HomeMy WebLinkAbout12-06-16 PB 16235 Full Packet16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 1 of 21
16235, Staff Report for the Opportunity Sub-Division Major Subdivision
Public Hearing Dates: Planning Board meeting is on December 6, 2016
City Commission meeting is on January 9, 2017
Project Description: A Preliminary Plat Application to subdivide 4.104 acres into six (6) lots:
Five lots will be for commercial development, the sixth for a storm water detention facility and
the construction of Kimberwike Street and Max Avenue.
Project Location: The subject property is located at 2525 North 19th Avenue and legally
described as a Tract of land as shown on Certificate of Title 331, excepting there from that
portion conveyed to the State of Montana by bargain and sale deed recorded in film 140, page
2686 located in the Southeast ¼ of Section 35, Township 1 South, Range 5 East, Principal
meridian Montana (P.M.M.) City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions
Recommended Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 16235 and move to approve the Opportunity Sub-Division Major
Subdivision with conditions and subject to all applicable code provisions.”
Report Date: Thursday, December 01, 2016
Staff Contacts: Mayana Rice, Associate Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The property owner Bozeman 6 LLC 600 Main Street, Butte MT 59701, and representative
Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman MT 59718 request to
subdivide 4.1acres located at 2525 North 19th Avenue into four commercial lots, one wetlands
lot, one common open space lot for stormwater facilities and the construction of Kimberwike
Street and Max Avenue. The property is zoned B-2 (Community Business District).
No parkland dedication is required for this subdivision. No subdivision or zoning variances are
requested with this application. No public comment has been received.
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The final decision for a Major Subdivision Preliminary Plat 50 lots or under must be made within
60 working days of the date it was deemed adequate; or in this case by March 7, 2017.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 10
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 5 - STAFF ANALYSIS AND FINDINGS ................................................................. 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements ........................................................................................... 14
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 21
FISCAL EFFECTS ....................................................................................................................... 21
ATTACHMENTS ......................................................................................................................... 21
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SECTION 1 - MAP SERIES
Zoning Map
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Future Land Use Map
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Preliminary Plat
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. The plat 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 1½” binding margin on one side for both
plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as
the last same sized mylar sheet in the plat set.
2. The applicant 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 in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. 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.
4. Phasing for the major subdivision must be clearly delineated using phase letters, in-lieu of
numbers (i.e., Phase 2A, 2B, 2C and 2D), if proposed.
5. The final plat must provide all necessary utility easements and must be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location. Any rear or side yard utility easements not provide will require written confirmation
from ALL utility companies providing service indicating that rear or side yard easements are
not needed.
6. Trees must not be located within 10 feet of sewer and water services. Sewer and water
services must be shown on the landscaping plan of the park and open space plan, and
approved by the Water/Sewer Superintendent.
7. Property owners’ association documents must address the requirements for street trees, a City
of Bozeman planting permit for street trees and obtaining utility locates before any
excavation begins in the City of Bozeman right-of-way. The covenants must include a
planting note stating that the planting hole must be at least twice the diameter of the root ball,
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that the root flare of the newly planted tree is visible and above ground, and there should be a
mulch ring 3’- 4’ in diameter around each newly planted boulevard tree.
8. Street lighting, including pathway intersection lighting, must be installed by the subdivider.
Light locations and specifications must be provided to the City Engineer for review and
approval with the public improvements plans and specifications. All street light poles must
be installed a minimum of 10’ from any water or sewer main or appurtenance.
9. Any public street lighting installed by this development must be LED.
10. Subdivision lighting SILD information must be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
11. The final plat must 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: (LIST ITEMS) 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: _____________________________
12. The necessary right of way must be dedicated with the final plat for the following streets:
a. Max Avenue (local street) – 60 feet.
b. Kimberwike Street (local street) – 60 feet.
13. The final plat must contain the following notation on the conditions of approval sheet in the
final plat: “Ownership of all common open space areas and trails, and responsibility of
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maintenance thereof and for city assessments levied on the common open space lands must
be that of the property owners’ association. Maintenance responsibility must include, in
addition to the common open space and trails, all vegetative ground cover, boulevard trees
and irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas. All
areas within the subdivision that are designated herein as common open space including trails
are for the use and enjoyment by residents of the development and the general public. The
property owners’ association must be responsible for levying annual assessments to provide
for the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat for the subdivision, the subdivider must transfer
ownership of all common open space to the property owners’ association created by the
subdivider to maintain all common open space areas within the Pine Meadow Subdivision.
14. The certificate of dedication on the final plat must include the specific names of the streets
dedicated to the public for which the City accepts responsibility.
15. The subdivider must provide the necessary declaration and recitals to facilitate the property
owners’ association bylaws and/or declaration of covenants, conditions and restrictions. Any
cost sharing agreements for maintenance must be included with the final plat.
16. Drainage plans must be required for each lot as part of the building permit application.
17. The transfer of water rights or the payment of cash in lieu (CIL) of water rights must be
provided in accordance to BMC Section 38.23.180. The applicant shall contact Brian
Heaston with the City Engineering Department for a determination of CIL requirements.
18. Plans and Specifications for water and sewer main extensions, streets, and storm water
improvements, prepared and signed by a professional engineer (PE) registered in the State of
Montana must be provided to and approved by the City Engineer. Water and sewer plans
shall also be approved by the Montana Department of Environmental Quality. The applicant
shall also provide professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings. Construction shall not
be initiated on the public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted.
19. If not already filed, the applicant must provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of Special Improvement Districts
(SID’s) prior to final plat approval.
The document filed must 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.
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SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Opportunity Sub-Division Major Subdivision preliminary plat
File: 16235
Development Review Committee
The Development Review Committee (DRC) reviewed the preliminary plat application on June
29, 2016 and November 9, 2016; and as a result, found that the application, with conditions, is in
general compliance with the adopted growth policy, the Montana Subdivision and Platting Act
and the Unified Development Code. On November 9, 2016 the DRC recommended conditional
approval of the preliminary plat application.
Planning Board
The Planning Board will conduct a public hearing on December 6, 2016 on the subdivision to
make a recommendation on the proposed subdivision.
City Commission
The City Commission public hearing is scheduled for January 9, 2017 to consider the
preliminary plat and make a final decision.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision
and Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
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2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
3) Compliance with the local subdivision review procedures provided for in Part 6
of the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC, RPAB, and other
applicable review agencies, as well as any public testimony received on the matter, the Planning
Board shall forward a recommendation in a report to the City Commission who will make the
final decision on the applicant’s request.
A preliminary plat application was submitted on June 1, 2016 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On June
10, 2016 the application was deemed acceptable for initial review. The preliminary plat was
reviewed by the DRC on June 29, 2016. The DRC and Staff determined that without corrected
plans the preliminary plat did not contain enough information for continued review.
