HomeMy WebLinkAbout01-09-17 CC Mtg - C10. Yellowstone Theological Institute Findings of Fact and OrderCommission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Brian Krueger, Development Review Manager
Martin Matsen, Director of Community Development
SUBJECT: Yellowstone Theological Institute Minor Subdivision Preliminary Plat Findings of
Fact and Order, Application 15574
MEETING DATE: January 9, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Yellowstone Theological Institute Minor Subdivision Preliminary Plat Application 15574.
BACKGROUND: On December 12, 2016, the City Commission reviewed the application for
preliminary plat approval for the Yellowstone Theological Institute Minor Subdivision. The Commission
voted unanimously to approve the proposed subdivision subject to conditions and code provisions to
ensure the final plat would comply with all applicable regulations and all required criteria. State law
provides that the governing body shall “provide a written statement to the applicant detailing the
circumstances of the condition imposition.” The statement must include: 1) the reason for the condition
imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal
process for the condition imposition. To proceed with submitting a final plat application for the initial
phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property. Impact fees will be collected at the time of issuance of building permits for individual lots
along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: December 28, 2016
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the Yellowstone
Theological Institute Minor Subdivision Preliminary Plat Application15574
Public Hearing Date: City Commission meeting was held on December 12, 2016 at 6:00 p.m.
Project Description: A preliminary plat application requesting a first minor subdivision of a
tract of record consisting of 78 acres to create five lots.
Project Location: The property is addressed as 3000 South 19th
Avenue and is legally described
as the SW ¼ NE ¼, NW ¼ SW ¼ less right of way Mandeville Creek Annexation,
Section 24, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana. The
property is zoned R-1, residential single household low density and R-2, residential two-
household medium density district.
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 15574 and move to approve the preliminary plat application
requesting a first minor subdivision of a tract of record, 78 acres to create five lots with
conditions and subject to all applicable code provisions.”
Findings of Face and Order Date: January 9, 2017
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
A Preliminary Plat Application requesting a first minor subdivision of a tract of record of 78
acres to create five lots. Three lots are proposed for further development to accommodate the
Yellowstone Theological Institute campus. Two lots are proposed for restricted development.
This subdivision is a first minor subdivision from a tract of record and does not require Planning
Board review. A public meeting is required before a Commission decision.
At its October 19, 2016 meeting, the Development Review Committee (DRC) voted
unanimously to recommend approval of the application with the conditions and code provisions
identified in this report.
No parkland dedication is required for this subdivision. No subdivision or zoning variances are
requested with this application. No public comment has been received.
The final decision for a First Minor Subdivision Preliminary Plat must be made within 35
working days of the date it was deemed adequate; or in this case by December 12, 2016.
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. Continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
Commission Action
The Bozeman City Commission held a public meeting on Monday, December 12, 2016 to review
the application and hear public testimony. No public comment was received. The City
Commission discussed the proposed preliminary plat application in regards to the character of
the area and the intent of the subdivision and zoning district; and reviewed the application
against the requirements of the Montana Subdivision and Platting Act and found that, with
conditions, the Minor Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15574 and
voted to approved the preliminary plat application, with the conditions as outlined in the staff
report, 4:0. Commissioner Andrus was absent.
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Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - REQUESTED VARIANCES OR DEVIATIONS .................................................. 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 13
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 13
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann. .................... 14
Preliminary Plat Supplements ........................................................................................... 15
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 20
APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ..................................... 22
APPENDIX B - NOTICING AND PUBLIC COMMENT .......................................................... 22
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .................................. 23
FISCAL EFFECTS ....................................................................................................................... 23
ATTACHMENTS ......................................................................................................................... 23
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SECTION 1 - MAP SERIES
Figure 1: Zoning Map
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Figure 2: Future Land Use Designation Map
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Figure 3: Proposed Preliminary Plat
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SECTION 2 - REQUESTED VARIANCES OR DEVIATIONS
No subdivision or zoning variances are requested with this preliminary plat application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. 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 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, 24.183.1107 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.
