user facilities on the property.
38.41.060.A.10 Water and Sewer
Lot 12 is currently served by two 8-inch ductile iron water mains. One main is located across the
front of the east building frontage line and the second across the back(west) of the lot. Both are
within a utility easement. Based on the applicant's analysis,the water mains located on Lot 12
of Gallatin Center provide adequate service to meet the peak hour demand and fire flows of the
development. Per Condition of Approval No. 5,the transfer of water rights or the payment of
cash-in-lieu(CIL) of water rights must be provided in accordance to Bozeman Municipal Code
(BMC) section 38.23.180.
Lot 12 is currently by an 8-inch PVC sanitary sewer main. The anticipated commercial
developments serviced by the existing main will consist of two future commercial buildings and
one existing building(Staples). Engineering Staff found the applicant's estimated peaking factor
for demands to the sanitary sewer system as too low. Per Condition of Approval No. 11,the
peaking factor and subsequent peak-hour demand to the sanitary sewer system must be
recalculated and submitted prior to final plat approval.
38.41.060.A.11 Stormwater Management
Per recommended Condition of Approval No. 6,the applicant must provide a copy of the joint
access, driveway,parking, snow storage, drainage and stormwater agreement that is referenced
with the preliminary plat application and demonstrate that the agreement will subsequently be
conveyed to the proposed lots.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 15 of 19
38.41.060.A.12 Streets,Roads and Alleys
Supplemental information waived by the DRC. All perimeter streets have been previously
installed (Max Avenue and Cattail Street). Per Condition of Approval No. 9, a 12-foot wide all-
weather gravel access road must be constructed to provide access to all sanitary sewer manholes
not located within a paved public or private street or parking lot per the COB Design Standards
and Specifications Sanitary Sewer System Design Criteria. Several manholes exist on proposed
lot 12B without winter access to the manholes. It is understood that a subsequent site plan is
being prepared that will indicate paving over the existing sanitary sewer manholes to meet this
requirement. A gravel all-weather surface may be financially guaranteed per BMC
38.39.030.A.2 until the paving is completed to avoid construction of the gravel surface prior to
paving.
38.41.060.A.13 Utilities
Electrical, gas and communications lines are installed to the north edge of Lot 12, on the west
side,for future extension. A 12'-0"wide utility easement is in place. As required with
Condition of Approval No. 4, all easements, existing and proposed,must be accurately depicted
and addressed on the final plat and in the final plat application. All necessary utilities and
required utility easements will be provided and depicted accordingly on the final plat.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. No residential development is proposed.
38.41.060.A.15 Land Use
The proposal three lot subdivision is within B-2 (Community Business District) zoning and is
designated as Regional Commercial in the Bozeman Community Plan. The anticipated use of
the lots is commercial.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC. No residential development is proposed,
therefore no parks and recreation facilities are required.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC.
38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. Per Conditions of Approval Nos. 7 and 8, street
lighting is required along Cattail Street and at the Cattail Street/Max Avenue intersection.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 16 of 19
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC.
SECTION 7- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed a preliminary plat application requesting a
second or subsequent minor subdivision of a tract of record (13.299 acres) to create three
lots.
B. The purpose of the preliminary plat review was to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application for Lot 12 Gallatin Center Minor Subdivision
was considered by the City Commission at a public hearing on April 25, 2016 at which time
the Department of Community Development Staff reviewed the project and stated that no
public comment had been received prior to the hearing in response to the noticing on the
matter of this preliminary plat application.
D. Chris Budeski from Madison Engineering, representing the applicant/property owner,
discussed the design of the subdivision,how the lots are ready for development and indicated
the applicant's agreement with the recommended conditions of approval.
E. The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application.No members of the public commented on the application. After
receiving no public testimony, the City Commission then closed the public comment portion
on the matter of the preliminary plat application.
F. It then appeared to the City Commission that all parties and the public wishing to examine
the proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38,Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found the proposed preliminary plat would comply with the requirements of the Bozeman
Municipal Code if certain conditions were imposed. Therefore, being fully advised of all
matters having come before them regarding this application,the City Commission makes the
following decision:
G. The preliminary plat has been found to meet the criteria of Chapter 38,BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this document and the correction of
any elements not in conformance with the standards of the Chapter including those identified
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 17 of 19
in Section 4 of this document. The evidence contained in the submittal materials, advisory
body review, the staff report, and this document, justify the conditions imposed on this
development to ensure that the subsequent development complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Director of Community
Development for a period of mutually agreed upon time.