A revised preliminary plat application was submitted on October 11, 2016 and was reviewed
against the submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC).
On October 21, 2016 the application was deemed acceptable for initial review. The preliminary
plat was reviewed by the DRC on November 9, 2016. The DRC and Staff determined the
submittal contained detailed, supporting information that is sufficient to allow for the review of
the proposed subdivision on November 9, 2016. Pursuant to Section 38.03.040.A.5.a(4), BMC
the City Commission must approve, conditionally approve or deny the subdivision application by
March 7, 2017, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
November 20, 2016 and December 4, 2016. The site was posted with a public notice on
November 21, 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 November 18, 2016. Public comment has been received on this project and is
attached to this report.
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On November 29, 2016 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Director of Community Development for
consideration by the Planning Board. The Planning Board is scheduled to consider and make
recommendation to the City Commission on December 6, 2016 and the City Commission is
scheduled to make a final decision at their January 9, 2016 public hearing. The final decision for
a Major Subdivision Preliminary Plat with fewer than 50 lots must be made within 60 working
days of the date it was deemed adequate; or in this case by March 7, 2017.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. Therefore, all utilities and necessary utility easements will be provided and
depicted accordingly on the final plat.
6) The provision of legal and physical access to each parcel within the subdivision
and the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets to be constructed to City standards with
lot frontage meeting the minimum standard shown on the preliminary plat. In addition, pursuant
to Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a regional commercial and services area within the City of
Bozeman Community Plan. The area is zoned for commercial development and is surrounded by
commercial development. The parcel is not currently used for agriculture. Therefore, this
subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities are on the parcel. Currently the subject property is
designated as a regional commercial and services area within the City of Bozeman Community
Plan. The area is zoned for commercial development and is surrounded by commercial
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development. No impacts to agricultural water user facilities were identified. The proposed
subdivision will have no impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer service will be provided by the construction of new
service lines within the street rights of way. Each lot will connect to the constructed water and
sewer mains designed to the appropriate design standard shall be located in the standard location
as approved by the water/sewer superintendent.
Streets –Following new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards with
curb, gutter, pavement, boulevard sidewalks and storm water facilities. Bozeman’s land
development regulations place high value on an interconnected street system. This subdivision
executes that purpose and design.
Police/Fire – The property is located within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat. Condition 23 requires maintenance provisions for the
stormwater treatment area to enable adequate public oversight of the facilities.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval. Infill development with municipal services has fewer impacts on the natural
environment than development on urban fringes or in rural areas.
5) The effect on Wildlife and wildlife habitat
The subject property is designated as regional commercial and service to the City of Bozeman
Community Plan. The area is zoned for commercial development and is surrounded by
commercial development. Although there may be incidental small animals residing on this and
adjacent property, this area does not have any identified protected wildlife or wildlife habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC which
has determined that it is in general compliance with the title. Any conditions deemed necessary
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to ensure compliance have been noted throughout this staff report. In addition, all subdivisions
must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. The Department
of Community Development has reviewed this application against the listed criteria and provides
the following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on December 23, 2015.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of the property. The DRC granted a
partial waiver to the supplemental information under 38.41.060, BMC is granted with this pre-
application plan review application for:
5) Vegetation,
6) Wildlife,
7) Historical Features,
8) Agriculture,
9) Agricultural Water User Facilities,
and
14) Educational Facilities,
16) Parks and recreational facilities,
17) Neighborhood center plan.
19) Miscellaneous, and
20) Affordable Housing,
Waivers to the supplemental information for the following were not granted:
1) Surface Water,
2) Floodplains,
3) Groundwater, and
4) Geology-soils-slopes,
10) Water and Sewer,
11) Stormwater management,
12) Streets, roads and alleys,
13) Utilities,
15) Land use,
18) Lighting plan,
Staff offers the following summary comments on the supplemental information required with
Article 38.41, BMC.
38.41.060.A.1 Surface Water
There is a large number of wetland features within this subdivision. A surface water plan for the
subject property has been submitted. There is one creek and two ditches that flow through the
property: East Catron Creek, “West Ditch”, and “Middle Ditch”, respectively. All surface water
bodies flow south-north. The following descriptions describe the water bodies as seen in
February, 2016. East Catron Creek is a perennial stream that discharges to the East Gallatin
River north of Interstate 90. The channel ranges in width from 3 to 10 feet. The surface water
depth is approximately 0.75 feet. The low flow channel banks are approximately1.8 feet high
situated within an incised floodway with 6-foot high banks. Surface water discharges to a 48”
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and two (2) 36” round equivalent RCP culverts at the north property boundary. Middle Ditch
contains water that ranges in depths from 2 to 6 inches. The ditch channel is diverted east from
West Catron onto this property through a two-foot concrete culvert under a narrow dirt road to
the south of the property, and eventually connects with East Catron before flowing out of the
property to the north. West Ditch is created from a diversion canal off of Middle Ditch. The
water accumulates in a shallow depression dominated by cattail. The channel downgradient of
the pond directs overland flow from the depression to a small detention basin and 2-inch CMP
culvert.
These water bodies will be minimally impacted by construction. Their existing culverts will be
replaced by functional and properly installed culverts that will flow under the proposed roads.
There will be a 50-ft wetland setback, behind which construction will begin. A small portion of
West Ditch will be filled in to accommodate for the extension of Max Avenue.
38.41.060.A.2 Floodplains
There is a large number of wetland features within this subdivision. A surface water plan for the
subject property has been submitted. This site is in a FEMA ‘non-printed flood map boundary’.
Included in Section 10.I. of this submittal is a Flood Study for East Catron Creek performed by
Allied Engineering, Inc..
38.41.060.A.3 Groundwater
Monitoring of groundwater conditions have been conducted across the site from January to
December of 2015 using eight (8) monitoring wells, the locations and depths of which are shown
in Section 10.B.. Per these monitoring results, the groundwater never came within less than 4.90
feet of the surface, with an average depth of 5.43 feet.
A contaminated aquifer, known as the Solvent Site, underlies the proposed development. The
aquifer is contaminated with tetrachloroethylene (PCE). No irrigation wells will be allowed to
support irrigation at the site, and the City water supply must be used for irrigation water to
prevent further spread of contamination and public exposure to contaminants. Additionally, this
site will be served by a central sewer and water main that will connect to the City of Bozeman,
which will minimize the potential for further groundwater contamination. Channeling storm-
water flows into detention basins will limit discharges to pre-development rates and will control
surface water runoff. These basins will reduce the amount of sediments and contaminants within
the surface runoff and also reduce potential for contamination of downstream aquifers.
