HomeMy WebLinkAbout01-23-17 CC Mtg - A4. S. University District Phase 2 Minor Sub Prelim Plat16469, Staff Report for the South University District Ph. 2 Minor Subdivision Preliminary Plat
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16469, Staff Report for the South University District Phase 2 Minor
Subdivision Preliminary Plat
Public Hearing Date: City Commission meeting was continued from January 9, 2017 to January
23, 2017 at 6:00 pm.
Project Description: A subsequent minor preliminary plat application to allow the subdivision
of a 108-acre tract of record to create one lot for residential development, one restricted
development lot, and dedicate rights of way and parkland within the boundaries of the
South University District Master Plan.
Project Location: The property is legally described as Lot 3 of the South University District
Phase 1 Minor Subdivision, located in the SW ¼ of Section 13 and NW ¼ of Section 24,
Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
The property is zoned REMU (Residential Emphasis Mixed-Use District).
Recommendation: Approval with conditions and code provisions.
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 16469 and move to approve the South University District
Phase 2 Minor Subdivision Preliminary Plat with conditions and subject to all applicable
code provisions.”
Report Date: January 17, 2017
Staff Contact: Mitch L. WerBell, Assistant Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
As of January 17, 2017, the Department of Public Works has not received a final public street
easement signed by the associated landowner for the off-site section of South 11th
Avenue
adjacent to proposed Lot 1 of Block 2. Plat Correction G requires this provision of this easement
prior to preliminary plat approval to demonstrate the feasibility of the proposed street network.
The subdivision must include all perimeter streets pursuant to the Unified Development Code.
Staff will update the City Commission accordingly on the status of this issue at the January 23,
2017 public hearing.
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Project Summary
The Department of Community Development received a Preliminary Plat Application requesting
a subsequent minor subdivision from a 108-acre tract of record to create one 16.05-acre lot for
residential development, dedicate 3.32-acres of right of way and 14.05-acres of parkland, and
restrict a 74.87-acre remainder lot. This subdivision is a second or subsequent minor subdivision
from a tract of record and does not require Planning Board review. State statute requires a public
hearing before a City Commission decision.
At its November 30, 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.
The proposed subdivision and parkland dedication conform to the South University District
Master Plan and Parks Master Plan that the City Commission approved in 2012.
The subdivider did not request any subdivision or zoning variances with this application. Staff
did not receive any written public comment on the application as of the writing of this report.
One member of the public offered oral testimony at the January 9, 2017 City Commission
meeting. The final decision for a subsequent minor subdivision preliminary plat must be made
within 60 working days of the date it was deemed adequate; in this case by March 3, 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. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ............................................................................... 10
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ..................... 12
SECTION 5 – DRC ADVISORY COMMENTS ......................................................................... 14
SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 15
SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 16
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 16
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 18
Preliminary Plat Supplements ........................................................................................... 22
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 30
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 31
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 32
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 33
FISCAL EFFECTS ....................................................................................................................... 33
ATTACHMENTS ......................................................................................................................... 33
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan future land use
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Exhibit 3 – South University District Master Plan
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Exhibit 4 – Plat
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Exhibit 5 – Lot 1 of Phase 2 detail
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Exhibit 6 – Aerial
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances 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 subdivider is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The final plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision
Plats (24.183.1101 ARM, 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.
3. All necessary utility easements 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.
4. In accordance with the approved zoning entitlement called the “South University District
Master Plan,” the subdivider must complete one of the following two options prior to
final plat approval:
The subdivider must construct South 11th
Avenue from its current terminus to
Graf Street to allow a secondary emergency ingress and egress to the project
as well as improve the transportation network in this critical area. The City
strongly prefers this option;
OR,
The subdivider must construct Campus Boulevard from its current terminus to
South 19th
Avenue to allow a secondary emergency ingress and egress to the
project as well as improve the transportation network in this critical area. The
City will only consider the extension of Campus Boulevard if completion of
South 11th
Avenue is not a viable option.
5. If the subdivider chooses Campus Boulevard for construction prior to final plat approval,
the subdivider must provide a public street easement with the final plat to accommodate a
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roundabout at the intersection of South 17th
Avenue and Campus Boulevard in
accordance with the South University District Master Plan.
6. “Lot 3A” must be titled “Lot 2” as part of the South University District Phase 2 Minor
Subdivision.
7. The remainder Lot 2 of the South University District Phase 2 Minor Subdivision must be
platted as an undevelopable lot in accordance with Section 38.39.080.B.6 BMC, with the
following language placed on the 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 not subject to this restriction. This language must be placed on the face of the plat
or in a separately executed document to be recorded with the final plat:
“NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 2, of the
South University District Phase 2 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 this 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. THREREFORE, BE ADVISED, that Building
Permits will not be issued for Lot 2, of the South University District Phase
2 Minor Subdivision, City of Bozeman, Gallatin County, Montana until all
required on and off site improvements are completed and accepted by the
City of Bozeman. No building structure requiring water or sewer facilities
shall be utilized on this lot until this restriction is lifted. This restriction
runs with the land and is revocable only by further subdivision or the
written consent of the City of Bozeman.”
8. The final plat must label proposed “Park 1” as “City Park 1” as part of the South
University District Phase 2 Minor Subdivision.
9. The subdivider must plat proposed “Park 2” and “Park 3” as a single tract of record and
label the tract on the final plat as “City Park 2” as part of the South University District
Phase 2 Minor Subdivision. The warranty deed transferring ownership to the City of
Bozeman must include the same legal descriptions as shown on the final plat.
10. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not
the subdivider) must transfer ownership to the City of all dedicated parkland proposed to
be conveyed to the City and all its right, title, and interest in any improvements made to
such parkland or open space. For the transfer of real property, the subdivider or owner of
the property must submit with the application for final plat a warranty deed or other
instrument acceptable to the City Attorney transferring fee simple ownership to the City.
The subdivider or owner of the property must record the deed or instrument at the time of
recording of the final plat with the original of such deed returned to the City. For personal
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property installed upon dedicated parkland or City owned open space, the subdivider
must provide the City an instrument acceptable to the City Attorney transferring all its
rights, title and interest in such improvements including all applicable warranties to such
improvements. An executed realty transfer certificate must be provided along with any
deed.
11. The subdivider 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 has been satisfactorily addressed, and must include a .pdf digital
copy 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.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. Section 38.41.060.A.16, requires the submittal of a park plan with supplementary
information about park maintenance and irrigation information.
The final plat application must include updated park plan supplementary
information to show conformance with the existing South University District
Master Park Plan and include cost estimates of the future park improvements
required for installation prior to building occupancy on Lot 1 of Phase 2.
B. Section 38.23.100.A.1.f, requires a watercourse setback planting plan.
The watercourse setback planting plan must detail the current boundaries of the
wetlands area and the required number of plantings in conformance with this
section prior to final plat approval.
C. Section 38.23.060.E, requires public access easements for streets to be provided in
accordance with Articles 24 and 27.
The final plat application must provide a 35-foot wide public street easement
along the entire length of the southern boundary of Lot 2 for the future extension
of Arnold Street consistent with the South University District Master Plan for a
“Local Street + Pedestrian” street section, or the subdivider must eliminate the
proposed partial easement from the final plat, as Lot 2 will be subject to further
subdivision review. If the public street easement is provided, the subdivider must
include written approval from the underlying irrigation ditch access easement
holder with the final plat application.
D. Article 38.38,discusses the requirements for supplementary documents including property
owners’ association documents and covenants.
The South University District Covenants, Conditions and Restrictions filed with
the Gallatin County Clerk and Recorder’s Office does not include a written date
for expiration. The document must be amended to reflect the valid duration.
E. Section 38.23.180, states that the transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights shall be provided.
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The subdivider must pay CIL of water rights due prior to final plat approval, or if
deferred to a future site plan application, the plat must include a note regarding
building permit restrictions for lots that require payment of CIL of water rights.
The subdivider must review the CIL of water rights analysis provided by the
Engineering Division for this project and coordinate intended water use and
sources with the Engineering Division to finalize that analysis.
F. Section 38.24.060.B.4, requires all arterial and collector streets and intersections with
arterial and collector streets to operate at a minimum level of service "C" unless
specifically exempted.
Section 38.24.060.B.4.b, gives the review authority discretion to grant a waiver from a
LOS of less than “C” at a specific intersection.
The intersections of South 7th
Avenue and Kagy Boulevard and South 11th
Avenue
and Kagy Boulevard are within one half-mile of the proposed project and are
identified as operating at a level of service (LOS) less than “C” in the City’s
recent master planning document and per the traffic impact study for the future
design condition. Per the section, the subdivider submitted a request to the
Director of Public Works for a waiver of the intersection LOS requirement. The
Director of Public Works granted the LOS waiver prior to preliminary plat
approval. The waiver is valid for the initial entitlement period of the subdivision
and applies only to the real property described as Lot 3 of the South University
District Phase 1 Minor Subdivision.
G. Section 38.23.060.A, states that 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 subdivider must provide an off-site public street easement signed by all
property owners of record for South 11th
Avenue adjacent to Lot 1 of Phase 2 to
the Department of Public Works prior to preliminary plat approval to verify
feasibility of the proposed street network.
The subdivider must provide separate easements for public infrastructure not
located in dedicated rights of way prior to final plat approval, or the final plat
must indicate the utility easements.
H. Section 38.23.070.A.1, states that the developer shall install complete municipal water
and sanitary sewer system facilities, or a system allowed by 38.21.030.D, and may be
required by the City to install municipal storm sewer system facilities. These systems
shall be installed in accordance with the requirements of the state Department of
Environmental Quality and the City, and shall conform to any applicable facilities plan.
The City's requirements are contained in the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard
Specifications, and by this reference these standards are incorporated into and made a
part of these regulations. The developer shall submit plans and specifications for the
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proposed facilities to the City and to the state department of environmental quality and
shall obtain their approvals prior to commencing construction of any municipal water,
sanitary sewer or storm sewer system facilities.
The subdivider must construct the off-site sanitary sewer improvements to the
property as outlined in the application prior to final plat approval.
The plans note a number of 12-inch storm sewer mains for public dedication. A
12-inch storm sewer main does not comply with City standards. The subdivider
must provide minimum 15-inch storm sewer mains in accordance with the City of
Bozeman Design Standards and Specifications Policy.
I. Section 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.
The proposed parking lane width on S. 14th
Avenue must be increased from seven
feet to eight feet to accommodate the bike lane and promote safety for bicyclists
on this street where cyclists have priority. The City will accept a reduction in the
boulevard width to accommodate this change. The subdivider must indicate the
adjusted street section in the application prior to final plat approval.
SECTION 5 – DRC ADVISORY COMMENTS
I. All notes, restrictions and conditions of approval must be relocated from the plat and
transferred to the final plat conditions of approval sheet.
II. The final plat must note existing right of way widths in accordance with the ARM rules
for final subdivision plats.
III. The certificate of completion must be properly updated to list all completed and accepted
improvements and financially guaranteed improvements prior to final plat approval.
IV. The subdivider must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the
proposed project, and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
must be obtained by the subdivider and provided prior to final plat approval.
a. It is specifically noted that the subdivider’s wetlands delineation has expired per
the five-year limitation required by the Corps of Engineers.
b. The subdivider must demonstrate DNRC approval of the proposed exempt wells
for irrigation prior to final plat approval. This relates to Plat Correction E.
V. Plans and Specifications for water and sewer main extensions, streets, and stormwater
improvements, prepared and signed by a professional engineer (PE) registered in the
State of Montana shall be provided to and approved by the City Engineer. Water and
sewer plans shall also be approved by the Montana Department of Environmental
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Quality. The subdivider 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.
VI. The City Engineering Department will review sizing and extent of the off-site sanitary
sewer main extension with the subdivider’s engineer, as these may need to be altered
relative to what is indicated in the preliminary plat submittal. Additional sanitary sewer
capacity analysis is needed to verify main sizing, particularly for the main on W. Lincoln
Street. Where necessary, sanitary sewer main sizes must be increased to accommodate
additional sanitary sewer demands.
VII. The Conditions of Approval for the South University District Master Site Plan outlined in
the approval letter dated April 17, 2012 apply to this project.
VIII. The City will accept ownership of the following improvements and will maintain these
improvements in perpetuity, which must be called out on the Certificate of Consent and
Dedication:
a. South 11th
Avenue and associated stormwater sanitary sewer mains in the
dedicated right of way;
b. South 14th
Avenue and associated stormwater sanitary sewer mains in the
dedicated right of way;
c. Campus Boulevard and associated stormwater sanitary sewer mains in the
dedicated right of way;
d. All water mains;
e. All sanitary sewer mains.
SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS
Project Name: South University District Phase 2 Minor Subdivision Preliminary Plat
File: 16469
The Development Review Committee (DRC) reviewed the proposed minor subdivision
preliminary plat application on November 30, 2016 and determined the application submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision; and as a result, found that the application, with the recommended
conditions of approval and required plat corrections, is in compliance with the adopted growth
policy, the Montana Subdivision and Platting Act and the Unified Development Code.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a City Commission decision.
The City Commission continued the public hearing on this minor subdivision preliminary plat on
January 9th
to January 23, 2017. The public meeting will be held at 121 N. Rouse Avenue,
Bozeman. The meeting will begin at 6 p.m.
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Having reviewed the application against the criteria established for a minor subdivision, Staff
recommends conditional approval as submitted.
SECTION 7 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report 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 was prepared in accordance with the surveying and monumentation
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 subdivider is advised that unmet code provisions, or code
provisions not specifically listed as a condition of approval, do not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all
municipal standards. Therefore, upon satisfaction of all conditions and code corrections the
subdivision will comply 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 Bozeman City Commission public hearing was properly noticed in accordance with 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 subdivider’s
request.
The Department of Community Development received a preliminary plat application on
November 1, 2016. Staff deemed the application acceptable for initial review in writing on
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November 9, 2016. The DRC reviewed the preliminary plat application on November 30, 2016
and determined the submittal contained detailed, supporting information that was sufficient to
allow for the continued review of the proposed subdivision. On December 7, 2016, Staff
provided the subdivider with written comments in addition to summary conditions and code
corrections identified by the DRC.
Staff scheduled public notice for this application on December 14, 2016 for publication in the
legal advertisements section of the Bozeman Daily Chronicle on Sunday, December 18, 2016.
Staff posted public notice on the subject property on December 16, 2016. Staff sent public
notice to physically adjacent landowners via certified mail, and to all other landowners of record
within 200-feet of the subject property via first class mail, on December 15, 2016. No public
comment had been received on this application as of the writing of this report.
On December 21, 2016, Staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat application with a recommendation of conditional approval by the
Director of Community Development for consideration by the City Commission, which was
scheduled to make a final decision at its January 9, 2017 public hearing. The City Commission
formally continued the public hearing on this application from January 9th
to January 23, 2017.