3. All notes, restrictions and conditions of approval must be relocated from the plat and
transferred to the final plat conditions of approval sheet.
4. Lot 2, Block 1 must be labeled as a Lot 2, Common open space.
5. Lot 4, Block 1 and Lot 1, Block 2 must be platted as an undevelopable lot in accordance
with Section 38.39.080.B.6 BMC, with the following language placed on each
undevelopable lot of the final plat “Lot development subject to further subdivision
review.” No public improvements shall be required for the undevelopable lot until it is
subdivided as a lot which is not subject to this restriction. This language shall be placed
on the face of the plat or in a separate executed document to be recorded with the final
plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 4, Block 1 and Lot
1, Block 2, of the Yellowstone Theological Institute Minor Subdivision, City of
Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved
by the Bozeman City Commission without completion of on and off site improvements
required under the Bozeman Municipal Code, as is allowed in Chapter 38.39 of the
Bozeman Municipal Code. As such, this Restriction is filed with the final plat that
stipulates that any use of these lot is subject to further subdivision, and no development
of this lot shall occur until all on and off site improvements are completed as required
under the Bozeman Municipal Code. THRERFORE, BE ADVISED, that Building
Permits will not be issued for Lot 4, Block 1 and Lot 1, Block 2, of the Yellowstone
Theological Institute Minor Subdivision, City of Bozeman, Gallatin County, Montana
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until all required on and off site improvements are completed and accepted by the City of
Bozeman. No building or structures are permitted to be constructed on this lot until this
restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision and the written consent of the City of Bozeman.
6. The following landscape improvements must be installed with Phase I:
a. South 19th Avenue street frontage and the watercourse setback planting plan
landscape requirements;
b. Common Open Space, Lot 2, Block 1 including the detention facility;
c. North/south trail corridor; and
d. Graf Street, street frontage.
7. 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.
8. A ten foot front yard utility easement must be provided on the east side of the sidewalk
installed along the South 19th Avenue frontage in lieu of the standard easement location.
9. The final plat application must contain the following notation on the conditions of
approval sheet in the final plat: “No parkland dedicated with this subdivision.
Development on land initially exempted from park dedication is required to provide park
dedication if further development of the site does not continue to meet the criteria for
exemption.”
10. Unless already filed and prior to final plat approval, an executed waiver of right to protest
the creation of special improvement districts (SIDs) for a park maintenance district must
be filed and recorded with the Gallatin County Clerk and Recorder.
11. 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.
12. The proposed project falls within the Payback Districts known as the Meadow Creek
Paybacks, which requires reimbursement to the Meadow Creek Subdivision developer for
the following infrastructure improvements:
a. Intersection of Stucky Road and N. 19th
Avenue = $62,845.41
b. Intersection of Graf Street and N. 19th
Avenue = $136,659.23
c. Water Improvements, 24-inch pipe = $84,999.49
d. Water Improvements, 16-inch pipe = $56,455.01
e. Sanitary Sewer Improvements = $116,628.57
The applicant must pay the Meadow Creek Paybacks to the City Engineering Department
prior to final plat approval.
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13. The applicant must add a note to the Conditions sheet of the plat to the effect that
maintenance of stormwater infrastructure is the responsibility of the property owners’
association.
14. The applicant must add a note to the Conditions sheet of the plat to the effect that
maintenance of private streets within the development is the responsibility of the property
owners’ association.
15. If not already filed, the applicant shall provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special Improvement
Districts (SID’s) for the following:
a. Street improvements to Graf Street including paving, curb/gutter, sidewalk, and
storm drainage
b. Street improvements to S. 19th
Avenue including paving, curb/gutter, sidewalk,
and storm drainage
c. Street improvements to S. 15th
Avenue including paving, curb/gutter, sidewalk,
and storm drainage
d. Street improvements to Arnold Street including paving, curb/gutter, sidewalk, and
storm drainage
e. Intersection improvements to S. 19th
Avenue and Graf Street
f. Intersection improvements to Graf Street and S. 11th
Avenue
g. Intersection improvements to S. 19th
Avenue and Stucky Road
h. Intersection improvements to S. 19th
Avenue and Kagy Boulevard
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. This is a condition
of final plat approval.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
1. Section 38.23.100.A.2.f water course setback planting plan requirements. Landscape
plan does not meet the requirements as required for zone 1 and zone 2 of the
watercourse setback.