Mitigation for potential high groundwater includes construction limitations in the covenants and
connection to central sewer and water connection to the City of Bozeman (see Condition 34.
38.41.060.A.4 Geology, Soils and Slopes
There are no known geologic hazards associated with the site. The site topography slopes at a
1.3% in a northern direction. Proposed road and lot grades will not exceed 3-percent and slope
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work will not exceed a 4:1 horizontal: vertical ratio. The soils are viable for commercial
development. Any stabilization or further analysis of the soils will be completed at site plan.
38.41.060.A.5 Vegetation
No significant or critical vegetation exists on the subject property. Noxious weeds are being
controlled by the required Noxious Weed Management Plan. In addition, there are ongoing
performance measures required with the Weed Management Plan to insure control of noxious
weeds on site.
38.41.060.A.6 Wildlife
This is a developing urban area. The subject property is designated as a residential area
according to the City of Bozeman Community Plan. The area is zoned for residential
development has been used for residential purposes. Although there are incidental small animals
residing on this and adjacent property infill development within the City limits will occur.
38.41.060.A.7 Historical Features
This is a developing urban area. There are no known cultural resources or historical structures
existing on the site. No historical features were identified on the surrounding areas that are
currently developing.
38.41.060.A.8 Agriculture
This is a developing area and this property is not used for agriculture. The subdivision will have
no affect on agriculture. All agricultural use of the property has ended. Property to the north,
east, and south has also been or is in the process of being developed for non-agricultural uses.
38.41.060.A.9 Agricultural Water User Facilities
There are no agricultural water user facilities on or adjacent to the subject property. The
subdivision will have no affect on agriculture. No agricultural water user facilities were discovered
during review. Currently the subject property is designated as a commercial area according to the
City of Bozeman Community Plan; the area is zoned for commercial development, and has begun to
develop. No impediment to stream flow is proposed with this subdivision. Therefore, the proposed
subdivision will have minimal impacts on agricultural water user facilities
38.41.060.A.10 Water and Sewer
Adequate water and sewer capacity exist to serve the subdivision. Water for domestic and fire
protection will be provided by connections to the City of Bozeman water system. Water for
domestic use and fire protection will be provided by connections to the City of Bozeman water
system. The proposed lots will be served by City sanitary sewer and water main extensions from
existing mains in Max Avenue, Cattail Street and North 27th. The proposed water main will be
looped from the main at the intersection of Cattail and North 19th and extended to the existing
main in North 27th, via North 19th and Kimberwike Street. All main extensions will be located
either in a dedicated right of way or easement.
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The City Engineering Department has reviewed the plans. City Engineering conditioned the
subdivision that all water and sewer service lines shall be located in the standard location as
approved by the water/sewer superintendent.
38.41.060.A.11 Stormwater Management
A stormwater management plan has been included and reviewed with this application. Storm
water for the public streets will be located on proposed common open space, Lot 6, in the
northwest corner of the subdivision. Storm water collection will be via either surface gutter flow
or piped collection system or a combination of both. On site detention is proposed for the
individual lot subsequent developments. All storm water facility outlet structures will be
properly landscaped and a minimum distance of not less than ten (10) feet from any watercourse
high water mark will be required. Placement and design of the facilities will be approved by both
the Engineering Divisions and Community development.
38.41.060.A.12 Streets, Roads and Alleys
All lots meet the minimum lot size and the minimum required street frontage. Access from North
19th will be from Kimberwike Street as well as a new permitted access for the proposed east-
west local street. No improvements to North 19th, other than the North 19th Kimberwike Street
intersection, are anticipated. City standards sidewalks will be provided along all street frontages.
A 10’wide shared use pathway will be provided along North 19th Avenue.
Max Avenue will extend from the north end of the property through to the south end, where it
will meet Kimberwike Street, which will also be extended from N 19th Ave to the west.
Kimberwike Street will have two access driveways to the proposed buildings in the future Lot 3
Phase III and Lot 1 Phase I. A road located in the center of the lot will be extended from N 19th
Ave on the east side of the property to the west to meet Max Avenue. This road is simply
referred to as Street “A” in this submittal. Street “A” will have two entrances to the buildings to
the north in Lot 4 Phase II, two to the south in Lot 1 Phase I and one to the south in the future
Lot 3 Phase III. All roads will have a 60’ right of way. No alleys are proposed in this
subdivision.
Max Avenue and Kimberwike Street are local roadways and N 19th Avenue is a principal
arterial.
Stormwater on all streets within the subdivision will gutter line flow to curb inlets where the
water will flow through a pipe to a detention pond to allow solids, silt, oils and other pollutants
to settle. A preliminary stormwater management plan is included in Section 10.E. A Traffic
Impact Study is included in this application in Section 10.G.
Section 38.23.040.B, BMC states that “Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can
be longer than 400 feet if necessary due to topography, the presence of critical lands, access
control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 18 of 21
in length.” Measuring from east to west on Kimberwike it is approximately 880 feet. This
distance is acceptable with the wetland corridor that runs through the property. Considering the
site boundaries, layout of adjacent roadways and existing infrastructure, it is impractical to
provide block length less than 400 feet.
As part of the street infrastructure lighting must be installed. The physical installation of the
lights is done by the developer. A special improvement lighting district is formed to provide for
the maintenance and operation of the lights over time. Condition 15 requires the use of LED
lighting fixtures. This does not modify the pole heights or similar physical performance features.
LED street light fixtures have been tested by the City and found to have better performance with
lower power consumption and less frequent failures and required maintenance than the standard
lights.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide public utility easements along all front,
side and rear lot lines as required by Section 38.23.050, BMC.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. This is a commercial subdivision.
38.41.060.A.15 Land Use
The property is currently vacant land with zoning of B-2 and is designated as Regional
Commercial and Services under the Bozeman Community Plan. The developer wishes to
subdivide the land into six (6) lots: Five lots will be for commercial development, the sixth for a
storm water detention facility. A master plan for the property was approved December 21, 2015.
A master plan is required prior to further subdivision and development in the North 19th Avenue
corridor per code Section 38.20.100.
38.41.060.A.16 Parks and Recreation Facilities
Supplemental information waived by the DRC. This is a commercial subdivision. The final plan
will show the proposed trail within the North 19th Avenue 50-foot setback as a Class 1 Trail /
Shared Use Pathway.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information was waived by the DRC during the pre-application process. This is a
commercial subdivision. A neighborhood center is only required for residential subdivision.
38.41.060.A.18 Lighting Plan
The lighting plan meets the current City of Bozeman Lighting Standards. All street lights
installed shall use LED light heads lights per Condition 15, including bollard light, and shall
conform to the City’s requirement for cut-off shields.