The City Commission must make a final decision on a subsequent minor subdivision preliminary
plat within 60 working days of the date the application was deemed adequate; or in this case by
March 3, 2017.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development Staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application appears to comply with the Unified Development Code and all
other relevant regulations. This report includes Conditions of Approval and code provisions
requiring plat corrections as recommended by the DRC for consideration by the City
Commission to complete the application processing for final plat approval. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. As
detailed under the Subdivisions Review Criteria No. 2 above, required by Section 38.23.060.A.
and recommended as Condition of Approval No. 5, all easements, existing and proposed, must
be accurately depicted and addressed on the final plat and in the final plat application.
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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
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat. Plat Correction G requires
the subdivider to demonstrate the feasibility of the proposed street network to the Department of
Public Works by providing a public street easement for South 11th
Avenue adjacent to proposed
Lot 1 of Phase 2 signed by all property owners of record. The plat notes the access from South
11th
Avenue. Condition of Approval No.4 recommends the requirement for the subdivider to
construct South 11th
Avenue or Campus Boulevard prior to final plat to provide secondary
emergency ingress and egress to the subdivision as allowed by Section 38.24.010.A.8.The City
park parcels will front on South 14th
Avenue. As recommended in site-specific Condition of
Approval No. 10, the landowner must provide an acceptable instrument transferring the park
parcels to the City with the final plat application.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subsequent minor subdivision will not significantly impact agriculture. The City of
Bozeman Community Plan designates the subject property as a residential emphasis mixed use
area and the property’s REMU zoning allows for residential and commercial development. The
property falls within the boundaries approved for development in South University District
Master Plan and a residentially-developed block exists to the direct north of proposed Lot 1 of
Phase 2. The South University District previously went through subdivision review and approval
and the Development Review Committee (DRC) evaluated agricultural effects at that time.
Agricultural uses remain to the west on an unannexed parcel, to the south on a different
landowner’s property and on the proposed restricted development lot within this subdivision.
Staff properly noticed all adjoining landowners. The agricultural uses on the proposed restricted
development lot will likely continue until the time of future subdivision review and site
development.
2) The effect on Agricultural water user facilities
This subsequent minor subdivision will not significantly impact agricultural water user facilities.
The growth policy and zoning designate this property for residential development and the
property has been partially developed as such. A well (GWIC Id: 285793) currently provides
irrigation for the existing park. In addition, the Middle Creek Ditch Company may possess water
rights appurtenant to the land proposed for subdivision and the subject landowner holds a share
of the Middle Creek Ditch Company. The City Engineering and Water Conservation Divisions
encourage the subdivider to explore options for using the landowner’s share of the water right to
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irrigate the proposed parkland and residential parcel or potentially transfer the share to the City
for credit against required cash in-lieu of water rights or a direct payment of cash.
A Montana State University irrigation ditch lies within the future right of way for South 11th
Avenue. Staff learned that this irrigation ditch is likely a jurisdictional waterway. The U.S. Army
Corps of Engineers makes formal jurisdictional determinations on waterways. If a jurisdictional
determination shows the ditch classification as a “water of the U.S.” subject to the Clean Water
Act, additional permitting may be required at the discretion of the U.S. Army Corps of
Engineers. This irrigation ditch must be piped or relocated to accommodate future street
expansion to allow for the proper street alignment identified by the Engineering Division. Staff
advised the subdivider to provide all necessary permits to the City for piping or relocation.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, South
11th
Avenue and Campus Boulevard. The subdivider plans for intensive residential development
on proposed Lot 1 of Phase 2. The planned residential development requires significant capital
facility extensions to mitigate the anticipated impacts from development. The subdivider
proposes to extend water and sewer mains to the proposed residential lot. The existing
downstream sanitary sewer mains do not have adequate capacity to serve the subdivision. The
subdivider proposes to construct an off-site capacity expansion sewer main along Willow Way
from West Lincoln Street to Kagy Boulevard in accordance with the City’s Wastewater
Collection Facilities Plan Update. This trunk main will extend south through the proposed
restricted development lot and future South 14th
Avenue right of way. The subdivider proposes
connecting an eight inch sewer main from Campus Boulevard to the new trunk main to the west
to accommodate future development. The City will review the final layout of on-site water and
sewer mains during the site plan development review stage for Lot 1 of Phase 2. The plat
corrections note this requirement.
Future development will require additional capital facility improvements to support future uses
on the undeveloped large western parcel in the South University District. The subdivider
proposes platting this 74.87-acre parcel as an undevelopable lot in accordance with Section
38.39.080.B.6. Recommended site-specific Conditions of Approval No. 6 and No. 7 address this
matter and detail the labeling requirements for the final plat.
Streets – The proposed subsequent minor subdivision necessitates an additional street extension
to provide secondary emergency ingress and egress to proposed Lot 1 of Phase 2 to mitigate
future impacts from the planned high-density residential development. The City is currently
constructing Graf Street from Macnab Street to South 19th
Avenue with a stub for a future South
11th
Avenue connection. The City’s capital improvement plan (CIP) includes an item in Fiscal
Year (FY) 2018 to complete South 11th
Avenue from Kagy Boulevard to Graf Street, which may
be constructed in conjunction with the South University District Phase 2 subdivision to provide a
more efficient project than if South 11th
were constructed in several phases. This will reduce the
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long-term cost to construct South 11th
Avenue by eliminating multiple construction mobilization
costs, obtaining an improved economy of scale and obtaining the local share contribution of
South 11th
Avenue from the South University District development.
South 11th
Avenue is a critical north-south connection in the City’s street grid. Construction of
South 11th
Avenue will provide an alternate route into the Montana State University campus
from the southern portion of the City and subsequently reduce the current demand on portions of
Kagy Boulevard. An alternate route will serve not only vehicular traffic, but will also include
improved facilities and safety for pedestrians and cyclists. Currently, few options exist for north-
south travel south of Kagy Boulevard. In addition, the City expects substantial construction
traffic associated with the South University District Phase 2 project. Construction traffic must be
routed around campus to the project site to limit impacts to traffic on Kagy Boulevard and
improve the safety of pedestrian and bike traffic on campus. Extension of the street network may
reduce impacts on the transportation system from game day traffic to and from Montana State
University.
If the City is unable to acquire the necessary right of way for the extension of South 11th
Avenue,
Campus Boulevard must be constructed from its current terminus to South 19th
Avenue to
provide secondary emergency ingress and egress to the subject property and reduce construction
traffic and projected residential traffic impacts. The DRC recommended site-specific Conditions
of Approval No. 4 and No. 5 to address transportation impact mitigation options.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
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. The City will review addressing
of future residential buildings during site plan review. The construction of South 11th
Avenue or
Campus Boulevard will improve emergency response times.
Stormwater – The subsequent minor subdivision will not significantly impact stormwater
infrastructure. The subdivider proposes publicly dedicated extensions of storm sewer mains,
which will tie into existing mains. The existing mains convey stormwater to retention ponds,
which were oversized and installed with the South University Phase 1 Minor Subdivision. The
retention ponds have adequate capacity to accept new flows from this proposed subdivision and
future site development. The plans indicate the publicly dedicated mains as 12-inch in diameter.
The subdivider must correct the stormwater infrastructure plans to show 15-inch mains in
accordance with the City of Bozeman Design Standards and Specifications Policy. The City has
a standard requirement for a detailed review of the final grading and drainage plan, and approval
by the City Engineer, as part of the infrastructure plan and specification review process prior to
final plat approval. The plat corrections note this requirement.
Parkland – Minor subdivision does not require parkland dedication. A large City park easement
exists to the west of the proposed Lot 1 of Phase 2, provided in excess by the Phase 1 subdivider
to bank parkland for future South University District phases. The Phase 1 (Stadium View
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Apartments) developer used a potion of the existing acreage total towards the required minimum
parkland dedication for that development. With this plat, the subdivider proposes to dedicate
those 14.05 acres currently protected for public use under the existing public park easement. The
final plat will memorialize the optional land dedication by acreage with a tracking table on the
conditions of approval sheet but will not offer an entitlement for required parkland for Phase 2
buildings. The parkland transfer will simply deed the existing parkland protected by easement to
the City. The City will review any future site plan submittal against the parkland dedication
standards found in the Unified Development Code and confirm that the proposal meets
regulations prior to any zoning entitlement. Recommended site-specific Conditions of Approval
No. 8, No. 9 and No. 10 address procedural real property transfer and plat labeling requirements
for the parkland.
In 2012, the City Commission approved a parks master plan with the South University District
Master Plan. The South University District Parks Master Plan details park phases and park
improvement review occurring with site plan development for subsequent phases in the South
University District. The subdivider proposes to formally transfer the existing parkland by deed to
the City of Bozeman. The subdivider must provide additional supplementary information for
park improvement cost estimates and watercourse setback planting prior to final plat. At the site
development stage, documentation and acceptance of all installed off-site park improvements
must occur prior to building occupancy as required in 38.27.080.A.
4) The effect on the Natural environment
The subsequent minor subdivision will not significantly impact the natural environment. No
significant physical or topographical features (e.g., outcroppings, geological formations, steep
slopes) were identified on the subject property. Mandeville Creek bisects the South University
District through the park. The subdivider does not propose any construction that will impact
Mandeville Creek other than the crossing of the stream for the extension of Campus Boulevard.
The Unified Development Code mandates a watercourse setback planting plan that will aid in
bank stabilization, sediment nutrient and pollution removal, and flood control. The Code also
requires the subdivider to contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) for the
construction of the proposed streets. The subdivider must obtain any required permits and
provide them prior to any construction of the infrastructure.
5) The effect on Wildlife and wildlife habitat
The subsequent minor subdivision will not significantly impact wildlife and wildlife habitat. The
property falls within a master planned area identified for residential development in close
proximity to a large urban area. Past agricultural uses limited the amount of wildlife and wildlife
habitat on the property. The wetlands host the most significant wildlife on the property. The
wetland areas lie within the park and those areas are protected by existing vegetation. No
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construction is proposed that impacts wetlands. The installation of additional wetland shrub and
tree plantings will help mitigate any additional impacts from future development.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required plat corrections, the subsequent
minor subdivision will not significantly impact 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 DRC reviewed the subsequent minor subdivision preliminary plat and
determined that it is in compliance with the title. This staff report notes all other conditions
deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against
the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA). As a result, the
Department of Community Development reviewed this application against the listed criteria and
further provides the following summary for submittal materials and requirements.
Staff routed application materials with a request for comments during the pre-application plan
review to the following entities: Montana Department of Transportation (MDT), Gallatin Valley
Land Trust and the Middle Creek Ditch Company. Staff received comments from MDT on the
proposed minor subdivision. Staff provided these comments to the subdivider and attached them
to this report. This report includes findings to justify the recommended site-specific Conditions
of Approval for reasonable mitigation of impacts from the proposed minor subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on April 13, 2016. With the pre-application plan review application, the subdivider
requested waivers from Section 38.41.060 “Additional Subdivision Preliminary Plat
Supplements” for several of the standard preliminary plat supplements.
The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-
application plan review application for: 2) floodplains; 3) groundwater; 8) agriculture; 14)
educational facilities; 19) miscellaneous; and 20) affordable housing.
The DRC did not grant waivers for: 1) surface water; 4) geology-soils-slopes; 5) vegetation; 6)
wildlife; 7) historical features; 9) agricultural water user facilities; 10) water and sewer; 11)
stormwater management; 13) utilities; 15) land use; 16) parks and recreation facilities; 17)
neighborhood center; 18) lighting plan; and 20) 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
This subsequent minor subdivision will not significantly impact surface water. Surface water
exists on the subject property. Mandeville Creek runs through the middle of the South University
District and is largely contained within the existing parkland. The proposed subdivision will not
impact the surrounding wetlands. As the South University District continues to develop,
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additional parkland dedication will protect the creek and wetlands areas in conformance with the
approved master plan.
A Montana State University irrigation ditch lies on the eastern edge of the property and bisects
the location of the planned extension of South 11th
Avenue. This irrigation ditch must be piped or
relocated to accommodate future street expansion. The DRC advised the subdivider to obtain and
provide any necessary ditch mitigation permits.
38.41.060.A.2 Floodplains
The DRC did not identify any significant impacts to floodplains and waived supplemental
information. No mapped 100-year floodplains impact the subject property. Mandeville Creek
does not pose a flooding threat for the developable lots due to a small drainage basin at this
property, and the large surrounding park area.
38.41.060.A.3 Groundwater
The DRC did not identify any significant impacts to groundwater and waived supplemental
information. Groundwater was initially monitored during the summer of 2011 for this property.
Groundwater monitoring wells cumulatively located groundwater between 13-feet deep and less
than 1-foot deep in the wetlands. The depth of high groundwater near the proposed Lot 1 of
Phase 2 varied between 6-feet to 13-feet deep. The survey did not find areas of high groundwater
around lots proposed for development within the master plan. In addition, recent data indicates
that groundwater has receded around the subject property.
One existing well (GWIC Id: 285793) provides park irrigation. The subdivider must provide well
information including flow rate data from the Montana Department of Natural Resources and
Conservation to the City Engineering Division for projected water use calculations to aid in the
required cash in-lieu of water rights analysis and determination.
38.41.060.A.4 Geology, Soils and Slopes
This subsequent minor subdivision will not significantly impact the geology, soils or slopes. The
subdivision application includes a geotechnical report conducted for the property in August of
2011. The property exhibits soil characteristics consistent with the surrounding Bozeman area.
No significant geologic or topographic features exist on the property. Future development will
necessitate the submittal of a site-specific soil analysis and geotechnical evaluation for building
foundation engineering.
38.41.060.A.5 Vegetation
This subsequent minor subdivision will not significantly impact vegetation. Past agricultural uses
significantly changed the vegetation found on the property. The proposed Lot 1 of Phase 2
consists of heavily tilled soil and grasses. The wetlands along Mandeville Creek exhibit the most
critical plant communities. The park preserves the wetlands from development. The subdivider
provided a Noxious Weed Management Plan to identify mitigation measures for noxious weeds.
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Prior to final plat approval, the subdivider must provide a watercourse setback planting plan
identifying any additional required plantings. The plat corrections note this requirement.
38.41.060.A.6 Wildlife
This subsequent minor subdivision will not significantly impact wildlife. The property falls
within a master planned area identified for residential and commercial development. Proximity
to an urban area and past agricultural uses limit the amount of wildlife on the property.
Occasionally deer and small mammals visit the property, as is common in the Bozeman area.
However, the area is generally less desirable to wildlife. The protected wetlands host the most
significant wildlife on the property. The 50-foot watercourse setback along the Mandeville Creek
watercourse and wetlands will protect any riparian environment already established on the
property. Staff contacted the Montana Department of Fish Wildlife and Parks during subdivision
review of previous South University District phases but did not receive any comment.