DATED this J 0�' day of ,2016.
BOZEMAN CITY COMMISSION
CARSON TAYLOR
Mayor
ATTEST:
of B 0""
, . . . • ,
ROBIN CROtJ1
City Clerk gTIN co.•~1`�
APPROVED AS TO FORM:
G SULLIVAN
City Attorney
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 18 of 19
APPENDIX A -PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned as B-2 (Community Business District). The intent of B-2 is to
provide for a broad range of mutually supportive retail and service functions located in clustered
areas bordered on one or more sides by limited access arterial streets.
Adopted Growth Policy Designation:
The subject property is designated as Regional Commercial and Services in the Bozeman
Community Plan. Bozeman is a retail, education,health services,public administration, and
tourism hub and provides opportunities for these activities for a multi-county region. Often the
scale of these services is larger than would be required for Bozeman alone. Because of the draw
from outside Bozeman, it is necessary that these types of facilities be located in proximity to
significant transportation routes. Since these are large and prominent facilities within the
community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which
encourages a robust and broad activity level is to be provided. Residential space should not be a
primary use and should only be included as an accessory use above the first floor. Any
development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to adjacent
development.
APPENDIX B -DETAILED PROJECT DESCRIPTIONAND BACKGROUND
Project Description: The project is a Preliminary Plat Application requesting a second or
subsequent minor subdivision of a tract of record(13.299 acres)to create three lots. This
subdivision is a second or subsequent minor subdivision from a tract of record and did not
require Planning Board review. A public hearing was required before a Commission decision.
Project Background: A subdivision pre-application plan review for this property was
completed by the DRC on February 10, 2016. With the pre-application plan review application,
waivers were requested by the applicant from Section 38.41.060 "Additional Subdivision
Preliminary Plat Supplements" for several of the standard preliminary plat supplements due to
the nature of this previously platted/developed property. The City's summary review comments
were forwarded to the applicant in preparation of the preliminary plat application and the
Development Review Committee (DRC) granted numerous supplemental information waivers
under 38.41.060,BMC.
City Commission Findings of Fact for the Lot 12 Gallatin Center Minor Subdivision
Preliminary Plat,Application No. 16076 Page 19 of 19
APPENDIX C-NOTICING AND PUBLIC COMMENT
A preliminary plat application was submitted to the Department of Community Development on
February 24, 2016 and was deemed acceptable for initial review on March 9, 2016. The
preliminary plat was reviewed by the DRC on March 16, 23 and 30, 2016. The DRC determined
the submittal contained detailed, supporting information that is sufficient to allow for the review
of the proposed subdivision on March 30, 2016.
Public notice for this application was scheduled in the legal advertisements section of the
Bozeman Daily Chronicle on April 10, 2016 and the site was posted with a public notice on
March 28, 2016. Public notice was sent to physically adjacent property owners via certified
mail, and to all other property owners of record within 200 feet of the subject property via first
class mail, on April 4, 2016. No public comment has been received as of the writing of this
report.
On April 15, 2016 this subsequent minor subdivision preliminary plat application staff report
was drafted and forwarded with a recommendation of conditional approval by the Director of
Community Development for consideration by the City Commission. The Commission
approved the project 5:0 at their April 25, 2016 public hearing. The final decision for a
Subsequent Minor Subdivision Preliminary Plat was made within 60 working days of the date it
was deemed adequate; or in this case by June 23, 2016.
APPENDIX D - OWNER INFORMA TION AND REVIEWING STAFF
Owner: Gallatin TR LP (c/o Randy Twist), 2501 North Josey Lane, Carrollton, TX 75006
Applicant: Gallatin TR LP (c/o Gene Graf), PO Box 906, Bozeman, MT 59771
Representative: Madison Engineering, LLC, 895 Technology Blvd, Suite 203, Bozeman, MT
59718
Report By: Allyson B. Brekke, Associate Planner