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 19 of 21
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. This is a commercial subdivision.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned B-2. The intent of the B-2 community business district 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 project is designated Regional Commercial and Services. “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 –BACKGROUND
This project originated as the Town Pump #6 and Rawhide Master Site Plan in October of 2015.
Sec. 39.20.100 North 19th Avenue/West Oak Street entryway corridors requires a Master Site
Plan for nonresidential development proposals. A preliminary Master Site Plan was submitted to
the Department of Community Development proposing the overall street circulation, utility
infrastructure, wetland delineation and property lot layouts for approximately 20 acres on the
west side of North 19th Avenue and north of Baxter Lane. This property was planned for a
multiphase development, with the construction of the majority of all streets and infrastructure, as
well as all necessary wetland mitigation. The site lies within a Class 1 Entryway Corridor
Overlay District and therefore, the Design Objectives Plan will apply for all buildings within the
development. The requested entitlement period for the preliminary Master Site Plan was five
years. This was approved in December of 2015 by the Community Development Director.
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 20 of 21
The project was submitted in February of 2016 as a Pre-Application for the Town Pump #6
Subdivision. The City of Bozeman’s Development Review Committee (DRC) reviewed the
subdivision pre-application plan review for a commercial major subdivision. Approval was
granted on March 30, 2016 by the DRC.
A preliminary plat application, with the name Opportunity Sub-Division, was submitted on June
1, 2016. The preliminary plat was reviewed by the DRC on June 29, 2016. The DRC and Staff
determined that without corrected plans the preliminary plat did not contain enough information
for continued review. The project was on hold until a resubmittal.
A preliminary plat application was resubmitted on October 11, 2016. The preliminary plat was
reviewed by the DRC on November 9, 2016. The DRC and Staff determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision on November 9, 2016.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A preliminary plat application was submitted on June 1, 2016 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On June
10, 2016 the application was deemed acceptable for initial review. The preliminary plat was
reviewed by the DRC on June 29, 2016. The DRC and Staff determined that without corrected
plans the preliminary plat did not contain enough information for continued review. The project
was on hold until a resubmittal.
A preliminary plat application was resubmitted on October 11, 2016 and was reviewed against
the submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On
October 21, 2016 the application was deemed acceptable for initial review. The preliminary plat
was reviewed by the DRC on November 9, 2016. The DRC and Staff determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision on November 9, 2016. Pursuant to Section 38.03.040.A.5.a(4), BMC the
city commission shall approve, conditionally approve or deny the subdivision application by
March 7, 2017, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
November 20, 2016 and December 4, 2016. The site was posted with a public notice on
November 21, 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 November 18, 2016. Public comment has been received on this project and is
attached to this report.
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 21 of 21
On November 29, 2016 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Director of Community Development for
consideration by the Planning Board. The Planning Board is scheduled to consider and make
recommendation to the City Commission on December 6, 2016 and the City Commission is
scheduled to make a final decision at their January 9, 2016 public hearing. The final decision for
a Major Subdivision Preliminary Plat with fewer than 50 lots must be made within 60 working
days of the date it was deemed adequate; or in this case by March 7, 2017.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bozeman 6 LLC 600 Main Street, Butte MT 59701
Applicant: Bozeman 6 LLC 600 Main Street, Butte MT 59701
Representative: Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman MT 59718
Report By: Mayana Rice, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Town Pump Rawhide
Adjoiners List
June 2016
CONTIGUOUS
Gallatin Center Limited Partnership
PO Box 906
Bozeman, MT 59771
MINOR SUB 210, S35, T01 S, R05 E, Lot 3,
ACRES 68.331, (RE-MAINDER) LESS GALLATIN
CENTER SUB PHASE 1-4
Gallatin Center SUB Ph 4
General Delivery
Bozeman, MT 59718
GALLATIN CENTER SUB PH 4, S35, T01 S, R05 E,
ACRES 1.19, COMMON AREA IN E2, PLAT J-423
(Communicated with City, Cadastral, and
Treasurer – no mailing address found)
First Security Bank
PO Box 910
Bozeman, MT 59771
GALLATIN CENTER SUB PH 4, S35, T01 S, R05 E,
Lot 15, ACRES 1.19, PLAT J-423
GALLATIN CENTER SUB PH 4, S35, T01 S, R05 E,
Lot 13, ACRES 1.449, IN E2, PLAT J-423
Gallatin Center Limited Partnership
PO Box 906
Bozeman, MT 59771
GALLATIN CENTER SUB PH 4, S35, T01 S, R05 E,
Lot 14, ACRES 0.62, IN E2, PLAT J-423
Golden Egg, LLC
17035 W Valley HWY
Tukwila, WA 98118
GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E,
Lot 2, ACRES 4.084, IN E2, TRACT 3 LESS HWY
RIGHT OF WAY PARCEL 5
Store Master Funding VI LLC
c/o Gibson Brands Inc
Nashville, TN 37217
GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E,
Lots 1, ACRES 2.422, IN E2, TRACT 4 PLUS
ABANDONED PT OF ORVILLE WAY LESS HWY
RIGHT OF WAY
GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E,
Lot 3, ACRES 2.422, TRACT 4 PLUS ABANDONED
PT OF ORVILLE WAY
Lone Mountain Properties LLC
84 W Kimberly CT
Bozeman, MT 59718
GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E,
Lot 1, ACRES 1.558, IN E2, TRACT 5 LESS HWY
RIGHT OF WAY
Yellowstone Bank
Harris, Jay President
Billings, MT 59708
GARDNER SIMMENTAL PLAZA, S35, T01 S, R05 E,
Lot 1, ACRES 1.566, IN E2, TRACT 6 LESS HWY
RIGHT OF WAY
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 1
Chris Budeski, P.E. Madison Engineering
895 Technology Blvd, Suite 203
Bozeman, MT 59718
July 26, 2016
Re: Opportunity Subdivision, aka “Bozeman 6 Town Pump”
Traffic Impact Study Supplement
Subsequent to submittal of a Traffic Impact Study (TIS) dated May 17, 2016 for the
proposed Opportunity Subdivision (aka Bozeman 6 Town Pump), the City of
Bozeman staff reviewed the study and requested additional information in a memo
dated June 28, 2016. Marvin & Associates coordinated efforts with Steve Kohtz,
Development Review Engineer in our efforts to provide the additional information
required. The narratives within this letter and accompanying attachments were
developed in accordance with the review comments and together constitute
supplemental TIS information.