38.41.060.A.7 Historical Features
This subsequent minor subdivision will not significantly impact historical features. Anthro
Research, Inc. conducted a Cultural Resource Evaluation in April of 2012 prior to the initial
annexation of the South University District to the City. The study found that no significant
cultural, historic or archaeological features exist on the subject property. The subdivider
provided a copy of the study with the preliminary plat application materials.
38.41.060.A.8 Agriculture
The DRC did not identify any significant impacts to agriculture and waived supplemental
information. The Bozeman Community Plan, municipal zoning and South University District
Master Plan designate the subject property for development. Agricultural uses historically
existed on the property but ceased in areas of planned development. Agricultural uses remain to
the west on an unannexed parcel and to the south of the proposed subdivision. Staff properly
noticed the adjoining landowners of record. Some agricultural use occurred on the proposed
restricted development lot during the summer of 2016. However, Staff anticipates the remaining
agricultural uses will cease as the South University District continues to develop with subsequent
subdivisions and site development.
38.41.060.A.9 Agricultural Water User Facilities
This subsequent minor subdivision will not significantly impact agricultural water user facilities.
As noted above in the 76-3-308, MCA Primary Subdivision Review Criteria, agricultural water
user facilities exist in conjunction with the subject property. The Middle Creek Ditch Company
historically possessed water rights appurtenant to the land proposed for subdivision. The current
landowner holds a share of the ditch company. In addition, a groundwater well supplies irrigation
water for the existing park. Section 38.23.180 requires the transfer of water rights or cash in-lieu
with annexation, subdivision and site development. The Department of Public works encouraged
the subdivider to explore options for using the water right share to irrigate the park and future
on-site landscaping in exchange for a credit against anticipated cash in-lieu of water rights
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requirements. As an alternative, the Department of Public Works expressed an interest in
acquiring the water right share for municipal use in exchange for a cash in-lieu credit or cash
payment. Due to the significant anticipated water demand to serve the planned high-density
residential development, Staff anticipates a large cash in-lieu payment to mitigate the costs of
new municipal water appropriations.
A Montana State University irrigation ditch lies on the eastern edge of the subject property. The
current location of the ditch necessitates piping or relocation to accommodate the future
extension of South 11th
Avenue. The DRC put the subdivider on notice to obtain all required
permits and submit verification to the City to accommodate the required piping or relocation of
the irrigation ditch.
38.41.060.A.10 Water and Sewer
The planned future residential construction requires the expansion of the municipal water system
to serve the new lots in accordance with Section 38.23.070.A.1, the South University District
Master Plan and the Montana Department of Environmental Quality. This subdivision
application includes an extension of the 12-inch water main under South 11th
Avenue with stubs
for main extensions to future South University District phases. A 12-inch water main lies in the
Campus Boulevard right of way. The plat corrections note the requirements. The Engineering
Division will review the final water infrastructure layout for proposed Lot 1 of Phase 2 during
the site plan review process. The new municipal water facilities will include nine fire hydrants at
one-block intervals in the perimeter streets around the South University District Phase 2. The
application also indicates two future internal hydrants for fire protection on the looped mains
internal to Lot 1 of Phase 2 for later installation during the site plan stage.
As noted above, the Bozeman Municipal Code requires water rights or cash in-lieu for
annexation, subdivision and site development pursuant to Section 38.23.180. The projected water
demands will likely require a substantial cash in-lieu payment to offset the future intensive
residential development. The proposal necessitates accurate calculations for water demands for
Phase 2 of the South University District. A significant period of water meter records may not yet
exist for the Phase 1 project (Stadium View Apartments). Vacancy rates affect per capita demand
per residential occupant. Due to the variables in calculating projected water demand based on
comparable developments, the City may require a separate agreement to track actual water usage
for a period of time following future Phase 2 building occupancy. Staff determined the
appropriate time to require cash in-lieu of water rights payment is prior to site plan approval. The
subdivider must record a deed restriction on proposed Lot 1 of Phase 2 to put all landowners on
notice of the requirement of cash in-lieu of water rights payment prior to development approval.
This staff report includes a memorandum from the City Engineering Division regarding water
rights in the Attachments section.
The subdivider must upgrade associated downstream sanitary sewer mains prior to final plat
approval to ensure adequate capacity for future increased flows in accordance with the City’s
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Wastewater Collection Facilities Plan Update, Section 38.23.070.A.1, and the regulations of the
Montana Department of Environmental Quality. The downstream municipal sanitary sewer
mains do not have adequate capacity to accept new flows. The application includes a Sewer
Main Extension Engineer’s Report proposing the construction of a capacity expansion 10-inch
off-site sanitary sewer main from West Lincoln Street to Kagy Boulevard. This trunk line will
extend south along Willow Way and up through the proposed restricted development lot and
future South 14th
Avenue right of way. The subdivider proposes connecting an 8-inch sewer
main with stubs from Campus Boulevard to the new trunk main to the west to accommodate
planned development on Lot 1 Phase 2 and subsequent phases of the South University District.
The plat corrections note the requirements. The City will review the final on-site sanitary sewer
facility layout during the site plan development review stage for Lot 1 of Phase 2.
38.41.060.A.11 Stormwater Management
The planned future residential construction requires the expansion of municipal storm sewer
facilities to serve the new lots in accordance with Section 38.23.070.A.1, the South University
District Master Plan and the Montana Department of Environmental Quality. The park hosts two
large stormwater detention facilities, which were oversized and installed with Phase 1 of the
South University District with the anticipation of future development. The application includes a
Storm Drainage Engineer’s Report, which proposes the installation of new storm sewer mains in
Campus Boulevard which will transport surface runoff to the existing detention basins. The
analysis accounts for the future Phase 3, with improvements scheduled for construction prior to
the final plat approval of Phase 2. The application notes several dedicated 12-inch mains. The
City of Bozeman Design Standards and Specifications Policy requires 15-inch storm sewer
mains. The plat corrections note this requirement.
The City Engineering Division will review the on-site storm sewer mains prior to site plan
approval. Future on-site mains will connect to the facilities proposed for construction prior to
final plat approval of this subdivision.
38.41.060.A.12 Streets, Roads and Alleys
This subdivision requires the expansion of the municipal street and sidewalk network to
accommodate the planned future residential development. The approved South University
District Master Plan provides the planned transportation system for the district. The final plat
will provide dedicated right of way for perimeter streets and other street easements in
conformance with the master plan. The plans propose traffic calming bulbs at street intersections
to provide reduced speeds, shorter crosswalks and better sighting of pedestrians entering the
crosswalks.
This preliminary plat application includes a Traffic Impact Study (TIS) prepared by Marvin &
Associates on October 25, 2016. The study found that the anticipated vehicular and pedestrian
traffic generated by future residential development of Lot 1 of Phase 2 will amplify existing
capacity deficiencies at the intersections of South 7th
Avenue and Kagy Boulevard and South 11th
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Avenue and Kagy Boulevard. South 11th
Avenue south of Kagy Boulevard will likely see up to a
256% increase in total traffic impacts according to the report. The TIS identifies the intersection
of South 7th
Avenue and Kagy Boulevard as operating at a level of service (LOS) of less than
“C” and located within one half-mile of the proposed subdivision. The City’s most recently
adopted transportation impact fee capital improvement plan (CIP) found that the LOS on Kagy
Boulevard has “degraded far beyond what is acceptable. Peak hour backups are now stretching
across the entire corridor between 19th
and Willson, affecting adjacent roadways and the overall
performance of the network.” Under project number SIF130, the City plans to add interim
capacity to these intersections and adjacent roadways during Fiscal Year (FY) 2018 until a full
reconstruction of Kagy Boulevard occurs. Pursuant to Section 38.24.060.B.4.b, the subdivider
submitted a request to the Director of Public Works for a waiver from the LOS requirements at
these intersections. The Director of Public Works approved the waiver request based on the
provided information and findings in accordance with 38.23.060.B.4.b.
The proposed subdivision necessitates the extension of an adjacent roadway for secondary
emergency ingress and egress to serve Lot 1 of Phase 2. Given the anticipated number of
residents, there must be two points of egress from the site in case of a fire or other emergency.
Kagy Boulevard, a principal urban arterial is an important element of the City’s perimeter street
system and is currently the southernmost complete east-west connection. New development in
the area will compound existing transportation delays. The City anticipates the completion of the
Graf Street extension from Macnab Street to South 19th
Avenue in 2017. No significant north-
south connections exist between South 19th
Avenue and South 3rd
Avenue. The South University
Master Plan details future extensions of both Campus Boulevard and South 11th
Avenue with
associated street section designs to add critical connectivity to the City’s transportation grid.
Construction of South 11th
Avenue will provide an alternate route into the Montana State
University campus from the southern portion of the city and subsequently reduce the current
demand on portions of Kagy Boulevard. The alternate route will serve not only vehicular traffic,
but will also include improved facilities and safety for pedestrians and cyclists. The City’s CIP
includes project SIF130 in FY18 to complete South 11th
Avenue from Kagy Boulevard to Graf
Street, which may be constructed in conjunction with the South University District Phase 2
subdivision to provide a more efficient project than if South 11th
were constructed in several
phases. This will reduce the long-term cost to construct South 11th
Avenue by eliminating
multiple construction mobilization costs, obtaining an improved economy of scale and obtaining
the local share contribution of South 11th
Avenue from the South University District
development. The City anticipates significant construction traffic associated with the South
University District project. Construction traffic must route around campus to the project site to
limit impacts to traffic on Kagy Boulevard and improve the safety of pedestrian and bike traffic
on campus. The subdivider must provide all necessary off-site public street easements for South
11th
Avenue adjacent to proposed Lot 1 of Block 2 to the Department of Public Works. The plat
corrections note this requirement.
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The extension of South 11th
Avenue or Campus Boulevard will provide secondary emergency
ingress and egress to Lot 1 of Phase 2, a detour route for future Kagy Boulevard construction,
and a construction traffic route for Phase 2 of the South University District, and will improve
emergency responses times. In addition, the construction of either street may reduce impacts on
the transportation system from game day traffic to and from Montana State University. The
recommended site-specific Condition of Approval No. 4 addresses the requirement for the
completed extension of either South 11th
Avenue or Campus Boulevard prior to final plat
approval at the discretion of the subdivider. The subdivider must demonstrate all necessary off-
site public street easements to accommodate the construction of South 11th
Avenue or Campus
Boulevard prior to final plat approval. The City strongly prefers the extension of South 11th
Avenue.
The proposed preliminary plat does not indicate an easement for a roundabout at the future
intersection of South 17th
Avenue and Campus Boulevard. If the subdivider chooses to construct
Campus Boulevard to provide secondary access, the subdivider must construct the street in
accordance with the approved South University District Master Plan. The recommended site-
specific Condition of Approval No. 5 addresses this requirement.
The proposed preliminary plat shows a seven foot wide parking lane along South 14th
Avenue.
The plans must demonstrate an increase of the parking lane to eight feet wide to accommodate
the bicycle lane and promote safety for bicyclists on this street, where bicyclists have priority.
The plat corrections note the requirement to update the street section prior to final plat approval.
The proposed preliminary plat shows a partial 30-foot wide public street easement for the future
extension of Arnold Street. The South University District Master Plan designates Arnold Street
as a “Local + Pedestrian” street section with a 70-foot right of way including a 10-foot wide
pedestrian pathway. In conformance with the approved master plan, the subdivider must provide
a 35-foot wide easement for future Arnold Street extension from South 11th
Avenue to South 19th
Avenue. The City did not receive written approval from the underlying irrigation ditch access
easement holder. The subdivider must submit written approval from the easement holder to
indicate the full public street easement, or the subdivider must eliminate the proposed easement
from the final plat, as Lot 2 will be subject to further subdivision review. The plat corrections
note this requirement.
As required in Section 38.24.080, perimeter sidewalks must be constructed along all street
frontages prior to final plat approval or must be financially guaranteed for a period not to exceed
three years.
38.41.060.A.13 Utilities
This subsequent minor subdivision will not significantly impact utilities. The plat indicates a 10-
foot wide utility easement along all street frontages. As recommended in site-specific Condition
of Approval No. 3, all easements, existing and proposed, must be accurately depicted and
addressed on the final plat and in the final plat application. With the recommended condition and
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code requirements, the plat will provide and depict all necessary utilities and required utility
easements.
38.41.060.A.14 Educational Facilities
The DRC did not identify any significant impacts to educational facilities and waived
supplemental information. Future development will provide additional housing units, which will
likely be utilized by students, educators and professionals at Montana State University. The City
expects minimal to nonexistent impacts to the Bozeman Public School District #7.
38.41.060.A.15 Land Use
The DRC did not identify any significant impacts to land use and waived supplemental
information. The proposed subdivision complies with the existing zoning designation of REMU,
(Residential Emphasis Mixed-Use District) and the approved South University District Master
Plan.
38.41.060.A.16 Parks and Recreation Facilities
This subsequent minor subdivision will not significantly impact parks and recreation facilities.
The Bozeman City Commission approved a complete parks master plan with the South
University District Master Plan. The City Commission granted a zoning variance for the South
University District Parks Master Plan to allow the park street frontage below the minimum of 50
percent as required by code, due to the phased nature of the development and the location of
Mandeville Creek, which bisects the entire district.
Minor subdivisions do not require the dedication of parkland or cash in-lieu of land dedication.
However, the South University District Phase 1 Minor Subdivision provided a 9.38-acre park
easement. The completion of the Phase 1 park resulted in 4.66-acres of improved parkland after
netting out the wetlands, watercourse setbacks and stormwater detention facilities. An additional
3.86-acres of improved parkland proposed with Phase 2 will result in a total of 10.59-acres of
improved parkland. The application includes a parkland tracking table which the final plat
conditions of approval sheet will depict. The recommended site-specific Conditions of Approval
No. 8, No. 9 and No. 10 outline the labeling, monumentation and procedural requirements for the
formal dedication of the parkland to the City with the final plat application. While this minor
subdivision does not require the dedication of parkland, the subdivider must submit additional
information including cost estimates of future park improvements to show conformance with the
approved parks master plan prior to final plat approval. The original South University District
wetlands delineation expired. Staff met with the subdivider and learned that a new wetlands
delineation was completed and the final plat application will include the updated data. The
subdivider must update the watercourse setback planting plan to reflect the current wetland
boundaries. The plat corrections note these requirements. Staff does not anticipate any impacts to
the existing wetlands and watercourse setback areas.
The DRC will review a future site plan for conformance with all applicable parkland and
residential open space requirements prior to plan approval. The subdivider or other site developer
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must install future park improvements prior to the occupancy of any building on Lot 1 of Phase
2.