2. Section 38.26.050.E Street frontage landscaping required. The street frontage
landscaping proposed along the street frontages do not meet the standard for regular
spacing along the street frontages at 1 per 50’. The trees are shown clustered on the
submitted landscape plan.
3. Section 38.23.040 Blocks Rights-of-way for pedestrians. Rights-of-way for pedestrian
walks, not less than ten feet wide, shall be required where deemed necessary to provide
circulation or access to parks, open space, schools, playgrounds, shopping centers,
transportation, and other community facilities. In addition, no continuous length of block
shall exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks
shall also be installed at the end of culs-de-sac where deemed appropriate.
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1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as
corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall
be treated as side yards;
2. The pedestrian walks shall be maintained by the adjacent property owner or by the
property owners association. The party responsible for maintenance of pedestrian walks
shall be identified in the preliminary plat application; and
3. Pedestrian walks shall be constructed as a city standard sidewalk, and the provisions
of section 38.24.080 shall apply. The proposed public trail easement must be further
described on the conditions of approval sheet and noted clearly that this easement is
specifically for public access. Staff recommends that the applicant consider the
dedication include a 30’ wide easement in order to allow a five foot side yard to apply
adjacent to the easement. A construction detail of the sidewalk must be provided with
the final plat application. The requirement in Section 38.24.080 is for a concrete City
standard 5’ minimum sidewalk.
4. Section 38.23.080.H Grading and Drainage. The final landscape plan for the drainage
facility on Lot 2 must include a cross section.
5. Section 38.26.070 Landscaping of public lands. The right of way for pedestrians noted
in 38.23.040, Blocks, must be landscaped as a public land. The final plan application
must include a landscape plan for the entirety of the trail corridor.
6. Section 38.23.180 states: the transfer of water rights or the payment of cash-in-lieu (CIL)
of water rights shall be provided. The applicant must contact the City Engineering
Division for an analysis of CIL of water rights and pay any CIL of water rights due
prior to final plat approval.
7. 38.24.010.A states: All streets shall be provided in accordance with the adopted growth
policy and/or transportation plan. The arrangement, type, extent, width, grade and
location of all streets shall be considered in their relation to existing and planned streets,
to topographical conditions, to public convenience and safety, and to the proposed uses of
the land to be served by such streets.
Construction of streets adjacent to the proposed project borders is required. This
includes extension of S. 15th Avenue along the eastern border of the property and
construction of Arnold Street on the northern border of the property. However, timing
of these improvements will be triggered by adjacent development. With the proposed
plat application and initial site plan application for this project, S. 15th Avenue and
Arnold Street will not be required. The City and the applicant have agreed to delay
these local street improvements until such time as the improvements are needed and in
conjunction with completion of Graf Street from 19th Avenue to Ritter Drive with the
current plat application. The applicant must execute and file a waiver of right to
protest creation of a special improvement district for S. 15th Avenue and Arnold Street
to ensure that the City can obtain financial participation in these street improvements
when required. The applicant must execute the waiver on the City’s standard form and
provide the filed copy to the City Engineering Division prior to final plat approval.
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Graf Street and S. 19th Avenue and all associated improvements must be completed by
the applicant and accepted by the City or financially guaranteed as allowed by BMC
prior to final plat approval.
8. 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 applicant must execute and file with the County Clerk and Recorder a public
access easement for the sidewalk that parallels S. 19th Avenue. The easement must be
executed on the City’s standard form and provided to the City Engineering Division
prior to final plat approval.