Additional Intersection Analysis
The review memo indicated that five additional intersections were within one-half
mile of the site and according to the Bozeman Municipal Code (BMC) Section
38.41.060.A.12.f.2.c.ii those intersections must be analyzed. The listed
intersections are:
a. Baxter Lane and N. 19th Avenue
b. N. 19th Avenue and Valley Center Road
c. Cattail Street and N. 27th Avenue
d. N. 27th Avenue and Cattamount Street
e. N. 27th Avenue and Catron Street
Since the BMC section indicates that both intersecting streets must either be
arterial or collector streets, the intersection of Catron Street with N. 27th Avenue
would not need to be analyzed since Catron Street is classified as a Local Street.
I-90 Eastbound Ramp Intersection
The review memo indicated that the I-90 Eastbound Ramp intersection with N. 19th
Avenue is failing and should be addressed in the TIS. Considering that the subject
intersection is slightly more than 0.50 miles from the nearest development site
access, and that little of any primary site trips could be assigned to the ramp, the
City of Bozeman Public Works Director has excepted that intersection from the
requirement.
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 2
AM Peak Hour Analysis
The BMC indicates that both am and pm peak hour impacts be analyzed. The
original TIS contained electronic 24-hour count traffic data on Cattail Drive and
Max Avenue. An examination of the hourly variations indicated that there is no
distinctive peak during the morning hours on either street. Similar counts on N 19th
Avenue and on Valley Center Drive were taken over a year ago exhibit the same
characteristics. Since the site trip generation characteristics result in appreciably
less traffic in the am hour, it is apparent that even with directional demand
differences considered, that any and all impacts would occur in the peak pm hour.
Therefore, if there are no impacts in the peak pm hour, there would be an extremely
high probability that no impacts would be found in the am hour. For this reason,
all impact analysis within this study was completed for the peak pm hour.
Supplemental Existing Traffic Volumes
Additional peak pm hour traffic counts were taken at two intersections on N 19th
Avenue and year 2005 counts on N27th Avenue intersections were updated to
reflect increases that occurred in the following year to arrive at year 2016 peak
hour traffic volumes. Attached is a supplement to the original TIS report Figure 2.
Since these counts were taken in the summer months, the peak pm hour traffic
would be representative of current design hour traffic.
Existing Capacity
Revised Table 1, on the following page, presents data contained in the original TIS
plus capacity calculation results (Appendix A – attached) from the supplemental
peak pm hour traffic counts shown in Supplemental Figure 2. In addition, Revised
Table 1 includes an additional column that shows the overall level of service (LOS)
for each intersection as requested in the TIS review memo. It should be noted that
the latest Highway Capacity Software (HCS), which is based on the latest Highway
Capacity Manual (HCM) does not calculate an overall intersection LOS for un-
signalized intersections. The overall LOS for un-signalized intersections shown in
this table were estimated by multiplying the average delay per vehicle by the
respective vehicle movements and dividing the total delay by the total number of
vehicle movements associated with the calculated delays. HCS for signalized
intersections does calculate the overall delay, which is reported in Revised Table1.
It can be seen that the LOS for the seven intersection is LOS “C” or better, with the
signalized intersection operating at LOS “C” and the un-signalized intersections
operating at LOS “A” or “B”. Each of the signalized intersections has at least one
movement that currently operates at LOS “D”.
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 3
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 4
It was noted in the original TIS that observation of operations at the intersection of
Cattail Street and N 19th Avenue indicated that the actual level of service on the
east and west legs may even be less due to delays associated with the corridor
signal timing, which utilizes a 140 second cycle during the peak pm hour period.
It was determined that similar situations existed at the Valley Center Drive and the
Baxter Lane intersections with N 19th Avenue. Capacity calculations at the three
signalized intersections were optimized using at an approximate cycle length of
100 seconds to minimize corridor induced side street delay at those intersections.
It was also noted that the dual northbound left-turn lanes at the Valley Center Drive
intersection had green times that were consistently 12, to 20 seconds longer than
required to serve the left-turn demand.
Supplemental Traffic Assignment
Peak pm hour site traffic assignments within the original TIS did not extend beyond
intersections within the immediate vicinity of the site development because site
traffic beyond that area would be insignificant, when compared with typical daily
variations in traffic. Attached is a supplemental to the original Figure 4 in the TIS
report that includes the four intersections added to the impact evaluation.
Assignment of site traffic at the four intersections were based upon the proportional
traffic distribution that currently exists.
Traffic Volume Impacts
A Supplement to Figure 5 (attached) presents a summary of peak pm hour
volumes at the four additional intersection external to the site. The turning
movement volumes were calculated by adding the site traffic assignment to
existing traffic volumes
Existing Plus Site Traffic Capacity
Revised Table 5, on the following page, presents capacity calculation results
(Appendix A) based on the peak pm hour traffic volumes indicated in the TIS Figure
5 and the Supplement to Figure 5, attached herewith. In comparing the overall
LOS to those in Revised Table 1, it can be seen that the only change would be the
Cattail Street and Max Avenue intersection, which would go from LOS “B” to LOS
“C”. Changes at other intersections would involve minor increases in
volume/capacity ratios and vehicle queues.
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 5
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 6
Future Traffic Volumes
The BMC requires that future traffic projections be made to evaluate the
development’s impacts. The BMC indicates that a future time period of 15 years
should be used for determining design hour traffic. In our coordination efforts
during preparation of this supplemental TIS, Mr. Kohtz indicated that it would be
acceptable to add in all of the planned developments within the Cattail Subdivision
area to determine future traffic volumes on the streets. A list of six additional
approved and planned developments was provided with relevant information. Of
the six developments Marvin & Associates had completed the TIS documents for
which traffic assignment information was available. There was no traffic
information for the remaining four developments. Thus, trip generation, trip
distribution, and traffic assignment analysis was required to determine the future
traffic loading associated with those developments.
Attached Appendix B consists of two exhibits. The first figure shows the relative
traffic assignment to each study intersection from each of the six planned
developments. This figure also shows the relative location of each of the individual
developments. The second exhibit shows the total of the six developments’ traffic
assignment to the street system at each of the seven intersections. The highest
traffic volumes at any of the intersections would be at the Cattail Street and N. 19th
Avenue intersection with a total of 495 vehicles entering during the peak pm hour.
Of the total traffic entering that intersection 380 vehicles (76%) would be new trips
associated with development of Gallatin Center Subdivision Lot 12. The Gallatin
Center Subdivision Lot 12 is being planned to accommodate approximately
135,000 s.f. of retail buildings which would generate approximately 730 trip during
the peak pm hour.
Future Traffic Plus Site Traffic
Supplemental Figure 6 (attached) illustrates the projected future traffic volumes
plus site traffic volumes. It should be noted that the future traffic volumes only
include existing traffic, site traffic, and proposed development traffic from six
planned developments in the Cattail Subdivision area. It does not include any
traffic increases that may be related to future growth in the Bozeman Urban Area
beyond the 0.5-mile study limits.