38.41.060.A.17 Neighborhood Center Plan
The proposal conforms to the South University District Master Plan. The South University
District Master Plan calls out the large central park as the neighborhood center for the entire
district. This proposed subdivision will formally dedicate 14.04-acres of land yielding 10.59-
acres of improved park. With this subsequent phase of the South University District, the
subdivider proposes the installation of a centralized pavilion to serve the public and all residents
of the district. The Department of Parks and Recreation will determine the final location of the
pavilion prior to building occupancy of Lot 1 of Phase 2.
38.41.060.A.18 Lighting Plan
The application includes a street lighting layout plan with fixture cut sheets and a photometric
analysis plan in conformance to code requirements. The subdivider proposes LED street lighting
along the extension of South 11th
Avenue adjacent to Lot 1 of Phase 2 and at the street
intersections and site access on South 14th
Avenue and the future street to the south. The City
will review the future on-site street lighting layout during the site plan review stage.
38.41.060.A.19 Miscellaneous
The DRC waived miscellaneous supplemental information. The subdivision will not impact
access to any public lands and there are no identified hazards in proximity to the subject
property. Staff found that the South University District Covenants, Conditions and Restrictions
filed with the Gallatin County Clerk and Recorder’s Office does not include a written date for
expiration. The landowner must amend the document to reflect a valid duration period prior to
final plat approval. The plat corrections address this issue.
38.41.060.A.20 Affordable Housing
The DRC waived supplemental information regarding affordable housing. The Affordable
Housing provisions in Article 38.43, BMC do not apply to group living housing units at this
time. In addition, minor subdivisions do not trigger requirements for the currently voluntary
Affordable Housing program. Community Development Staff and the DRC will evaluate
Affordable Housing requirements at the time of future site development. Future development
will add new housing units to the existing city inventory and will supplement housing needs for
students and professionals in the area with close access to Montana State University.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned REMU. The intent and purpose of the Residential Emphasis
Mixed-Use (REMU) district is to establish areas within Bozeman that are mixed-use in character
and to provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood, while providing predictability to
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Page 31 of 33
landowners and residents in uses and standards. There is a rebuttable presumption that the uses
set forth for the district will be compatible both within the district and with adjoining zoning
districts when the standards of this chapter are met and any applicable conditions of approval
have been satisfied. Additional requirements for development apply within overlay districts.
Adopted Growth Policy Designation:
The subject property is planned Residential Emphasis Mixed-Use (REMU). The REMU land use
designation category promotes neighborhoods with supporting services that are substantially
dominated by housing. A diversity of residential housing types should be built on the majority of
any area within this category. Housing choice for a variety of households is desired and can
include attached and small detached single-household dwellings, apartments, and live-work
units. Residences should be included on the upper floors of buildings with ground floor
commercial uses. Variation in building massing, height, and other design characteristics should
contribute to a complete and interesting streetscape and may be larger than in the Residential
category.
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground
floor. All uses should complement existing and planned residential uses. Non-residential uses are
expected to be pedestrian oriented and emphasize the human scale with modulation as needed in
larger structures. Standalone, large, non-residential uses are discouraged. Non-residential spaces
should provide an interesting pedestrian experience with quality urban design for buildings, sites,
and open spaces.
This category is implemented at different scales. The details of implementing standards will vary
with the scale. The category is appropriate near commercial centers and larger areas should have
access on collector and arterial streets. Multi-household higher density urban development is
expected. Any development within this category should have a well-integrated transportation and
open space network that encourages pedestrian activity and provides ready access within and to
adjacent development.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
The South University District was formally annexed to the City of Bozeman in 2011. The City
Commission approved a zoning master plan for the entire district in 2012, which was later
modified on November 11, 2013. The approved master plan remains valid until November 11,
2018. A first minor subdivision created Lot 1 in Phase 1, which was subsequently developed
with high-density group living residential housing units, known as Stadium View Apartments.
The buildings received certificates of occupancy in fall of 2015. The Commission approved a
subsequent minor subdivision to create an additional residential development lot for the second
phase of the Stadium View project. Due to the success of the first phases and the increasing
demand for housing near Montana State University, a developer and the landowner submitted
220
16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat
Page 32 of 33
another subsequent minor subdivision pre-application plan and informal review application for
Block 2 of the South University District. The Development Review Committee (DRC) reviewed
the applications and provided comment to the developer and landowner on April 6, 2016.
The Department of Community Development received an additional zoning application for an
informal review on August 10, 2016 to gather feedback and advice on site layout and building
design for a proposed group living residential development on Block 2. The application proposed
268 dwelling units hosting 887 bedrooms. The DRC provided written comments to the
landowner and subdivider on September 26, 2016.
The landowner, RTR Holdings II, LLC, and the national student housing developer (subdivider),
Capstone Collegiate Communities, LLC submitted a subsequent minor subdivision preliminary
plat application to the Department of Community Development on November 1, 2016. Staff
deemed the application acceptable for initial review on November 9, 2016. The application
proposes the subdivision of a 108-acre tract of record to create one 16.05-acre lot for residential
development, dedicate 3.32-acres of right of way and 14.05-acres of parkland and restrict a
74.87-acre remainder lot to further subdivision review. The DRC reviewed the proposed South
University District Phase 2 Minor Subdivision on November 30, 2016. The DRC determined the
submittal contained detailed, supporting information sufficient to allow for the continued review
of the proposed subdivision on November 30, 2016.
On December 21, 2016, Staff completed this minor subdivision preliminary plat application staff
report. Staff forwarded the report with a recommendation of conditional approval by the Director
of Community Development for consideration by the City Commission, which was scheduled to
make a final decision at its January 9, 2017 public hearing. The City Commission continued the
public hearing to January 23, 2017 at the request of Staff. Staff updated the staff report to include
the most recent information related to the project on January 17, 2017.The final decision for a
subsequent minor subdivision preliminary plat must be made within 60 working days of the date
it was deemed adequate; or in this case by March 3, 2017.
APPENDIX C – NOTICING AND PUBLIC COMMENT
In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on
December 14, 2016 for publication in the legal advertisements section of the Bozeman Daily
Chronicle on Sunday, December 18, 2016. Staff posted public notice on the subject property on
December 16, 2016. Staff sent public notice to physically adjacent landowners via certified
mail, and to all other landowners of record within 200-feet of the subject property via first class
mail, on December 15, 2016. The continuation of the public hearing from January 9th
to January
23, 2017 was included on the City Commission agenda of January 9, 2017. No written public
comment was received on this application as of the writing of this report. One member of the
public offered oral testimony at the January 9, 2017 City Commission meeting during the
advertised public comment period.
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16469, Staff Report for the South University District Ph.2 Minor Subdivision Preliminary Plat
Page 33 of 33
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: RTR Holdings II, LLC, c/o Robert L. Emery, 22 Turtle Rock Court, Tiburon, CA
94920-1300
Subdivider: Capstone Collegiate Communities, LLC, 431 Office Park Drive, Birmingham, AL
35223
Representative: Stahly Engineering & Associates, 851 Bridger Drive, Suite 1, Bozeman, MT
59715
Report By: Mitch L. WerBell, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
CIL Water Rights Memorandum
Application
Supplementary Materials
TIS Summary
April 7, 2016 MDT Comment Letter
222
Development Review Division Policy and Planning Division Building Division
MEMORANDUM
------------------------------------------------------------------------------------------------------------------------------
TO: Shawn Kohtz, Development Review Engineer
FROM: Brian Heaston, Senior Engineer
RE: CIL Water Rights, SUD Phase 2 Pre-Plat
DATE: November 29, 2016
------------------------------------------------------------------------------------------------------------------------------
I have reviewed the application materials for the referenced project in light of Section 38.23.180 BMC.
The engineering report prepared by Stahly Engineering is attached to this memo and provides a
reasonable methodology for the calculation of annual average water demands for the Phase 2 housing
units. I question if a sufficient period of water meter records exists for Phase 1, however, to base the
annual avg demand for Phase 2 upon, particularly considering that the vacancy rate in Phase 1 has a
large affect on per capita demand per occupant. I would suggest putting the developer on notice that we
may require a separate agreement to track actual usage for a period of time after full occupancy of Phase
2 in order to determine if adequate CIL WR were captured at the time of development. If not, then the
agreement would stipulate that additional CIL would be required. Likewise, if water use was
overestimated for purposes of initial CIL payment a refund would be only fair. Furthermore, the
appropriate time to provide CIL WR is prior to the approval of site plan for Phase 2 housing units, not at
subdivision. A deed restriction will be required in this instance for the Phase 2 housing lot.
It is unclear in the report what source of water will be utilized to supply the irrigation water demand for
the Phase 2 landscaping. If the source is an exempt groundwater well, then a letter from DNRC stating
that the irrigation water requirement falls within the 35gpm/10AF use limitations for the exemption must
be provided. DNRC will likely apply a standard duty of water of 2.5 feet/year per acre of irrigated area.
If the irrigation water supply is provided from the city’s municipal system, then CIL WR will be
required for the irrigation demand value. It would behoove the developer to work closely with the city’s
Water Conservation staff to design an efficient landscape and irrigation system to reduce overall CIL
WR costs. Minimum recommended irrigation design requirements developed by WC staff are attached.
The developer is encouraged to meet these requirements.
This same point of water supply applies to the proposed use of an exempt well to irrigate the required
Phase 2 Parkland that will come online with this subdivision. A letter from the DNRC stating the park
irrigation water requirement falls within the use of the exemption is needed. Should additional supplies
be required, and if those supplies are provided from the municipal system, then CIL WR becomes
necessary for that irrigation demand. Again, it behooves the developer to work closely with the city’s
Water Conservation staff.
A unique opportunity to offset the CIL WR costs exists by constructing a non-potable irrigation system
for the Parks, and perhaps even the Phase 2 housing parcel (and subsequent housing phases for that
matter), exists by utilizing water rights appurtenant to the land being developed. It is my understanding
that a share of Middle Creek Ditch Company water historically irrigated these lands. That share water
could potentially be utilized to provide a legally available source of irrigation water supply if it’s still
owned by the developer and conveyance of share water to the property remains viable. Further research
and analysis would be required to determine if the share, or other appurtenant rights, have sufficient
223
Page 2
seniority and flow/volume attributes to reliably meet the irrigation water demand for the development
and to verify that conveyance facilities still exist. I would strongly encourage the developer investigate
this opportunity further.
Lastly, should the developer determine that a non-potable irrigation system served from the MCDC
share not be feasibility, we are interested in acquiring the share from the developer to have in City
ownership. A fair price would be negotiated at a later time for this water. Payment could be applied as
either a credit against the overall CIL WR fee or as cash.
224
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
Phase 2 South University District
16.05 Acre subsequent minor subdivision in South University District
RTR Holdings II, LLC c/o Robert L. Emery
22 Turtle Rock Court, Tiburon, CA 94920-1300
415-412-5783
randy_hecht@yahoo.com
Capstone Collegiate Communities, LLC
431 Office Park Drive, Birmingham, AL 35223
205-414-6400
dmaxwell@capstonemail.com
Stahly Engineering & Associates
851 Bridger Drive, Suite 1, Bozeman, MT 59715
406-522-8594
cpool@seaeng.com
Approx 2200 South 11th Ave, Bozeman, MT 59715
Lot 3 of the South University District Phase 1 Minor Subdivision, SW 1/4 Sec 13 and NW 1/4 Sec 24, T2S, R5E
REMU
Vacant
REMU
225
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District:
Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
268
4250
19.37 843,818
16.05 699,212
226
227
228
PP
Preliminary Plat Required Materials PP Page 1 of 2 Revision Date 1-05-16
Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms:
SUBDIVISION PRELIMINARY PLAT REQUIRED
MATERIALS
APPLICATION SETS
3 total sets are required that include 1 copy of every item below bound or folded into 8½ x 11 or 8½ x 14
sets
Complete and signed development review application form A1.
Plan sets that include all required items listed on the subdivision preliminary plat checklist form PP1.
Standard application sets required
plan sizes:
2 sets that include full size 24 x
36 inch plans
1 set that include 11 x 17 inch
plans
2-digital versions of all materials (JPEG or PDF) on separate CD-ROMs or USB drives. Individual files
must be provided at 5MB or less in size. Files shall be named according to naming protocol.
Notes:
All plans must be drawn to scale on paper not smaller than 8½ x 11 inches or larger than 24 x 36
inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders
will be used, they must include a table of contents and tabbed dividers between sections. Plans
that are rolled or not bound into sets will not be accepted.
NOTICING MATERIALS
Completed and signed property adjoiners certificate form N1 and materials.
STATISTICS
1. Subdivision Type:
First Minor Subdivision from a Tract of Record
First Minor Subdivision from a Tract of Record with variance
Second or Subsequent Minor Subdivision from a Tract of Record
First Major Subdivision
2. Total Number or Lots:
3. Lots by Proposed Uses:
Residential, single household City Park
Residential, multi household Manufactured Home Space
Planned Unit Development Recreational Vehicle Space
Condominium Unit Commercial
Townhouse Industrial
Common Open Space Restricted Development
Other:
229
Preliminary Plat Required Materials PP Page 2 of 2 Revision Date 1-05-16
Required Forms: A1, PP1, N1, SVAR (if variance) Recommended Forms: Required Forms:
APPLICATION FEE
Base fee $1,785 Minor or $ 2,840 Major
Plus $72 per lot
Plus
$6.50 noticing fee per each physically contiguous (touching)
property owner
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
230
PP1
Preliminary Plat Checklist PP1 Page 1 of 2 Revision Date 1-05-16
Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms:
SUBDIVISON PRELIMINARY PLAT CHECKLIST
GENERAL INFORMATION
The preliminary plat submittal must include the following information. Please refer to Section
38.41.040, BMC for the specific requirements for each item.
1. All information required with the pre-application plan, as outlined in Section 38.41.030
(Subdivision Pre-application Plan), BMC. See checklist PA1.
2. Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and
blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if
other than for single household.
3. All streets, roads, alleys, avenues, highways, and easements; the width of the right-of-way, grades,
and curvature of each; existing and proposed road and street names; and proposed location of
intersections for any subdivision requiring access to arterial or collector highways.
4. The names of adjoining platted subdivisions and numbers of adjoining certificates of survey.
5. An approximate survey of the exterior boundaries of the platted tract with bearings, distances, and
curve data indicated outside of the boundary lines. When the plat is bounded by an irregular
shoreline or a body of water, the bearings and distances of a closing meander traverse shall be
given.
6. The approximate location of all section corners or legal subdivision corners of sections pertinent
to the subdivision boundary.
7. If the improvements required are to be completed in phases after the final plat is filed, the
approximate area of each phase shall be shown on the plat.