The applicant must execute and file with the County Clerk and Recorder temporary
stormwater easements for the temporary stormwater ponds that will accommodate
runoff from Graf Street and S. 19th Avenue. The temporary stormwater ponds and
associated easements must remain in place until permanent stormwater detention is
provided on the subject property.
9. Section 38.23.060.D states: The developer shall establish appropriate irrigation facility
easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width
to allow the physical placement and unobstructed maintenance of active open
ditches or below ground pipelines. The easement shall facilitate the delivery of
water for irrigation to persons and lands legally entitled to the water under an
appropriated water right or permit of an irrigation district or other private or public
entity formed to provide for the use of the water right;
(1) The easements shall ensure the conveyance of irrigation water through the land
to be developed to lands adjacent to or beyond the development's boundaries in
quantities and in a manner that are consistent with historic and legal rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation
canals and ditches.
b. Are a sufficient distance from the centerline of the irrigation facility to
allow for construction, repair, maintenance and inspection of the ditch or
pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than
grass within the irrigation facility easement without the written permission
of the facility owner.
The applicant must sufficiently indicate easements for on-site agricultural water user
facilities on the plat prior to final plat approval. The conditions of approval sheet must
show the location of the irrigation facilities on the exhibit as described in note 5.
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10. Section 38.41.060.11.b states: The plan shall include sufficient site grading and elevation
information (particularly for the basin sites, drainageways and lot finished grades),
typical stormwater retention/detention basin and discharge structure details, basin
sizing calculations, and a stormwater maintenance plan.
The applicant must provide a stormwater maintenance plan for the temporary
detention ponds on site for review and approval prior to final plat approval. The owner
or future property owner’s association (POA) is responsible for maintenance of the
temporary stormwater detention systems until the systems are replaced with a
permanent stormwater system.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Yellowstone Theological Institute Minor Subdivision Preliminary Plat,
15574
Development Review Committee (DRC)
The DRC reviewed the proposed minor subdivision preliminary plat application on December
30, 2015; January 6, 2016; and October 12, 2016. On January 6, 2015, the DRC determined the
application submittal inadequate for further review. A revised application was determined to
contain the detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision on October 19, 2016. The DRC finds that the application, with the
recommended conditions of approval, is in compliance with the adopted growth policy, the
Montana Subdivision and Platting Act and the Unified Development Code.
Planning Board.
This subdivision is a first minor subdivision from a tract of record and does not require Planning
Board review.
City Commission
The Bozeman City Commission held a public meeting on Monday, December 12, 2016 to review
the application and hear public testimony. No public comment was received. The City
Commission discussed the proposed preliminary plat application in regards to the character of
the area and the intent of the subdivision and zoning district; and reviewed the application
against the requirements of the Montana Subdivision and Platting Act and found that, with
conditions, the Minor Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15574 and
voted to approved the preliminary plat application, with the conditions as outlined in the staff
report, 4:0. Commissioner Andrus was absent.
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SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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. 2, 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.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The public meeting before the City Commission has been properly noticed as required by the
Bozeman Municipal Code. 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 will make the final decision on the applicant’s
request.
A preliminary plat application was submitted to the Department of Community Development on
December 14, 2015 and was deemed acceptable for initial review on December 21, 2015. The
preliminary plat was reviewed by the DRC on December 30, 2015; January 6, 2016. On January
6, 2015, the DRC determined the application submittal inadequate for further review. A revised
application was submitted on September 16, 2016. On October 12, 2016 the DRC determined the
submittal contained detailed, supporting information that is sufficient and adequate to allow for
the review of the proposed subdivision.
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Public notice for this application was scheduled in the legal advertisements section of the
Bozeman Daily Chronicle on November 6, 2016 and the site was posted with a public notice on
November 7, 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 4, 2016. No public comment has been received as of the writing of this
report.