Future Capacity
The supplemental table on the following page presents a summary of future traffic
capacity calculations (Appendix A) based on the traffic volumes shown in
supplemental Figure 6.
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 7
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 8
The supplemental future capacity table indicates that there would be four
intersections with overall LOS less than LOS “C”. The three N. 19th Avenue
intersection would all operate at LOS “D”, while the Cattail Street and Max Avenue
intersection would operate at LOS “F”, primarily due to traffic that would be
generated by the Gallatin Center Subdivision Lot 12 development.
Conclusions
From our supplemental TIS analysis it appears that the addition of the Opportunity
Subdivision, as proposed, would not substantially impact the surrounding streets
or intersection operations, if it existed at the present time. Typically, TIS analysis
also considers whether proposed site development accesses will be able to
operate safely and efficiently in future years. This requires traffic projections for
future conditions at the site accesses. Having performed hundreds of traffic impact
studies in Montana, Wyoming, Colorado, and South Dakota over for the past 38
years we have never been required to analyze impacts associated with future
traffic volumes at external intersections that do not serve as direct access to the
study site. The current BMC wording requires that future impact analysis be
completed at all intersection within a 0.5-mile distance, and is therefore included
as a part of this supplement. Capacity analysis determined that three intersections
on N. 19th Avenue along with the intersection of Max Avenue and Cattail Street
would operate at less than an overall LOS “C”.
Recommendations
The original TIS provided recommendations which would still be applicable. In
addition to those recommendations the following recommendations are offered
commensurate with the findings of the supplemental study:
1. The intersection of Max Avenue and Cattail Street would operate at an
acceptable LOS into the future until Lots 12 of the Gallatin Center
Subdivision is developed. At that time a traffic signal would be warranted.
It is recommended that future signal costs be shared equitably based on the
relative proportion of site generated traffic entering the intersection.
2. The intersection of Cattail Street and N 19th Avenue can be considered a
direct access from the site because northbound passerby site traffic would
be required to use that intersection for site egress movements. Similar to
the intersection of Max Avenue and Cattail Street, this intersection would
operate at an acceptable overall LOS until Lot 12 is developed and
improvement costs should be shared in a similar manner. It would appear
that the most critical movements would be the northbound left-turn and the
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
Mailing Address: P.O. Box 80785 Billings, MT 59108-0785 Phone: 406-655-4550 FAX: 406-655-4991
Page 9
eastbound right-turn. Mitigation of future impacts would most likely involve
implementation of dual northbound left-turn lanes and the addition of an
exclusive eastbound right-turn lane.
3. Future deficiencies at the intersections of Valley Center Drive and Baxter
Lane with N. 19th Avenue are associated with the N. 19th Avenue corridor’s
design year capacity. In 2004 Marvin & Associates prepared an area-wide
traffic model as part of the N. 19th Avenue and Valley Center Drive
reconstruction project, which was funded through an SID on all of the area
properties bordering those roadways. Our traffic model indicated that the
projected 20-year traffic volumes would exceed the capacity of a 5-lane
roadway and that 7-lanes would be required. MDT instructed Marvin &
Associates to prepare the design report to only include traffic generated by
future developments within the design volumes, since MDT would be
responsible for adding future traffic lanes when they reconstruct the I-90
interchange. At this point in time, the external to external traffic on the N.
19th Avenue corridor has increased to a level that will require expansion of
the corridor’s capacity. Thus, mitigating measures for the two intersections
included within this study would actually involve improvements to the entire
corridor, and as such, BMC requirements for the development to mitigate
future impacts at those intersections should be excepted.
Robert R. Marvin, P.E., P.T.O.E.
Opportunity Subdivision Preliminary Plat Review Narrative
Page 1 of 9
Opportunity Subdivision
Preliminary Plat Review Narrative
Section 2- 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.
Response: The applicant acknowledges this condition.
2. Opportunity Lane must be completed in its entirety with phase 1. An updated phasing
plan, showing the roadways and infrastructure specifically identified for completion
within phase 1 must be submitted with the final plat.
Response: Opportunity Lane will be completed in its entirety with phase 1. An updated
phasing plan, showing the roadways and infrastructure specifically identified for
completion within phase 1 is included in this resubmittal.
3. All septic tanks and leach fields must be removed from the property and decommissioned
prior to final plat approval of Phase 1.
Response: Prior to Final Plat approval for Phase I all septic tanks and leach fields will
be removed from the property and decommissioned.
4. 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.
Response: The preliminary plat conforms 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
is accompanied by all required documents. Upon completion of the required
infrastructure, certification from the City Engineer that as-built drawings for public
improvements were received, will be submitted. An updated platting certificate
and any certificates that require corrections will be submitted with the final plat
application.
5. The final plat must provide all necessary utility easements and must be described,
dimensioned and shown on each subdivision block of the final plat in their true and
correct location. Any rear or side yard utility easements not provide will require written
Opportunity Subdivision Preliminary Plat Review Narrative
Page 2 of 9
confirmation from ALL utility companies providing service indicating that rear or side
yard easements are not needed.
Response: The final plat will provide all the necessary utility easements and will be
shown, described and dimensioned on each subdivision block of the final plat in
their true and correct location. A written confirmation from ALL utility companies
providing service for any rear or side yard utility easements not provided will be
provided with the final plat application.
6. Street lighting, including pathway intersection lighting, must be installed by the
subdivider. Light locations and specifications must be provided to the City Engineer for
review and approval with the public improvements plans and specifications. All street
light poles must be installed a minimum of 10’ from any water or sewer main or
appurtenance.
Response: Street lighting, including pathway intersection lighting, will be installed by
the subdivider per City of Bozeman Standards.
7. Any public street lighting installed by this development must be LED.
Response: Public street lighting will be LED.
8. The final plat must 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: _____________________________
Opportunity Subdivision Preliminary Plat Review Narrative
Page 3 of 9
Response: The Certificates are shown on the Preliminary Plat.
9. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest a parks maintenance district for the following, if not done
with annexation per section 38.27.090.BMC.
Response: The applicant will provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest a parks maintenance district if required
as this property is zoned commercial. A draft waiver is included in this submittal.
10. The final plat must contain the following notation on the conditions of approval sheet in
the final plat: “Ownership of all common open space areas and trails, and responsibility
of maintenance thereof and for city assessments levied on the common open space lands
must be that of the property owners’ association. Maintenance responsibility must
include, in addition to the common open space and trails, all vegetative ground cover,
boulevard trees and irrigation systems in the public right-of-way boulevard strips along
all external perimeter development streets and as adjacent to common open space areas.