8. Ground contours at 2-foot intervals if slope is under 10 percent; 5-foot intervals if slope is
between 10 and 15 percent; and 10-foot intervals if slope is 15 percent or greater.
9. List of waivers granted from the requirements of Section 38.41.060 (Additional Subdivision
Preliminary Plat Supplements), BMC during the pre-application process.
10. Request for exemption from Montana Department of Environmental Quality Review as described in
Section 38.41.040.11 (Request for Exemption from MDEQ Review), BMC.
11. All appropriate certificates (refer to Chapter 38.06, BMC).
12. All preliminary plat supplements required for all subdivisions:
Preliminary Plat Supplements Required for All Subdivisions
A. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads
B. Map of entire subdivision on either an 8½-inch x 11-inch, 8½-inch x 14-inch, or 11-inch x 17-inch
sheet
C. A written statement describing any requested subdivision variance(s) and the facts of hardship
upon which the request is based. Refer to Chapter 38.35 (Variance, Deviation and Appeal
Procedures), BMC. See checklist SVAR
D. Covenants, Restrictions and Articles of Incorporation for the Property Owners’ Association
E. Encroachment permits or a letter indicating intention to issue a permit where new streets,
easements, rights-of way or driveways intersect State, County, or City highways, streets or roads
F. A letter of approval or preliminary approval from the City of Bozeman where a zoning change is
necessary
231
Preliminary Plat Checklist PP1 Page 2 of 2 Revision Date 1-05-16
Required Forms: A1, N1, PP, SVAR (if variance) Recommended Forms: Required Forms:
G. A draft of such other appropriate certificates
H. Provision for maintenance of all streets (including emergency access), parks, and other required
improvements if not dedicated to the public, or if private
I. Profile sheets for street grades greater than 5 percent
J. If an authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be provided
K. A Noxious Weed Management and Revegetation Plan approved by the Weed Control District for
control of noxious weeds
L. A preliminary platting certificate prepared by a Montana title company
13. All preliminary plat supplements not waived at pre-application review by the Development Review
Committee. Please refer to Section 38.41.060, BMC for the specific requirements for each item.
Additional Subdivision Preliminary Plat Supplements Waived
A. Surface water
B. Floodplains
C. Groundwater
D. Geology, soils and slope
E. Vegetation
F. Wildlife
G. Historical features
H. Agriculture
I. Agriculture water user facilities
J. Water and sewer
K. Stormwater management
L. Streets, roads and alleys
M. Utilities
N. Educational facilities
O. Land use
P Parks and recreation facilities
Q. Neighborhood center plan
R. Lighting plan
S. Affordable Housing
T. Miscellaneous
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net
232
233
Legal Description Name 1 Name 2 Address City State Zip Code
Stadium Center Lot 18 Suite 1 Daniel & Anna Bidegaray Bidegaray Law Firm 2042 Stadium Drive, Suite 1 Bozeman MT 59715
Stadium Center Lot 18 Suite 2 DSA Bozeman, LLP 2042 Stadium Drive, Suite 2 Bozeman MT 59715-0616
Stadium Center Sub Lot 17 Pete Sobrepena & Hollis Sobrepena 508 Pronghorn Trail Bozeman MT 59718-7595
Minor Sub 371A Lot 2 Unit A Feldstein Enterprises LP P.O. Box 2079 Folsom CA 95763-2079
Minor Sub 371A Lot 2 Unit B Feldstein Enterprises LP P.O. Box 2079 Folsom CA 95763-2079
Plat J-584 Block 2, Lot 1 Allison Subdivision Phase 3A Bon Ton Inc. of Billings P.O. Box 906 Bozeman MT 59771-0906
SW4NW4 & NW4SW4 Less R/W Sec 24 2S 5E 78 Ac Klien and Karen Gilhousen The Gilhousen Community Property Trust 599 Hightower Road Bozeman MT 59718-8163
Tracts 1 COS 2661-A Cheryl Boylan 1550 W. Kagy Boulevard Bozeman MT 59715-6510
Tract 2 COS 2661-A Cheryl Boylan (50%) & Peggy Easton (50%) 1550 W. Kagy Boulevard Bozeman MT 59715-6510
Tract 3 COS 2061-A Peggy Easton 167 COUGAR DR Bozeman MT 59718-8358
South University District Ph1, Lot 1 Plat J-518 NB Stadium View DST 16B Journey Ste 200 Aliso Viejo CA 92656-3317
South University District Ph1, Lot 2 Plat J-518 RTR Holdings II LLC 22 Turtle Rock CT Tiburon CA 94920-1300
Lot 2 Minor Sub #481 MJC/KAGY LLC 32300 Frontage Rd Bozeman MT 59715-8607
S13, T02 S, R05 E, TRACT 2 SE4 63.590AC COS 2728 State of Montana MSU Facilities Services P.O. Box 172760 Bozeman MT 59717-2760
ALLISON SUB ANNEX, S24, T02 S, R05 E, ACRES 40.217, SE4NW4 Bon Ton Inc. of Billings PO Box 906 Bozeman MT 59771-0903
CONTIGUOUS
234
Legal Description Name 1 Name 2 Address City State Zip Code
Stadium Center Sub Lot 19 Paul D and Marolyn J Stanley Trustees 6138 SHADOWBROOK RD Granite Bay CA 95746
Stadium Center Sub Lot 16 Stadium Drive #16, LLC 1400 Black Bear Road Bozeman MT 59718-7891
W1/2NE4SW4 Sec 13 2S 5E 20 Ac Cecilia Ann Keifer 518 S. 7th Avenue Bozeman MT 59715-4409
Minor Sub 235 Lot 1 G FORCE 1 LIMITED LIABILITY COMPANY 1320 MANLEY RD Bozeman MT 59715-8779
COS 1969 Tract 1 Grace Bible Church Limited of Bozeman 3625 S. 19th Avenue Bozeman MT 59718-9108
Minor Sub 191-B Lot 2A Steven R. & Ralph K. Aaker 1461 Monroe Place Louisville CO 80027-1560
COS 2008A Tract 1A Daniel Hitchcock 19th Capital Group, LLC 19 Lariat Loop Bozeman MT 59715-9200
Barry Brown
Jerry Locati
Kagy Crossroads Sub Amended Block 1 Lots 4 & 5 Stockman Bank of Montana P.O. Box 250 Miles City MT 59301-0250
Remington Sub Lot 7 Church of Christ of Bozeman 1825 W. Kagy Boulevard Bozeman MT 59715-6505
Hawks Ridge Condominiums Tract A COS 573 MJM Investments LLC 402 Macy Drive Roswell GA 30076
Tract B COS 573 YMA Properties 1705 W Kagy Blvd Bozeman MT 59715-6513
Hawks Ridge Condominiums Tract A COS 573 Unit 1715 Don W. & Christine Lint 406 Princeton Place Bozeman MT 59715-7186
Hawks Ridge Condominiums Tract A COS 573 Unit 1717 Robert S. & Kristi D. Ernenwein Ernenwein Family Trust 1405 Crenshaw Blvd Torrance CA 90501-2434
Hawks Ridge Condominiums Tract A COS 573 Unit 1719 Robert S. & Kristi D. Ernenwein Ernenwein Family Trust 1405 Crenshaw Blvd Torrance CA 90501-2434
Hawks Ridge Condominiums Tract A COS 573 Unit 1721 Stephen & Jeanette Rutherford 2500 Klondike Court Missoula MT 59808-9066
Hawks Ridge Condominiums Tract A COS 573 Unit 1723 Alan J. & Nancy M. MacDonald 1723 W Kagy Blvd Bozeman MT 59715-6513
Hawks Ridge Condominiums Tract A COS 573 Unit 1725 Daniel E. & Regina D. Eyer Eyer Family Revocable Trust 662 Wintergreen Lane Bozeman MT 59715-7855
Hawks Ridge Condominiums Tract A COS 573 Unit 1727 Brunner Investments, LLC PO Box 160881 Big Sky MT 59716-0881
Hawks Ridge Condominiums Tract A COS 573 Unit 1729 Michael L. & Callie C. Peters 14 Chinook Trl Bozeman MT 59718-9412
Hawks Ridge Condominiums Tract A COS 573 Unit 1731 HR Condos 710 East Fridley Bozeman MT 59715
Hawks Ridge Condominiums Tract A COS 573 Unit 1733 Kaitlyn B. & Aaron B. Williamson 4986 Castle CT Anchorage AK 99508-4804
Hawks Ridge Condominiums Tract A COS 573 Unit 1735 Gregory E.Swietek & Mary Livingston 6 Russell Ave Portola Valley CA 94028-7246
Hawks Ridge Condominiums Tract A COS 573 Unit 1737 TJ Holdings, LLC 905 Colorado ST Belgrade MT 59714-4302
Hawks Ridge Condominiums Tract A COS 573 Unit 1739 Angie Lee 103 Alton Way Bozeman MT 59718-7271
Hawks Ridge Condominiums Tract A COS 573 Unit 1741 Charles M. & Crista S. Merzdorf 1128 Holly Dr Bozeman MT 59715-5933
Hawks Ridge Condominiums Tract A COS 573 Unit 1743 Scott H. Luckay 600 Triple Tree RD Bozeman MT 597157851
Hawks Ridge Condominiums Tract A COS 573 Unit 1745 Dale H. & Brit D. Jackson 1116 23RD AVE SW Great Falls MT 59404-3437
Hawks Ridge Condominiums Tract A COS 573 Unit 1747 Don W. & Christine Lint 406 Princeton Place Bozeman MT 59715-7186
Hawks Ridge Condominiums Tract A COS 573 Unit 1749 Don W. & Christine Lint 406 Princeton Place Bozeman MT 59715-7186
Hawks Ridge Condominiums Tract A COS 573 Unit 1751 Stephen M. Seeger & Beth A. Daly 20 Barley Field CT Dickerson MD 20842-8806
Hawks Ridge Condominiums Tract A COS 573 Unit 1753 KB3 5620 Ocean Pines CIR Las Vegas NV 89130-2092
Hawks Ridge Condominiums Tract A COS 573 Unit 1755 Scott H. Luckay 600 Triple Tree RD Bozeman MT 59715-7851
Hawks Ridge Condominiums Tract A COS 573 Unit 1757 Charles M. & Crista S. Merzdorf 1128 Holly Dr Bozeman MT 59715-5933
Hawks Ridge Condominiums Tract A COS 573 Unit 1759 Michael D. & Angela D. Lee Lee Living Trust 103 Alton Way Bozeman MT 59718-7271
Hawks Ridge Condominiums Tract A COS 573 Unit 1761 Thomas Williams 868 Western DR Santa Cruz CA 95060-3035
Hawks Ridge Condominiums Tract A COS 573 Unit 1763 Craig Casperson 3281 E 3500 N Kimberly ID 83341-5217
Hawks Ridge Condominiums Tract A COS 573 Unit 1765 Deborah L. Meyer P.O. Box 2045 Arvada CO 80001-2045
Hawks Ridge Condominiums Tract A COS 573 Unit 1767 Michael L. & Callie C. Peters 14 Chinook Trl Bozeman MT 59718-9412
Hawks Ridge Condominiums Tract A COS 573 Unit 1769 Lei Cai & Mengyao Liu 2 Erin CT Bridgewater NJ 08807-5518
Hawks Ridge Condominiums Tract A COS 573 Unit 1771 Gregg T. & Kristin K. Lundin 7855 Parkwood Drive Missoula MT 59808
Hawks Ridge Condominiums Tract A COS 573 Unit 1773 Jeanne Singleton PO Box 274 Pony MT 59747-0274
Hawks Ridge Condominiums Tract A COS 573 Unit 1775 Deborah Schonscheck 16417 E Auburn Hills DR Parker CO 80134-3037
Hawks Ridge Condominiums Tract A COS 573 Unit 1777 Knute H. & Marne B. Oaas 1238 W Gold ST Butte MT 59701-2110
Hawks Ridge Condominiums Tract A COS 573 Unit 1779 Sachs Corporation 4480 Bannock DR Bozeman MT 59715-9303
Hawks Ridge Condominiums Tract A COS 573 Unit 1781 Brenda L. Blazer 431B East Brandon DR Bismark ND 58503
Beattys Sub Tract 31 & Part W2 of Tract 11 (Parcel #4) Edward A. & Constance B. Dratz 114 Sir Arthur DR Bozeman MT 59718-7866
Beattys Sub 169'x230' Tract 29 less Hwy Right of way 1605 W Kagy LLC P.O. Box 4730 Bozeman MT 59772-4730
Beattys Sub Part Tract 8 & a strip 4.25x100' plus Tract A 1805 Willow Way LLC P.O. Box 4730 Bozeman MT 59772-4730
Boylan Add No 1 West 351'x619.65' of Lot 1 Montessori Childrens House LLC 1450 W. Kagy Blvd Bozeman MT 59715
ADJOINER NOT CONTIGUOUS
235
•
• www.seaeng.com Engineers and Land Surveyors
851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594 | fax: 406-522-9528
October 25, 2016
Bozeman Department of Planning and Community Development
Attn: Brian Krueger, Development Review Manager
20 East Olive
PO Box 1230
Bozeman, MT 59771
RE: Phase 2 South University District Preliminary Plat Application
Dear Brian:
Enclosed is a preliminary plat application for the Phase 2 South University District (SUD) Minor
Subdivision. The subdivision is to be located on “Block 2” of the South University District master
planned area in the REMU zoning district. It will create a single, 16.05-acre parcel for development
of another “walk-to-campus” student apartment project. Phase 2 will build on infrastructure
completed in the SUD Phase 1 Subdivision, and that proposed for the SUD Phase 1B Subdivision. It
is expected that the Phase 1B Subdivision improvements will be completed prior to final approvals of
Phase 2.
The subdivision will dedicate street rights of way for South 11th, South 14th, and a yet-to-be named
east-west street along the south lot boundary. The subdivision will also create an additional 4.66-
acres of park to be improved with the lot development. Additionally, this subdivision will formally
dedicate the Phase 1 park, which was previously created by easement.
The second access to the site will either be an extension of S. 11th Ave to Graf Street., or an
extension of Campus Blvd to S. 19th Ave. The decision as to which street will be built to provide a
second access to SUD Phase 2 is still under consideration.
Please let me know if you have any questions or need any further information. I can be reached at
(406) 522-9526.
Sincerely,
Stahly Engineering & Associates
Cordell Pool, PE
Associate Principal
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1
South University District Phase 2 Subdivision
Introduction
The following Subsequent Minor Subdivision application package is for the third
development phase within South University District (SUD) Master Plan area. The
subdivision site is currently vacant and is used for agricultural purposes. The
subdivision will split Lot 3, an existing 108.28-acre “Restricted” lot, created by the
first SUD Phase 1 Minor subdivision, into a 16.05-acre parcel for development
3.32-acres of street rights-of-way, and a 74.87-acre remainder lot subject to
further subdivision review. The rights-of-way dedications would extend the South
14
th
Avenue and South 11
th
Avenue streets from Campus Blvd. and create an
additional street on the south side of Phase 2 (currently unnamed) providing a
perimeter around the site. Minor Subdivision Phase 1 provided a 9.38-acre (net
area) park dedication. Additional parkland area of 4.66 acres (gross) is proposed
with this subsequent subdivision.