On December 1, 2016 this first 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 which is scheduled to make
a final decision at its December 12, 2016 public hearing. The final decision for a First Minor
Subdivision Preliminary Plat must be made within 35 working days of the date it was deemed
adequate; or in this case by December 12, 2016.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development, the Development Review Committee, Recreation and Parks Advisory
Board and the Wetland Review Board reviewed the preliminary plat against all applicable
regulations and compliance with all regulations appears to be met. Recommended conditions of
approval and code provisions requiring plat corrections are included to complete the application
processing for final plat approval. Site specific conditions and plat corrections are included in
this report for consideration by the City Commission.
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. 7, 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.
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 that meets minimum standards as shown on the preliminary plat. The access is noted on
the plat.
Primary Subdivision Review Criteria, Section 76-3-608 Mont. Code Ann.
Primary subdivision review criteria are not required for first minor subdivisions from a tract of
record therefore, are not included in this report.
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Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on August 12, 2015. With
the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 , Additional Subdivision Preliminary Plat Supplements. The following
supplement waivers were granted: geology, slopes, and soils, vegetation, wildlife, historical
features, educational facilities, parks and recreation facilities, neighborhood center,
miscellaneous, and affordable housing. Staff offers the following summary comments on the
supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
No significant impacts are identified. The only impacts to surface water are from the crossing of
the surface features by Graf Street. Review and mitigation are provided via a 404 permit issued
the Army Corps of Engineers. There are three surface water features on site, Mandeville Creek,
the Woward-Esgar Ditch and an un-named Irrigation Ditch. Mandeville Cree parallels the
western property boundary and is a stream that was relocated historically to parallel South 19th
Avenue. Much of the Mandeville Creek flow is diverted east to an irrigation ditch that parallels
the north property boundary. Adjacent wetlands exist along Mandeville Creek and will be
retained. The Woward-Esgar Ditch parallels the east boundary of the parcel from south to north.
The channel is dry and the historic water sources were removed during the construction of an
adjacent subdivision. The only impacts to these features will be to place culverts for the crossing
and construction of Graf Street. Army Corps. Of Engineers 404 permitting has been obtained for
those impacts. The watercourse setback areas of Mandeville Creek will be planted according to
code standards. A code correction is identified relating to this issue in Section 4.
The Wetland Review Board reviewed the subdivision on January 7, 2015 and supported the
proposed wetland buffers and watercourse setback along Mandeville Creek. They reviewed the
proposed stormwater facility layout and the proposal for a sidewalk along South 19th
Avenue.
The Board recommended approval. The Woward-Esgar Ditch and the unnamed ditch along the
north property boundary will be reviewed in greater detail with the further subdivision of the
restricted development lots.
38.41.060.A.2 Floodplains
No significant impacts are identified. A floodplain study was provided for Mandeville Creek and
identified no impacts from this subdivision.
38.41.060.A.3 Groundwater
No significant impacts are identified. Monitoring of ground water was completed and found that
groundwater depths vary from three to five feet. The site is affected within six feet of the ground
surface. Groundwater and soils will be further analyzed with further development to determined
appropriate foundations for construction. Connections to City sewer and water infrastructure will
minimize the potential for groundwater degradation. City stormwater requirements for Graf
Street and the lots platted for development will reduce sediments and contaminants in the runoff
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prior to reintroduction into the groundwater. Stormwater flow discharge will be limited to the
predevelopment rate.
38.41.060.A.4 Geology, Soils and Slopes
No significant impacts are identified. Supplemental information waived by the DRC. There are
no known geologic hazards associated with the site. The site topography slopes at a slight grade
in a northern direction. Proposed road and lot grades will not exceed 3-percent and slope work
will not exceed a 4:1 horizontal: vertical ratio. The soils will be verified at further development
review for any development.
38.41.060.A.5 Vegetation
No significant impacts are identified. Supplemental information waived by the DRC. No
significant or critical vegetation exists on the subject property. Noxious weeds are being
controlled by the required Noxious Weed Management Plan. Mandeville Creek is vegetated and
will not be significantly impacted by the subdivision. Additional watercourse setback plantings
will augment the existing vegetation to shade and slow water in the creek along the west
boundary of the subdivision.