All areas within the subdivision that are designated herein as common open space
including trails are for the use and enjoyment by residents of the development and the
general public. The property owners’ association must be responsible for levying annual
assessments to provide for the maintenance, repair, and upkeep of all common open
space areas and trails. At the same time of recording the final plat for the subdivision, the
subdivider must transfer ownership of all common open space to the property owners’
association created by the subdivider to maintain all common open space areas within the
Opportunity Sub-Division.
Response: The notation is shown on the conditions of approval sheet of the Preliminary
Plat.
11. The certificate of dedication on the final plat must include the specific names of the
streets dedicated to the public for which the City accepts responsibility.
Response: The certificate of dedication on the final plat includes the specific names of
the streets dedicated to the public for which the City accepts responsibility.
12. The subdivider must provide the necessary declaration and recitals to facilitate the
property owners’ association bylaws and/or declaration of covenants, conditions and
restrictions. Any cost sharing agreements for maintenance must be included with the
final plat.
Response: The applicant acknowledges this condition.
Opportunity Subdivision Preliminary Plat Review Narrative
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Section 3 - CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS FOR THE
SUBDIVISION
Planning Review Code Corrections
1. Section 38.27.110.F requires a 25 foot wide easement for recreation pathways. The 20’
wide proposed trails easement must be depicted at 25 feet wide on the final plat.
Response: The width of the trail easement has been revised to 25’.
2. Future Impact Fees - Please note that future building permit applications will require
payment of the required transportation, water, sewer and fire impact fees according to the
City of Bozeman adopted impact fee schedule in place at the time of building permit
issuance. If you desire an estimate of the required impact fees according to current rates
please contact the Department of Community Development and/or visit
www.bozeman.net.
Response: The applicant acknowledges this condition.
3. Note: During preparation of the staff report for this application, additional conditions of
approval may be recommended based on comments and recommendations provided by
other applicable review agencies involved with the review of the project.
Response: The applicant acknowledges this condition.
Engineering Review Code Corrections
1. Bozeman Municipal Code (BMC) Section 38.23.030.A states: The developer shall install
complete drainage facilities in accordance with the requirements of the state department
of environmental quality and the city, and shall conform to any applicable facilities plan
and the terms of any approved site specific stormwater control plan. The city's
requirements are contained in the design standards and specifications policy and the city
modifications to state public works standard specifications, and by this reference these
standards are incorporated into and made a part of these regulations.
The applicant submitted a stormwater system design that only provides stormwater
detention facilities for streets. At the Development Review Committee (DRC) meeting, the
applicant requested delaying stormwater improvements for the individual lots to site plan
applications for those lots. At a minimum, the applicant must demonstrate space for
detention facilities on the individual lots to provide detention for stormwater runoff from
those lots. A no-build restriction must be indicated on the plat for all lots pending further
site plan review to account for drainage systems to be installed upon site development.
Response: The applicant acknowledges this condition. A no-build restriction note has
been added on Sheet 3, Note 8 stating all lots pending further site plan review to
account for drainage systems to be installed upon site development.
Opportunity Subdivision Preliminary Plat Review Narrative
Page 5 of 9
2. BMC Section 38.23.060.A states: Where determined to be necessary, public and/or
private easements shall be provided for private and public utilities, drainage, vehicular or
pedestrian access, etc.
The proposed local street extension of Rawhide Ridge is located off the subject property.
The applicant must demonstrate acquisition of right-of-way (ROW) or an easement to
accommodate the local road prior to preliminary plat approval.
A water main is proposed to be located off the subject property to the west and off the
subject property to the south. Additionally, a sewer main is to be located off the subject
property to the south. The applicant must demonstrate acquisition of easements to
accommodate the proposed water mains and sewer main prior to preliminary plat
approval.
The applicant must demonstrate the proposed shared driveway access easement from
Max Avenue to Lot 4 prior to preliminary plat approval. The applicant must demonstrate
a mutual access easement across Lots 1 and 2 prior to final plat approval. The applicant
must demonstrate drainage easements across multiple lots, where necessary, for overflow
drainage from individual lots to the natural drainage discharge location. This item shall
be provided prior to final plat approval.
Response: Included in this submittal are the following:
Signed Public Street and Utility Easement for Rawhide Ridge Road.
Signed Water Pipe Line and Access Easement Agreement for the water
main extensions.
Signed Mutual Access Easement from Lot 4 to Max Avenue.
Draft Mutual Access Easement and Agreement for Lots 1 & 2.
No drainage easements are anticipated to be required for storm water drainage as it
is anticipated each lot will provide for its own storm water facility.
3. BMC Section 38.23.030.070.A.3 states: When a proposed development adjoins
undeveloped land, and municipal infrastructure mains would reasonably pass through the
new development to the undeveloped land, municipal infrastructure mains shall be
arranged to allow the suitable development of the adjoining undeveloped land. Municipal
infrastructure mains within the proposed development shall be constructed to the
boundary lines of the tract to be developed, unless prevented by topography or other
physical conditions.
The applicant must extend a sanitary sewer main in Rawhide Ridge Road from Max
Avenue to a location near the intersection with N. 19th Avenue prior to construction of
Rawhide Ridge Road. This will allow future sewer service to the property to the south.
Response: The applicant acknowledges this condition.
Opportunity Subdivision Preliminary Plat Review Narrative
Page 6 of 9
4. BMC Section 38.24.010.A.1 states: When a proposed development adjoins undeveloped
land, and access to the undeveloped land would reasonably pass through the new
development, streets within the proposed development shall be arranged to allow the
suitable development of the adjoining undeveloped land. Streets within the proposed
development shall be constructed to the boundary lines of the tract to be developed
The applicant must complete Opportunity Way from the intersection with 19th Avenue to
the intersection with Max Avenue in the first phase of the project.
Response: The applicant acknowledges this condition.
4. BMC Section 38.24.040.A states: The following requirements apply to street names: new
streets aligned with existing streets shall have the same name as the existing streets. All
street names must be approved by the county geographic information systems and city
engineering department prior to final plat or plan approval in order to avoid duplication
and confusion with names of existing streets and roads.
The proposed Opportunity Lane must be renamed Kimberwicke Street as it
approximately aligns with Kimberwicke Street to the west. Additionally, the City already
has a street named Opportunity Way.
Response: The Preliminary Plat has been revised to rename Opportunity Way to
Kimberwicke Street.
6. Bozeman Municipal Code (BMC) Section 38.24.060.B.4 states: All arterial and collector
streets and intersections with arterial and collector streets shall operate at a minimum
level of service "C" unless specifically exempted by this subsection. Level of service
(LOS) values shall be determined by using the methods defined by the most recent
edition of the Highway Capacity Manual. A development shall be approved only if the
LOS requirements are met in the design year, which shall be a minimum of 15 years
following the development application review or construction of mitigation measures if
mitigation measures are required to maintain LOS. Intersections shall have a minimum
acceptable LOS of "C" for the intersection as a whole.