Following the Preliminary Plat Application form and the Preliminary Plat
Checklist, a Checklist Addendum is provided. The Addendum explains why
items on the Checklist were not provided.
Some of the Supplemental Information typically required for subdivision review
has been waived because it was submitted with the previous subdivision or with
the SUD Master Plan submittal. Waivers to the submittal requirements were
granted during the Pre-application process and will be discussed in more detail
later. Updated information necessary to analyze the impacts of the subdivision is
provided.
Project Summary
The SUD Phase 2 Subdivision is within the REMU zoned 127-acre South
University District Master Plan area. The master development plan for the
property was approved by the Bozeman City Commission and amended in
November of 2013 (hard copies of the SUD Master Plan are on file with the
Planning Department. (See the attached SUD Master Plan Map)
An informal site plan has been submitted for this lot, and consists of a student
housing project with a retail component in the northwest corner of the site. The
lot is well suited for this use due to the close proximity to campus and the high
density/group residential emphasis called for in the SUD Master Plan. The
development proposed by the informal site plan consists of 268 dwelling units,
providing housing to 887 residents. The new units will vary in type to include
one, two, and four bedroom flats as well as four and five bedroom townhouse
style apartments.
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2
Given the proximity of the site to campus, it is anticipated that many of the
residents will choose to walk or bike to campus. Pedestrian circulation is
provided in all directions and is focused to maximize student movement
northeast towards the MSU campus. Sidewalks along 11
th
Avenue, Campus
Boulevard, and South 14th Avenue will connect to the park, as well as Phase 1
and Phase 1B. Access to the parking courtyards will be from multiple access
points (six) around the perimeter of the Phase 2 site. The interior drive aisles
are in a grid pattern, providing multiple routes and easy circulation.
SUD Master Plan Conformance
Master Plan conformance can be measured in several ways. First, the proposed
use of the Phase 2 Subdivision conforms to the “High Density Residential and
Mixed Residential /Commercial” land use designations shown for the project site
in the SUD Master Plan Map.
Right-of-way dedications for South 14
th
Avenue, South 11
th
Avenue, and an
unnamed street to the south would be completed by this subdivision; in the same
locations shown on the Master Plan.
The filed covenants for the Phase 1 subdivision already incorporate the Phase 2
area and include the Owner Association bylaws. The Phase 1 covenants were
structured after those provided in the Master Plan and establish the overall South
University District Property Owners Association, as recommended in the Master
Plan.
On the site development level, the building styles and functions, and the
pedestrian and bicycle circulation solutions are all consistent with the SUD
Design Manual in the Master Plan.
Altogether, the Phase 2 Subdivision was anticipated by, and is in conformance
with, the SUD Master Plan.
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1
South University District Phase 2 Subdivision
Planning Dept. DRC Pre-application Comment Responses
The following narration addresses the April 13, 2016 City of Bozeman Design
review Committee comments to the Pre-application Plan for the SUD Phase 2
Minor Subdivision of Lot 3.
Item 1 from the 4/13/16 letter simply lists the supplemental materials waivers that
were granted, and which materials would not be granted. Additional information
is provided for the materials that were not waved.
Item 2 notes the plat must conform to all requirements of the Bozeman Municipal
Code and Uniform Standards for Subdivision Plats. We acknowledge this
requirement.
Item 3 indicates that Campus Blvd must be fully constructed to South 19
th
Avenue prior to final plat approval. Based on recent meetings with the city, the
other option that would meet the second access requirement for Phase 2 would
be the extension of South 11
th
Avenue to Graf Street. At this point in time, it is
unknown which of these two street extensions will be constructed.
Item 4 requires that restrictions be placed on the remainder parcel of this
subdivision. Lot 3A on the preliminary plat has a note that states “Lot
development subject to further subdivision review”
Item 5 requires that the property contained within the existing and proposed
public park easements be formally transferred to the City of Bozeman and
indicated on the final plat. A warranty deed transferring ownership will be
provided with final plat.
Standard Code Provision comment responses
1. Liens or Mortgages against the property: A consent to mortgagee certificate
is provided on the preliminary plat.
2. Disposition of Water Rights: The cash-in-lieu of water rights payment will be
calculated as part of the Phase 2 final plat process. The amount of water rights
needed will be discussed in the preliminary water engineering report provided
with this submittal.
3. Neighborhood Centers: The supplemental information provided with this
submittal discusses how SUD Phase 2 is addressing the requirement for a
neighborhood focal point (a new park pavilion located on the east side of the park
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2
adjacent to South 14
th
Avenue). Please refer to the Preliminary plat supplements
and plans for more information.
4. Provide utility easements as per UDC 38.23.060 and provide 10-foot front
yard easements unless all utility companies indicate otherwise: Utility easements
are shown on the preliminary plat. Easements will be provided in the interior of
the lot as determined by the site plan review process.
5. Finish Grade: All finish grades in landscaped areas will comply with the
provisions set forth in Section 38.26.050.L (slopes will not exceed 25%). Final
plans will include this condition.
6. Mail Delivery: Mail delivery areas will be on-site and located in cooperation
with the USPS during site plan development.
7. Street Frontage: The existing covenants for the South University District
provided with this submittal require that all developments within the SUD are
subject to the most current version of the Bozeman Uniform Development Code,
and all “street rights-of-way not used for pavement, curbs, gutters, sidewalks or
driveways shall be landscaped and maintained as per Section 38.26.050 E of the
UDC.”
8. Waiver of Right to Protest Creation of Special Improvement District for a city
wide Park Maintenance District: This waiver was recorded during annexation
(Gallatin County document # 2410415 pages 13 and 14)
9. Property Owners’ Association maintenance of areas reserved for open space:
There are no common open spaces associated with Phase 2. Phase 2 consists
of lots, park, and streets.
10. Sidewalks to be built upon the third anniversary of plat recordation: The
existing covenants for the South University District provided with this submittal
require sidewalks to be installed no later than the third anniversary of the filing of
the final plat.
11. Documents and Certificates, such as covenants, owners’ association bylaws,
etc.: Phase 2 is already within the authority of the SUD covenants. The
covenants property owners’ association bylaws are imbedded in the covenants.
A copy of the filed covenants, Gallatin County Document #2478012, have been
provided.
12. Noxious weed plan: A noxious weed plan has been completed and
approved by the County Weed Control District. This plan is provided with this
submittal.
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3
13. Certificates listed in Section 38.06.020 through 38.06.110: The required
certificates have been shown on the preliminary plat as appropriate.
14. Preliminary Plat requirements outlined in Section 38, Article 41: All required
information has been provided with this submittal.
15. Preliminary Plat to be submitted within one year of the Pre-application
comments, which are dated 4/13/16: The Preliminary Plat has been submitted
prior to expiration of the anniversary date.
Engineering Dept. DRC Pre-application Comment Responses
1. Sewer capacity will not be available for the proposed project until the “South
University District” Category 1 sewer main improvement project is complete:
This sewer project is currently under construction. We acknowledge the
requirement for this project to be completed prior to final plat approval.
2. Easement for the extension of South 11
th
Avenue required: currently, a 45’
wide public street and utility easement exists on the west side of S. 11
th
. We
acknowledge that an additional 45’ wide easement is needed from the owner on
the east side of South 11
th
.
3. Coordination of the street cross section design of South 11
th
to Graf Street with
the City: The cross section provided for South 11
th
Ave in the plans provided
with this submittal show a standard collector street cross section (48’ width) that
also is in accordance with the SUD Master Plan. The proposed street section
consists of two 10’ driving lanes, two 5’ bike lanes, and 8’ parallel parking on
each side. No median is proposed.
4. Extension of Campus Blvd for secondary access: The second access to the
site will either be an extension of S. 11
th
Ave to Graf Street., or an extension of
Campus Blvd to S. 19
th
Ave. The decision as to which street will be built to
provide a second access to SUD Phase 2 is still under consideration.
5. Easement or guarantee of dedication for the roundabout at the future
intersection of Campus Blvd and 17
th
Ave: If Campus Blvd. is chosen as the
second access, this easement will be provided by an exhibit to be recorded and
referenced in the final plat.
6. Easement for the future extension of 14
th
Avenue: A seventy foot wide public
street and utility easement is shown on the plat. A 30’ easement for Arnold
Street has also been added to the plat.
7. Intersection of South 7
th
Ave and Kagy Blvd: From our discussions with the
city, this comment is not applicable to this project due to the improvements to this
intersection that will be completed by a planned CIP project.
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4
8. The Conditions of approval for the SUD master Site Plan outlined in letter
from Brian Krueger, dated April 17, 2012 are applicable to this project: The
majority of these conditions will be addressed at the time of Site Plan submittal.
The response to the following items 9, 11, and 14 pertain to the preliminary plat
review and are as follows:
9. Comprehensive Lighting Plan needed: A lighting plan including
photometrics and cut sheets have been included with this submittal.
11. Cash in lieu of water rights, payback districts, off-site infrastructure
improvements, and waivers of right to protest will be evaluated with each
phase at the time of development:
The cash-in-lieu of water rights payment will be calculated as part
of the Phase 2 final plat process.
Payback districts, if determined applicable during review by the city,
may be needed. We acknowledge this potential.
Offsite Infrastructure Improvements needed for this subdivision are
discussed in the preliminary engineering reports provided with this
submittal.
The Waiver of Right to Protest Creation of Special Improvement
District for a city wide Park Maintenance District was recorded
during annexation (Gallatin County document # 2410415 pages 13
and 14)
14. Proposed street widths, curb, gutter and sidewalk details will be
reviewed: Typical Street Sections and Civil Site Details plan sheets have
been provided with this submittal.
9. Vision Triangles: Vision triangles are displayed at intersections and drive
accesses in the plan sheets provided with this submittal.
10. Waivers of Right to Protest Creation of Special Improvement Districts (SID’s)
for the following:
a. Street improvements to Kagy Boulevard including paving, curb/gutter,
sidewalk, lighting and storm drainage.
b. Street improvements to South 11
th
Avenue including paving,
curb/gutter, sidewalk, lighting and storm drainage.
c. Intersection improvements to the intersection of South 11
th
Avenue and
West Kagy Boulevard.
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5
d. Intersection improvements to the intersection of South 7
th
Avenue and
West Kagy Boulevard.
We acknowledge the requirement for filing Waivers of Rights to Protest
Creation of the above mentioned SID’s. These waivers will be provided
on the final plat.
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1
South University District Phase 2 Subdivision
Section I. Supplemental Material and Commentaries
The following additional supplemental information has been prepared in
accordance with section 38.41.060 of the Unified Development Code of the City
of Bozeman. Appendices provided with this submittal contain detailed studies,
plans, design reports and other documents which are referenced throughout this
section. Some of the Supplemental Materials have been waived because this
Phase is part of a larger subdivision that has already been approved. The items
that have been waived by the City are listed first. The waivers were granted in
the April 13, 2016 Phase 2 Minor Subdivision pre-application letter. Following
the list of waived items is a narration pertaining to the submittal items that were
not waived.
Supplement Items Waived (numbers correspond to checklist item
numbers):
2. Floodplains
3. Groundwater
8. Agriculture
14. Educational Facilities
15. Land Use
19. Miscellaneous
Additional Subdivision Preliminary Plat Supplements – UDC Section
38.41.060.A.
1. Surface Water
The South University District (SUD) Master Plan shows all surface waters
located on the property. The Phase 2 lot does not contain any surface
water or wetlands. Wetlands exist in the proposed parkland as delineated
with the South University District Master Plan and Phase 1 Minor
Subdivision. The wetlands in the proposed park will not be disturbed. The
MSU irrigation supply ditch exists within the South 11
th
right-of-way. This
ditch will be re-routed or piped so as to keep it in the 90-foot right-of-way
as per the SUD master Plan.
4. Geology, Soils and Slopes
There are no significant geologic or topographic features or steep slopes
within the site. A Preliminary Geotechnical Report for the South University
244
2
District was submitted with the SUD Phase1 Minor Subdivision showing
soil constraints typical of Bozeman. This report is provided with this
submittal. Prior to development on the Phase 2 lot, a detailed
geotechnical evaluation will be conducted for building foundation design.
5. Vegetation
The vegetation on the South University District property has been
extensively altered by agricultural use of the property, and the Phase 2 lot
is within tilled ground. The most critical plant communities within South
University District exist in the wetlands along Mandeville Creek. These
areas will remain protected in the master planned park. Irrigated lawn
area in the Phase 2 Park will remain outside of the wetlands, as well as
Zones 1 and 2 as shown in the Landscape Plans provided with this
submittal. Proposed trail extensions will be constructed outside of Zone 1.
6. Wildlife
Due to past agricultural uses and proximity to town, wildlife use of the
property is low. Occasional white-tailed deer and small mammals are
present on the property and waterfowl sometimes utilize the waterways on
the nearby Mandeville Creek.
The most significant wildlife habitat near the property is the wetland areas.
These areas are protected within the park and the trees and shrubs added
with the park landscaping will increase the wildlife value of these areas.
Due to the size of the master planned park, impacts to wildlife due to pets
and human activity can be accommodated as much as possible in an
urban setting.
7. Historical Features
A Cultural Resource study was conducted for the SUD Master Plan. The
study found no significant cultural, historic, or archaeological features. If
any are found the study recommends that the study author be contacted.
The Cultural Resources Evaluation is provided in the appendices for
reference.
9. Agriculture Water User Facilities
As previously mentioned, an MSU irrigation ditch lies within the South 11
th
right-of-way on the east side of Phase 2. This ditch is planned to be piped
within the South 11
th
Avenue right of way. None of the other water user
facilities located on the 88-acre remainder parcel (undeveloped portion of
Lot 3 of the SUD Phase 1 Minor Subdivision) will be altered.
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3
10. Water and Sewer
Preliminary Design Reports for Water and Sewer mains for Phase 2 of
South University District are included with this submittal. In general, water
supply will be provided to Phase 2 by extensions of water mains that exist
along South 11
th
Avenue, and along Campus Blvd. The mains along
Campus Blvd are partially completed from the SUD Phase 1 project, and
will be extended as part of the SUD Phase 1B project. Water mains for
Phase 2 will be provided in the subdivision streets, looping around the
Phase 2 subdivisoin. Lot development will require extension of water
mains within the Phase 2 lot. Sewer is proposed to be provided by
connection to a proposed sewer main extension that will connect at a point
along West Lincoln Street and Willow Way. Lot development will require
sewer main extensions from South 14
th
and Campus Blvd.