38.41.060.A.6 Wildlife
No significant impacts are identified. Supplemental information waived by the DRC. This is a
developing urban area. The subject property is designated as a residential area according to the
City of Bozeman Community Plan. The area is zoned for residential development has been used
for agricultural purposes. Although there are incidental small animals residing on this and
adjacent property no significant impacts to wildlife is identified in this developing area.
38.41.060.A.7 Historical Features
No significant impacts are identified. Supplemental information waived by the DRC. No
historical features are anticipated on site. The property has been substantially disturbed and
graded over time which would remove historical features. Mandeville Creek was relocated in the
past eliminating any archeological sites that might have been associated with it. Agricultural
buildings on site were reviewed and approved via a certificate of appropriateness and demolition
permit for removal prior to subdivision application.
38.41.060.A.8 Agriculture
No significant impacts are identified. The site is currently used for agricultural uses. Fence lines
exist to separate this parcel from adjacent agricultural uses. This area is a planned residential
development area of the City that is not planned for agricultural uses.
38.41.060.A.9 Agricultural Water User Facilities
No significant impacts are identified. Agricultural water user facilities exist on the property. This
plat will dedicate land for future streets including South 15th
Avenue and Arnold Street. These
dedications will provide access to the existing ditches. An existing twenty foot wide easement to
access agricultural water user facilities exists on the entire south boundary of the adjacent
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property to the north. Mandeville Creek can be accessed from South 19th
Avenue. No changes to
the configurations or to the flows are proposed with this subdivision.
38.41.060.A.10 Water and Sewer
No significant impacts are identified. Adequate service capacity exists to serve the development.
New water and sewer infrastructure will be installed to serve the development. The water main
extended in Graf Street will connect to existing city water main at the Graf Street/South 19th
Avenue intersection. Sewer service is being extended from the existing main on Stucky Road
south into Graf Street. Per a code requirement, prior to final plat approval, 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. Follow up infrastructure design and
permitting is required and listed under the code provisions in Section 4. This site is located in a
payback district for water and sewer improvements installed by the Meadow Creek Subdivision.
Condition of Approval No. 12 would require those payments to be made by the property owner
prior to final plan.
38.41.060.A.11 Stormwater Management
No significant impacts to the stormwater system are identified. A stormwater management plan
was included and reviewed with this application. Storm water for the public streets will be
located on common open space, Lot 2, Block 1 in the northwest corner of the subdivision which
is to be owned and maintained by the property owners’ association. Storm water collection will
be via a surface gutter flow and piped collection system. Combined on site detention is proposed
for the street and subsequent development. All storm water facility outlet structures will be
properly landscaped and maintained according to city standards. Code corrections related to
these items are included in Section 4.
38.41.060.A.12 Streets, Roads and Alleys
Impacts are identified. Conditions of approval and code requirements mitigate the impacts
identified. The project requires all perimeter street adjacent to platted lots to be developed to City
standard. Access to the subdivision is provided by an extension of Graf Street east from the
intersection of South 19th
Avenue. Graf Street is classified as a collector street and South 19th
Avenue is a principal arterial. South 19th
Avenue requires widening to City arterial standard from
the intersection of Graf Street to the north property boundary. The access to the lots is proposed
from Graf Street only. A roundabout is proposed at the primary access location along Graf
Street. Graf Street is proposed at a collector standard with two lanes of travel, a center turn lane
and bike lanes. A shared use pathway is proposed along the north side of Graf Street.
A traffic study submitted with the application and determined that the development will have
minimal impacts to traffic operations on South 19th
Avenue and Stucky Road. Graf Street is
anticipated to be extended beyond the boundary of this subdivision east to the existing Graf
Street section near South 3rd
Avenue. This will provide the first continuous east/west connection
between South 3rd
Avenue and South 19th
Avenue south of Kagy Boulevard and north of
Goldenstein Lane. A signal exists at the South 19th
Avenue and Graf Street and will be improved
with this project to accept westbound traffic. Code corrections are provided related to this issue.
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Follow up infrastructure design and permitting is required and listed under the code provisions in
Section 4.