Per the 15-year requirement, the applicant must include build-out traffic demands in the
level-of-service LOS analysis from development that has been approved by the City.
Traffic demands from known and recently approved projects are not included in the
analysis.
Recent data from the City’s Transportation Master Plan indicates the intersection of the
eastbound freeway offramp and onramp with N. 19th Avenue is a failing intersection. Per
the current City Code, the applicant must apply for and receive a variance to the failing
intersection requirement.
Opportunity Subdivision Preliminary Plat Review Narrative
Page 7 of 9
The applicant must define the LOS for the overall intersection of Cattail Street and N.
19th Avenue for the PM and AM peak-hour conditions. Individual movement LOS was
provided, but the overall LOS was not provided.
Response: Included in this resubmittal is an updated Traffic Impact Study addressing
the additional requirements.
7. Intersections that are required to be studied in the traffic impact study are defined in
BMC Section 38.41.060.A.12.f.2.c.ii, which states: All arterial-arterial, collector-
collector and arterial-collector intersections within one-half mile of the site must be
analyzed.
The applicant must analyze the following intersections within one half-mile of the
property and describe that analysis in an updated traffic impact study:
a. Baxter Lane and N. 19th Avenue
b. N. 19th Avenue and Valley Center Road
c. Cattail Street and N. 27th Avenue
d. N. 27th Avenue and Catamount Street
e. N. 27th Avenue and Catron Street
Response: Included in this resubmittal is an updated Traffic Impact Study addressing
the additional requirements
8. The existing water service on the site must be abandoned at the main per City of
Bozeman requirements. The applicant shall contact the City Water and Sewer
Department to inspect proper abandonment of the service per the City Design Standards
and Specifications Policy.
Response: The applicant acknowledges this condition
9. The applicant shall provide certification that septic systems on the site are properly
abandoned.
Response: The applicant acknowledges this condition
10. The Covenants, Restrictions, and Articles of Incorporation must incorporate the
stormwater maintenance plan, so the property owners are informed of their maintenance
responsibilities associated with the regional detention pond for the subdivision.
Response: Article IV, Section 1 (page 7) has been modified and Attachment A added to
the Declaration of Covenant to inform the property owners of their maintenance
responsibilities associated with the regional detention pond for the subdivision.
Opportunity Subdivision Preliminary Plat Review Narrative
Page 8 of 9
11. The applicant’s traffic impact study indicates the activation of the left hand turn bay for
the northbound traffic on N. 19th Avenue at Rawhide Ridge is needed for the traffic
demands associated with this project. The existing left hand turn bay currently has a pin-
down curb and is filled with gravel. The applicant must remove the pin-down curb and
gravel fill, reconfigure the pavement markings, and install appropriate signing to active
operation of the turn bay that was planned during the N. 19th Avenue reconstruction
project. This improvement must be complete prior to final plat approval.
Response: The removal of the pin down curb and gravel will be completed with the
construction of the public infrastructure.
12. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a. Street improvements to Cattail Street including paving, curb/gutter, sidewalk, and
storm drainage.
b. Street improvements to Thomas Drive/N. 27th Avenue including paving,
curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk, and
storm drainage.
d. Intersection improvements to the intersection of N. 19th Avenue and Baxter Lane.
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. The filed document
shall be provided prior to final plat approval.
Response: Included in this resubmittal is a draft Waiver of Right to Protest Creation of
Special Improvement Districts for the items listed.
Advisory Comments
13. The Montana Department of Fish, Wildlife and Parks, Natural Resources Conservation
Service, 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 as appropriate.
Response: Included in this resubmittal are copies of the acquired permits for the stream
crossings.
14. The transfer of water rights or the payment of cash-in-lieu of water rights shall be
provided in accordance to BMC Section 38.23.180. This item shall be addressed prior to
final plat approval. The applicant shall contact Brian Heaston with the City Engineering
Opportunity Subdivision Preliminary Plat Review Narrative
Page 9 of 9
Department for an analysis of this requirement. However, it is understood that the
applicant intends to apply BMC Section 38.23.180.C.5 to defer water rights or payment-
in-lieu to the site plan process for each individual lot. If so, the applicant must include a
note on the plat to this effect.
Response: Note 9 on Sheet 3 has been added to the Preliminary Plat stating the required
cash-in-lieu of water rights has been deferred until the development of the lot per
BMC Section 38.23.180.C.5.
15. A contaminated aquifer, known as the Solvent Site, underlies the proposed development.
The aquifer is contaminated with tetrachloroethylene (PCE). No irrigation wells will be
allowed to support irrigation at the site, and the City water supply must be used for
irrigation water to prevent further spread of contamination and public exposure to
contaminants. No further action is required of the applicant with respect to this item.
Response: The applicant acknowledges this condition
Opportunity Sub-Division
Wetland Review Checklist Narrative
1. The proposed Subdivision of the existing 22.33 acre COS 331 is to create six (6) new lots.
Five will be for commercial development and one for a storm water detention facility. The
subdivision requires the development of perimeter local streets as well as extension of
sanitary sewer and water mains to serve the subdivision. An internal street is proposed to be
developed to bisect the subdivision east-west to fulfill the north-south block length
requirement. A north-south trail along the east side of East Catron Creek is proposed to
fulfill the east-west block length requirement.
2. The site has been strategically designed to avoid major disturbance to the wetlands. For
example, Lot 5 has not been planned for development and most likely will not be developed
in the future because of the substantial wetlands in this lot. The wetlands on this lot have
been disturbed substantially in the past and we believe this project will allow for their natural
improvement. Their major disturbances will only be at the road crossings.
3. A Waters of the U.S. Impacts Site Plan are provided in Section 8.C.
4. Appropriate setbacks have been applied to the wetlands to protect them from impacts due to
the developments on site. There are no proposed activities in the wetlands, except for the
road crossing of the proposed Street “A” and Rawhide Ridge. The wetlands will be culverted
in these locations in order to minimize impacts. Culverting the wetlands will provide
continuous water flow and aquatic wildlife movement through the road crossings.
Additionally there will be a minor portion of wetland impacted by Max Avenue. Disturbed
areas will be reseeded with native wetland mix. Silt fence will be placed between the
disturbed areas and the wetlands during construction.
5. At the locations where the wetlands will be culverted, there will be native fill, pit run, road
mix, and asphalt installed. There will be no transport and disposal of any fill material in any
other wetland on site during the development of Town Pump. All transport and disposal of
fill material do not violate any state or federal statutes and regulations.
6. The Section 404 permit has been submitted, the submittal documents are in Section 11.L. of
this application.