.
11. Stormwater Management
A preliminary Storm Water Plan is provided with this submittal. Phase 2
will utilize a trunk storm drain that was installed in Campus Blvd in Phase
1, and was sized to handle the development of Phase 2. Additional storm
sewer mains are provided throughout the Phase 2 site which will connect
into the existing infrastructure. The detention basin located in the existing
SUD Park was sized to handle storm water for Phase 2, and was
constructed as part of the Phase 1 improvements.
12. Streets, Roads and Alleys
Phase 2 will dedicate rights-of-way for South 11
th
Avenue, South 14
th
Avenue, and an unnamed street at the southern boundary of Phase 2.
These streets will be constructed as part of the Phase 2 subdivision
improvements. The proposed street sections are in accordance with the
SUD Master Plan. South 14
th
Avenue is proposed to be a 45’ wide “local
plus” street, which is a local street with bike lanes. The southern street
will be a local street with a 35’ width to better accommodate on-street
parking. Campus Blvd and South 11
th
Ave will have identical street
sections, with 10’ driving lanes, 5’ bike lanes, and 8’ parallel parking
spaces.
SUD has provided dedication or easement for their portion of the right-of-
way for S. 11
th
Ave. Easements for the east side of South 11
th
will be
needed from the adjacent property owner.
A second access will be provided to Phase 2, as required in the City of
Bozeman comments to the Phase 2 Subdivision Pre-application. This
246
4
access could be either an extension of Campus Blvd to South 19
th
Ave, or
an extension of South 11
th
Ave to Graf Street. It is unknown at this time
which street will be extended to provide this second access.
A Traffic Impact Study is provided with this submittal.
13. Utilities
Utility easements will be provided around the perimeter of the Phase 2 lot.
Utilities were installed to Phase 2 as part of the Phase 1 development.
The utility easements will allow for extension of utilities to Phase 2 and
subsequent development phases. Utilities will be installed underground,
with installation occurring at the time of lot development.
16. Parks and Recreation Facilities
A complete parks plan was included with the South University District
Master Plan. The SUD Phase 1 Minor subdivision dedicated a 9.38 acre
park easement, which is the first portion of the large, central, master
planned park in accordance with the Master Plan Park Plan. Phase 2 will
dedicate 4.63 acres of additional park easement to fulfill the site
development’s park requirements. The park improvements will be
constructed with the site development.
The SUD Master Plan design guidelines call for the total park
requirements and dedication to be tracked at each development phase.
An brief narrative and update to the parkland tracking table is provided
below:
Parkland requirements in accordance with UDC Section 38.27.020.A.1.d
require 575 square feet of park per person at a maximum of 27 persons
per net acre. At this allocation, Phase 1 requires 3.5 acres of park, Phase
1B requires 1.3 acres of park and Phase 2 requires 5.72 acres of park for
a total park requirement of 10.52 acres.
The Phase 1 park total area is 9.38 acres. Subtracting wetlands,
watercourse setbacks, and storm water facilities yields a net improved
park area of 6.73 acres. The proposed Phase 2 park total area is 4.66
acres. Subtracting wetlands and water course setbacks yields a net
improved park area of 3.86 acres. The total improved park area is 10.59
acres, exceeding the combined dedication requirement.
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5
SUD Master Plan Park and Open Space Dedication Tracking Table
*Note: As per Bozeman UDC Section 38.27.020.A.1.d., the park dedication requirement
is calculated by assuming 27 persons per net residential acre times 575 square feet per
person. For instance, the requirement for SUD Phase 1 Stadium View student housing
project is 9.82-acres X 27 persons/acre X 575 sf /person / 43,560 sf / acre = 3.4999.
**Other required open space includes areas such as detention/retention areas, water
courses, wetlands, and wetland setbacks that cannot be used to satisfy park dedication
requirements.
17. Neighborhood Center Plan
The SUD Phase 2 subdivision will create a single 16-acre lot for
development of a student housing project. This development is within the
SUD Master Plan whose neighborhood center will be essentially the
central park complex. The existing park that was constructed during
Phase 1 will be expanded by 4.66 acres (3.86 acres net) by the
development of Phase 2. The park improvements for Phase 2 include a
proposed a park pavilion located on the east side of the park, as well as
expansion of the trail system (approximately 1400’) on the perimeter of the
new park area. As future phases of the South University District are
SUD
Phase
Estimated
Gross Lot
Area
(Acres)
Estimated
Net
Residential
Area
Park
Acreage
Required*
(Acres)
Net Park
Acreage
Dedicated
(or by
easement)
Cash-in-lieu
payments or
improvements
Other
Required
Open
Spaces**
Total Park
and Open
Space
Dedication
Date of Park
Dedications or
Easement
Ph 1
Lot 1
9.82 9.82 3.50 6.73 0 2.65 9.38 3-31-14
(Dedication)
Ph 1B
Lot
2A
6.41 3.66 1.30 0 0 0 0 n/a
6
developed, the neighborhood center/central park complex will continue to
expand in accordance with the SUD Master Plan.
18. Lighting Plan
Street lighting is proposed for the extension of South 11
th
Avenue, as well
as at the street intersections and site accesses on South 14
th
and the
unnamed street on the south. Street lighting cut sheets and photometric
analysis plan sheets are provided with this submittal.
20. Affordable Housing
By our understanding, the affordable housing ordinance does not apply to
student apartments.
249
FINAL MASTER PLAN 4
SITE MAP
250
251
252
BLOCK II - 163 BEDS (43 UNITS)
161 SPACES (27 COVERED)
BLOCK IV - 138 BEDS (41 UNITS)
128 SPACES (18 COVERED)
BLOCK VI - 150 BEDS (45 UNITS)
151 SPACES (32 COVERED)
BLOCK III - 110 BEDS (30 UNITS)
130 SPACES (12 COVERED)
BLOCK V - 148 BEDS (55 UNITS)
162 SPACES (40 COVERED)
BLOCK I - 178 BEDS (54 UNITS)
186 SPACES (48 COVERED)
HC HC
HC HC
HC HC
HC HC
HC HC
HC HC
HC HC
HC HC
HC HC
CAMPUS BLVD.
S. 14TH AVE.
S. 13TH AVE.
S. 11TH AVE.
S. 12TH AVE.
UNNAMED STREET
PROPOSED TRAIL
PROPOSED
TRAIL
PHASE 2 PARK
4.63 ACRES TOTAL
3.86 ACRES NET
PHASE 2 PARK
BOUNDARY
PHASE 1 PARK
9.38 ACRES TOTAL
6.73 ACRES NET
REMAINDER PARCEL
88.91 ACRES
PROPOSED TRAIL
EX. WETLAND
MANDEVILLE CREEK
THIS DRAWING IS THE PROPERTY OF NEQUETTE ARCHITECTURE & DESIGN INC. AND IS NOT TO BE REPRODUCED, COPIED OR ALTERED IN WHOLE OR IN PART OR USED WITHOUT THE APPROVAL OF NEQUETTE ARCHITECTURE
& DESIGN, INC, AND IS TO BE RETURNED UPON REQUEST.
R E V I S I O N S
Drawn by:
Checked by:
TAC
TAC
JOB NUMBER 16027
BOZEMAN, MONTANA
BOZEMAN
Lofts and
10 AUG 2016
SUBMISSION
INFORMAL
Townhouses
South 11th Avenue
Bozeman, Montana
PROP. LINE
PROP. LINE PROP. LINE
PROP. LINE PROP. LINE PROP. LINE
PROP. LINE
PROP. LINE
PROP. LINE
PROP. LINE
(31' PUBLIC ACCESS AND
UTILITY EASEMENT
(31' PUBLIC ACCESS AND
UTILITY EASEMENT
4 BED TH
(3 STORY)
BLOCK II - 163 BEDS (43 UNITS)
161 SPACES (27 COVERED)
10 Spaces
9 Spaces
10 Spaces 10 Spaces
BLOCK IV - 138 BEDS (41 UNITS)
128 SPACES (18 COVERED)
BLOCK VI - 150 BEDS (45 UNITS)
151 SPACES (32 COVERED)
8 Spaces
CENTRAL
GREEN
CENTRAL
GREEN
BLOCK III - 110 BEDS (30 UNITS)
130 SPACES (12 COVERED)
6 Spaces 6 Spaces
BLOCK V - 148 BEDS (55 UNITS)
162 SPACES (40 COVERED)
7 Spaces
RETAIL
(1 STORY - 1800 SF)
BLOCK I - 178 BEDS (54 UNITS)
186 SPACES (48 COVERED)
12 Spaces
13 Spaces
RETAIL
(1 STORY - 1750 SF WITH
1750 SF ROOF TERRACE)
RETAIL
(2 STORY
700 S.F.)
2ND FL. BALCONY/ CORRIDOR (TH ENTRANCES)
4 BED TH
OVER CLUB
SPOOL
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
MEMORANDUM
----------------------------------------------------------------------------------------------------------
TO: DEVELOPMENT REVIEW COMMITTEE
FROM: MITCH WERBELL, ASSISTANT PLANNER
RE: SOUTH UNIVERSITY DISTRICT PHASE 2 MINOR SUBDIVISION
PRE-APPLICATION 16103
DATE: APRIL 13, 2016
----------------------------------------------------------------------------------------------------------
Project Description: A subsequent Minor Subdivision Pre-Application to further
subdivide an existing 19.37 acre tract within the South University District
Subdivision into one residential emphasis mixed-use lot and rights of way.
Project Location: Property generally located southeast of the intersection of South
11th
Avenue and Campus Boulevard, legally described as Lot 3, Phase I, South
University District Subdivision, situated in the Northwest One-Quarter (NW ¼),
Section 24, Township Two South (T2S), Range Five East (R5E), P.M.M., Gallatin
County, Montana.
Recommendation: Grant waivers as recommended in this memorandum.
The City of Bozeman Department of Community Development has considered the
minor subdivision pre-application plan review for Phase 2 of the South University
District Subdivision. The application proposes a second Minor Subdivision to
subdivide one existing lot of approximately 19.37 acres into one lot for multi
household development and rights of way. The following comments are offered for
consideration:
Planning:
1. A waiver to the supplemental information under 38.41.060, BMC is
recommended to be granted with this pre-application plan review for:
2) Floodplains 3) Groundwater
8) Agriculture 14) Educational facilities
15) Land use 19) Miscellaneous
255
Waivers to the supplemental information under 38.41.060, BMC recommended
to not be granted include:
1) Surface water
5) Vegetation
4) Geology, soils, and slopes
6) Wildlife
7) Historical features
9) Agricultural water user facilities
10) Water and sewer
11) Stormwater management
12) Streets, roads and alleys
13) Utilities
15) Land use
16) Parks and recreation facilities
17) Neighborhood center
18) Lighting plan
20) Affordable housing
All applicable information related to the above and listed in 38.41.060 BMC for
review are required with the preliminary plat application
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).
3. Campus Boulevard must be fully constructed to South 19th
Avenue prior to final
plat approval.
4. General regarding Lot 3. The remainder of the South University District Minor
Subdivision, Phase 2 of ______________________(insert legal description) 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 unit 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
256
final plat: “NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 3, of the
South University District Minor Subdivision, Phase 1, 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 this 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 3, of the South
University District Minor Subdivision, Phase 1, City of Bozeman, Gallatin
County, Montana until all required on and off site improvements are completed
and accepted by the City of Bozeman. No building structure requiring water or
sewer facilities shall be utilized on this lot until this restriction is lifted. This
restriction runs with the land and is revocable only by further subdivision or
the written consent of the City of Bozeman.”
5. The property contained within the existing and proposed public park
easements must be formally transferred to the City of Bozeman and indicated
on the final plat. Simultaneously with filing of the final plat, in conjunction with
required or offered dedications, the subdivider (or owner of the property being
subdivided if the owner is not the subdivider) must transfer ownership to the
City of all dedicated parkland proposed to be conveyed to the City and all its
right, title, and interest in any improvements made to such parkland or open
space. For the transfer of real property, the subdivider or owner of the
property must submit with the application for final plat a warranty deed or
other instrument acceptable to the City Attorney transferring fee simple
ownership to the City. The subdivider or owner of the property must record the
deed or instrument at the time of recording of the final plat with the original of
such deed returned to the City. For personal property installed upon dedicated
parkland or City owned open space, the subdivider must provide the City an
instrument acceptable to the City Attorney transferring all its rights, title and
interest in such improvements including all applicable warranties to such
improvements.
STANDARD CODE PROVISIONS
The preliminary plat must comply with the standards identified and referenced in
the Unified Development Code. 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 deviation or other relaxation of the lawful
257
requirements of the Bozeman Municipal Code or state law. The following
requirements are standards of the Unified Development Code and the Bozeman
Municipal Code (BMC) and shall be addressed with the preliminary plat application:
1. Per Section 38.06.030 Mortgagee. If there are liens or mortgages against the
property the appropriate Mortgagee certificate must be included.
2. Section 38.02.050 Disposition of Water Rights. Water rights, or cash-in-lieu
thereof, as calculated by the Director of Public Works, is due with the filing of
each subdivision final plat.
3. Section 38.23.020 Neighborhood Centers. – The supplemental information will
need to discuss how this phase of the South University District Subdivision will
address the requirement for a neighborhood focal point in addition to the
standard requirements for boulevard street trees, irrigation, seeding, sidewalks,
etc
4. Section 38.23.060, Utility easements shall be provided in accordance with the
UDC. The required 10-foot front yard easement is required for all lots unless
written confirmation is submitted with the preliminary plat from ALL utility
companies providing service indicating that front yard easements are not
needed.
5. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas shall
comply with the provisions set forth in Section 38.26.050.L.
6. Section 38.23.120, if mail delivery will not be to each individual lot within the
development, the developer shall provide an off-street area for mail delivery
within the development in cooperation with the USPS. It shall not be the
responsibility of the City to maintain or plow any mail delivery area constructed
within a City right-of-way.
7. Section 38.26.050.E Street Frontage. The property owners’ association
documents shall contain language stating that all street rights-of-way
contiguous to or within the proposed development site not used for street
pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall
be landscaped, as defined in the Bozeman Municipal Code, and shall include one
(1) large canopy tree for each 50 feet of total street frontage rounded to the
nearest whole number. For street trees, a City of Bozeman planting permit for
street trees and obtaining utility locations before any excavation begins in the
City of Bozeman right-of-way. The covenants shall include a planting note
stating that the planting hole shall be at least twice the diameter of the root ball,
that the root flare of the newly planted tree is visible and above ground, and
258
there shall be a mulch ring 3’- 4’ in diameter around each newly planted
boulevard tree.