Lot 4, Block 1 and Lot 1, Block 2 are proposed as restricted development lots, which require
further subdivision review as they will not install all the required infrastructure to support the
development of the lots. The application proposes to dedicate rights of ways for Arnold Street
and South 15th
Avenue with this plat. During development review the application agreed to file
waivers of protest for an SID for these and other streets in the event that adjacent development
proceeds prior to the further subdivision of the two lots. The applicant understands that an SID
may be used by the City to install Arnold Street and South 15th
Avenue improvements. Code
provision No. 7 and Condition of Approval No. 15 are related to this issue.
This site is located in a payback district for intersection improvements installed by the Meadow
Creek Subdivision. Condition of Approval No. 12 would require those payments to be made by
the property owner prior to final plan.
38.41.060.A.13 Utilities
No significant impacts are identified. Electric and gas capacity exists to serve the subdivision,
confirmed by a letter submitted by NorthWestern Energy. Electrical, gas and communications
lines are installed within the South 19th
Avenue right of way. A 10’-0” wide utility easement is
proposed along all street frontages. As required with Condition of Approval No. 7, all easements,
existing and proposed, must be accurately depicted and addressed on the final plat and in the
final plat application. n order to reduce conflicts between the utilities and the Mandeville Creek
watercourse, staff recommends Condition of Approval No. 8 to require that the ten foot front
yard utility easement along South 19th
Avenue be located on the east side of the existing
sidewalk along the corridor. All necessary utilities and required utility easements will be
provided and depicted accordingly on the final plat.
38.41.060.A.14 Educational Facilities
No significant impacts are identified. Supplemental information waived by the DRC. No
residential development is proposed.
38.41.060.A.15 Land Use
No significant impacts are identified. The proposed five lot subdivision is withinR-1, residential
single household and R-2, residential two household zoning districts and is designated as
residential in the Bozeman Community Plan. The anticipated use of the lots is for the
Yellowstone Theological Institute, which is classified as a community center. A concept review
has been processed by the Planning Division in anticipation of a master plan, site plan, and
conditional use permit for the further development of the campus.
38.41.060.A.16 Parks and Recreation Facilities
No significant impacts are identified. Supplemental information waived by the DRC. No
residential development is proposed; therefore no parkland dedication is required. Staff
recommends Condition of Approval No. 9 to note clearly that no parkland was dedicated with
this subdivision.
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A north/south trail corridor is proposed to meet block length standards. This is proposed as a
public access area and is planned to include a ten foot wide concrete shared use pathway. This
pathway will connect to the north to the Mandeville Creek city park corridor planned along the
watercourse that was approved with the South University District Master Plan. This north/south
pedestrian corridor and pathway satisfy the PROST Plan pathway requirement as shown on the
parks plan map. A ten foot shared use pathway is proposed consistent with the PROST plan on
the north side of Graf Street and will extend continuously from South 19th
Avenue to the existing
Graf Street location near South 3rd
Avenue. This shared use pathway will be located within the
right of way and have public access. Condition of Approval No. 10 is recommended which
requires the applicant to file a waiver of right to protest an SID for a parks maintenance district.
The Subdivision Subcommittee of the Parks and Recreation Advisory Board (RPAB) met to
review the project twice, first on January 7, 2015 and again in November, 2016. The board
recommended approval of the subdivision with recommendation to include a ten foot side shared
use pathway along South 19th
Avenue. The Engineering Division subsequently approved a six
foot sidewalk along South 19th
Avenue, which meets the arterial street standard in the City of
Bozeman Transportation Plan. That sidewalk along with the widening of South 19th
Avenue has
been completed. The north/south trail corridor proposed to meet block length standards will be a
continuous 10 foot wide concrete shared use pathway between Arnold Street and Graf Street.
This connection will provide a shared use pathway corridor that will connect to the main park
planned within the South University District along Mandeville Creek.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. No residential development is proposed.
38.41.060.A.18 Lighting Plan
No significant impacts are identified. A lighting plan was included in the subdivision application.
LED street lights are proposed along South 19th
Avenue and Graf Street according to
Engineering Standards. Follow up infrastructure design and permitting is required and listed
under the code provisions in Section 4.
38.41.060.A.19 Miscellaneous
No significant impacts are identified. 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
No impacts are identified. Supplemental information waived by the DRC. No residential
development is proposed; no affordable housing is proposed.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted. The applicant presented to the City a proposed preliminary plat for a minor
subdivision to allow the subdivision of one tract of approximately 78 acres into five lots and
dedicated rights-of-way.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application for Yellowstone Theological Minor
Subdivision was considered by the City Commission at a public meeting on December 12,
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 meeting 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 and indicated agreement with the recommended
conditions of approval.
E. The Commission requested public comment and none was presented.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her 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 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
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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 one (1) year from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this _______day of , 2017.
BOZEMAN CITY COMMISSION
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-1, Residential Single Household and R-2, Residential Two-
Household. The intent of the R-1 residential single-household low density district is to provide
for primarily single-household residential development and related uses within the city at urban
densities, and to provide for such community facilities and services as will serve the area's
residents while respecting the residential character and quality of the area.
The intent of the R-2 residential two-household medium density district is to provide for one-
and two-household residential development at urban densities within the city in areas that present
few or no development constraints, and for community facilities to serve such development
while respecting the residential quality and nature of the area.
Adopted Growth Policy Designation:
The property is designated as “Residential” in the Bozeman Community Plan. The Plan
indicates that “This category designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks, low
intensity home based occupations, fire stations, churches, and schools. High density residential
areas should be established in close proximity to commercial centers to facilitate the provision of
services and employment opportunities to persons without requiring the use of an automobile.
Implementation of this category by residential zoning should provide for and coordinate
intensive residential uses in proximity to commercial centers. The residential designation
indicates that it is expected that development will occur within municipal boundaries, which may
require annexation prior to development.”
APPENDIX B - NOTICING AND PUBLIC COMMENT
The public meeting before the City Commission has been properly noticed as required by the
Bozeman Municipal Code. 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 will make the final decision on the applicant’s
request.
A preliminary plat application was submitted to the Department of Community Development on
December 14, 2015 and was deemed acceptable for initial review on December 21, 2015. The
preliminary plat was reviewed by the DRC on December 30, 2015; January 6, 2016. On January
6, 2015, the DRC determined the application submittal inadequate for further review. A revised
application was submitted on September 16, 2016. On October 19, 2016 the DRC determined the
submittal contained detailed, supporting information that is sufficient and adequate to allow for
the review of the proposed subdivision.
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15574, Findings of Fact -Yellowstone Theological Institute Minor Subdivision Page 23 of 23
Public notice for this application was scheduled in the legal advertisements section of the
Bozeman Daily Chronicle on November 6, 2016 and the site was posted with a public notice on
November 7, 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 4, 2016. No public comment has been received as of the writing of this
report.
On December 1, 2016 this first 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 which is scheduled to make
a final decision at its December 12, 2016 public hearing. The final decision for a First Minor
Subdivision Preliminary Plat must be made within 35 working days of the date it was deemed
adequate; or in this case by December 12, 2016.
The Bozeman City Commission held a public meeting on Monday, December 12, 2016 to review
the application and hear public testimony. No public comment was received. The City
Commission discussed the proposed preliminary plat application in regards to the character of
the area and the intent of the subdivision and zoning district; and reviewed the application
against the requirements of the Montana Subdivision and Platting Act and found that, with
conditions, the Minor Subdivision Preliminary Plat Application would comply with those
requirements; and adopted the findings presented in the staff report for application 15574 and
voted to approved the preliminary plat application, with the conditions as outlined in the staff
report, 4:0. Commissioner Andrus was absent.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Karen Gilhousen 601 South Pine Butte Road Bozeman, MT 59718
Representative: Madison Engineering, LLC, 895 Technology Blvd, Suite 203, Bozeman, MT
59718
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this zone map amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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