8. Section 38.27.090 Waiver of Park Maintenance District. Executed waivers of
right to protest the creation of special improvement districts (SIDs) for a park
maintenance district will be required to be filed and of record with the Gallatin
County Clerk and Recorder, unless already filed with annexation or prior
development.
9. Section 38.38.020 “Property owners’ association”- All areas reserved for open
space and other common areas (i.e., storm water facilities to be owned and
maintained by the property owners’ association will need to be identified on the
preliminary plat as “common open space”, not “open space”, and so noted
accordingly in the property owners’ association documents.
10. 38.39.030.B.2 Sidewalks. The final plat and property owners’ association
documents shall include language stating that “upon the third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not
constructed said sidewalk shall, without further notice, construct within 30
days, said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot.”
11. Section 38.41.50A.5 Documents and Certificates. A draft copy of the covenants,
restrictions, and articles of incorporation for the creation of a property owner’s
association shall be submitted with the preliminary plat application for review
and approval by the Community Development Department and shall contain,
but not be limited to, provisions for assessment, maintenance, repair and
upkeep and maintenance of common open space areas, mail delivery areas,
stormwater facilities, public trails, snow removal, and other areas common to
the association pursuant to Article 41 of the Bozeman Unified Development
Code.
12. Section 38.41.050.A.8 requires that any noxious weeds be identified and
mapped by a person with experience in weed management and knowledgeable
in weed identification. A noxious weed management and revegetation plan,
approved by the County Weed Control District, shall be submitted with the
preliminary plat.
13. Section 38, Article 6. The certificates listed in Section 38.06.020 through
38.06.110 shall be shown on plat and certificates of survey, as appropriate.
14. Section 38, Article 41. All preliminary plat requirements, as outlined in Article
41, shall be provided with the preliminary plat submittal, unless otherwise
approved by the Development Review Committee via waiver.
259
15. A complete preliminary plat application must be submitted to the Community
Development Department within one calendar year of the date the Community
Development Department dates, signs and places pre-application comments in
the outgoing mail.
Preliminary Plat Submittal Requirements:
Four application forms are required for all Preliminary Plat Applications. These
documents detail all submittal requirements and each form must be completely
filled out and included with each digital copy of the submittal packet. The forms
include and are attached for reference.
Required Applications
1. Form A1 - Development Review Application
2. Form PP – Subdivision Preliminary Plat Required Materials
3. Form PP1 – Subdivision Preliminary Plat Checklist
4. Form N1 – Noticing Materials
Optional Applications (if necessary)
5. Form SVAR – Subdivision Variance Application
Note: The comments and advice contained in this DRC memorandum are
intended to assist the applicant in preparing the subdivision preliminary plat
application. However, further comments and/or recommendations on matters
not discussed during the informal view may arise based on the information
and supplemental data provided with the formal applications and applicable
comments provided by local and state agencies.
260
CITY OF BOZEMAN
ENGINEERING DEPARTMENT
Alfred M. Stiff Professional Building
20 East Olive Street
P.O. Box 1230
Bozeman, Montana 59771-1230
phone 406-582-2280
fax 406-582-2263
skohtz@bozeman.net
www bozeman net
MEMORANDUM
------------------------------------------------------------------------------------------------------------------------------
TO: DEVELOPMENT REVIEW COMMITTEE, MITCH WERBELL
FROM: SHAWN KOHTZ, DEVELOPMENT REVIEW ENGINEER
RE: SOUTH UNIVERSITY DISTRICT PHASE 2 MINOR SUBDIVISION PRE-
APPLICATION
DATE: 3-30-16
------------------------------------------------------------------------------------------------------------------------------
The following comments pertain to review of the submitted materials for the above referenced
project:
Standard Comments
1. The Gallatin County Conservation District, Montana Department of Environmental Quality, and
U.S. Army Corps of Engineers shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained and provided prior
to final plat approval.
Site Specific Comments
1. Sewer capacity will not be available for the proposed project until the “South University
District” Category 1 sewer main improvement project is complete. That sewer main
improvement must be complete prior to final plat approval. The sewer improvement is
defined in the City of Bozeman (COB) Wastewater Collection Facilities Plan Update.
2. The application materials indicate that an easement does not currently exist for extension of
South 11th
Avenue on the east side of the street. Per the current City streets policy, the full
street section must be constructed to the southern property boundary prior to final plat
approval. Right-of-way or an easement must be obtained for the eastern portion of the
street. The City is currently designing South 11th
Avenue from Graf Street to the southern
property boundary of the South University District property. It is likely that the property
owner on the east side of S. 11th
Avenue will provide the necessary easement.
3. The applicant shall coordinate the street cross section design with the City’s design for
extension of South 11th
Avenue to Graf Street. The City prefers not to have a median as the
remainder of South 11th
Avenue will not have a median.
261
Page 2
4. Campus Boulevard shall be extended from South 11th
Avenue to South 19th
Avenue to allow
a secondary emergency ingress and egress to the project as well as improve the
transportation network in this critical area.
5. An easement, or appropriate guarantee of dedication, shall be provided to accommodate the
roundabout at the future intersection of Campus Boulevard and 17th
Avenue per the South
University District Master Plan.
6. An easement shall be provided for the future extension of 14th
Avenue to the southern property
boundary at Arnold Street.
7. The intersection of South 7th
Avenue and Kagy Boulevard is within one half-mile of the
proposed project and has been identified as operating at a level-of-service (LOS) less than
“C.” BMC Section 38.24.060.B.4 states that all arterial and collector streets and
intersections with arterial and collector streets shall operate at a minimum level of service
"C". 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. This intersection must be upgraded to
a minimum LOS of “C” prior to final plat approval unless a variance is granted for this
condition.
8. The Conditions of Approval for the South University District Master Site Plan outlined in
the letter from Brian Krueger, dated April 17, 2012 are applicable to this project. Those
conditions will not be repeated in this memorandum.
9. Vision triangles shall be indicated on the site plan for drive accesses and intersections per
Bozeman Municipal Code (BMC 38.24.100).
10. 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 Kagy Boulevard including paving, curb/gutter, sidewalk, lighting,
and storm drainage.
b. Street improvements to South 11th
Avenue including paving, curb/gutter, sidewalk, lighting,
and storm drainage.
c. Intersection improvements to the intersection of South 11th
Avenue and West Kagy
Boulevard.
d. Intersection improvements to the intersection of South 7th
Avenue and West 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.
CC. ERF
Project File
262
263
264
265
266
J-518
AfterRecordingReturntd:
Susah B.MMmley, Attorney
atLaw
1807West Dickerson,UnitB
Bozeman, MT 59718
2478012
Page:1 of 11 94/0812014
11:29:0A0M Fee:$11.00
CharlottMeills-
GallatinCountyNT
MISC
SOUTH UNIVERSITY DISTRICT
PROTECTIVE AGREEMENTS
BINDING ALL PROPERTY OWNERS
(COVENANTS, CONDITIONS AND RESTRICTIONS)
BACKGROUND
RTR II,LLC, a Montana limited
liability company ("Declarant")isthe ,owner ofthe
realproperty
described on Lots 1,2 and 3 ofthe FinalSubdivision
PlatforSouth
UniversityDistricPthase 1, Minor
Subdivision,depicted on ExhibitA-1,
attached hereto
and made a parthereoffor
allpurposes.
Lots 1,2 and 3 are
subjecttothe terms,
conditionsand obligations
set forthinthese ProtectiveAgreements (the"CC&Rs").
Lots
1,2 and 3 of the FinalSubdivisionPlatforSouth
UniversityDistricPthase 1,Minor
Subdivisionarealsoreferredtoas South University
Distric(t"SUD"), being a master
planned development inthe City
of Bozeman, GallatinCounty,
Montana.
From time to time,additional
propertymay be annexed into,
made a part
of and
subjecttothese covenants
by Declarant through
a recorded amendment tothese
CC&Rs thataffirmativeleyxtends the
terms, conditionsand obligations
ofthese CC&Rs
to such additionaltractof land,the
legaldescriptionofwhich issetforthinsuch
amendment.
PARTIES BOUND
Whether individualloyr through
membership in a sub-association,allowners
of
property (collectively, the "Owners")
within the SUD that have been subjected
to the
terms and conditions of these Protective Agreements
Members of the Association shallbe individualowners of respective
tractsor one
or more sub-associationsrepresentingmultiple
individualowner(s) of lotsor unitswithin
a tractcreated by subdivision,condominiumization,
or phases
of a SUD property(each
individualOwner or sub-associationbeing a
"Member", but the multiple
owners of tracts
represented by a sub-association Member shall,
individually, not be a Member of the
Association although they take their
respectiveproperty,lotor unitsubject
to the terms
hereof). In no event shall
multipleowners of a single
tractbe granted additional
voting
rightsby virtueof the tract
being owned by multiple parties. Notwithstanding
the
foregoing,any person or entityholding
a property
as securityforthe
performance of any
obligationshallnot be a Member and there shallbe no more than one Member
for any
property held
jointly.For the
purposes of the overallSUDPOA,
individualproperty
owners and member sub-associationswillbe represented by
a Board of Directors(the
"Board") who are appointed
or elected as provided for
herein and subject to the
respectiveBylaws.
PURPOSE
The purposes
of these covenants, conditionsand restriction(sthe
"CC&Rs") are
threefold1):to
protectand maintain,
over time,propertyvalues,the
development vision
of the Declarant and to assure compliance
with the goals and
objectivesof the SUD as
provided in the most current version of the
adopted SUD Master Plan,
SUD Design
Manual (the "Design Manual")
and other standards stated herein; 2): establish an
overallOwners associationto which allfuturesubdivisions,phases, developments
and
sub-associationswithinthe SUD belong and;
3): provide a framework forthe various
subdivisions,phases, developments and/or the members of the Association
and the
Association policies and functions at
the then established rate and method of
assessment as has been determined by
the Board. As other propertieswithinthe
SUD are subjected
to these CC&Rs, thisdocument willbe amended to describe and to
ideorporatesuch properties.
AGREEMENTS
The terms, conditions, provisions and restrictions
in Part A below are a
requirement of the
City of Bozeman and may
not be amended, altered,modified or
rescinded with the consent of the governing body
of the City of Bozeman
and the
SUDPOA.
Part A. Permitted Uses and Use Restrictions:
1. Permitted Uses and Use Restrictions:Permitted and restricteduses shall
be those defined by the Residential
Emphasis Mixed-Use Zoning
Districotr the
most currentzoning of the annexed
property according to the
City of Bozeman
Unified Development Code and the most
currentversion of the adopted South
UniversityDistricMtaster Plan and Design
Manual.
2. Agricultural
Water User Facilities:An agricultural
water user facility
crosses the SUD and is operated by
a ditch company
also referredto as a
district.AH owners of realproperty
withinthe SUD acknowledge and
accept that
the owner of real property, private person
with rights and
entityor person
operating irrigation ditchon behalf of a water
rightholder or ditch
company isnot
liablefor
a. personal injuryor
property damage occurring on or withinthe real
property subject to these covenants resulting
from floodwaters
caused by rainfalolr other
weather conditionsor acts of nature;
b. personal injuryor
property damage occurring on another's land,
whether in the SUD or not,
and caused by
water seepage that
existed or began
before the injured person firstarrived
on or
obtained an interestin the land or before the
e. No change or modification
may be made to this
AgriculturaWlater
User Facilitycovenant without
writtenconsent of the Middle Creek
DitchCompany and the
person(s) legallyentitledtothewater under
the appropriatewater
rightor permit
of the district or privateperson
or entityto
holding the water
rightor
providingthe water
rightover
and across the SUD.
3. AH property
owners withinthe SUD acknowledge that
they have no right
,title
or interestof any kind with
respect to any
waters located withinthe Middle
Creek ditchas such waters are conveyed through
the conveyance system(s)
crossing the real property
withinthe SUD unless the same is allocatedand
permitted by ownership of shares in the Middle Creek
Ditch Company or
by
any other permitted
appropriateofwater
rights.
4. Weed Management. The control
of noxious weeds by the Association
on
those areas for which the Association is responsible
and the control of
noxious weeds by individual
owners on their respective lots shall be
as
required by the Montana Noxious Weed Control Act
(7-22-2101, MCA
through7-22-2153, MCA, as
amended) and the rules, regulations
and
management plans of the Gallatin
County Weed Control District.Both
unimproved lotsand
improved lotsshallbe managed
for noxious weeds. In
the event that a landowner does not controlnoxious weeds after10
days
noticefrom the Association,the Association may
cause the noxious weeds to
be controlled. The cost and expense
associated with such weed
management shallbe assessed to the lotand such assessment
may become
a lien,subordinate to the
(b) At such time as the Declarant and/or his
assigns hold no ownership
interestin the SUD, the three initial Director
positionswillbe
relinquishedfrom
theirseats on the Board. By electionor
appointment, the five
development
blocks willbe allowed two Directorseach and these willappoint
an eleventh
Directorto maintain an odd number of Directors.Ifat any
time there isa vacancy
in a respective development
Block's Directors,untilsuch vacancy
is filled,the
remaining Directorshallhave two votes.
2. Officers:The Board shallelectfrom itsranks a President to preside
over
meetings and a SecretaryfTreasurer
to maintain records of allproceedings,
records and
finances. These officersmay hire or
appoint assistantsto carry
out theirday to
day
duties.
3. ARC: The Board shall appoint
a three member architecturalreview
committee (the "ARC") to
review conformity of
subdivision,site plan
and building
proposals with the Design
Manual. The members of the ARC need not be Owners.
The ARC shallfollowthe review guidelinesprovided
inthe Design Manual and
does not
have the authorityto withhold
approval of
any proposal that is in
conformity with the
Design Manual. The ARC
may cede itsreview authority
to other Owner Associations
subsequently created for
projects within the SUD future
development blocks.
Vacancies on the ARC shallbe fillebdy
the Board.
4. Board of Directors:Decisions ofthe Board shallbe made
by majorityvote
of the Directors. Any
Directorshallbe entitledto provide
his proxy, for all
purposes.
The rulesofgovernance
of the Association shallconform to the by-laws
when they are
promulgated and, ifnecessary,
filedinthe publicrecord.
common improvement. Any unpaid
Annual or Special Assessment shallbe alien
upon
the property
owned by such
defaulting Member and may
be collected by judicial
process, includinglienforeclosure,together
with reasonable attorney'sfees; however,
any such lienis
specifically subordinate,juniorand inferior
to (i)any assessment,
lienor
charge infavorofthe State of Montana or
any political subdivisionthereof;
(ii)allliens
securing sums due or to become due under
any duly recorded and validFirst
Mortgage
Lien;and (iii) any
other lienor claim to which the Directorsof the Association,in
their
sole discretion,agreed to subordinate thislien.For
purposes hereof,a First
Mortgage
Lien isa purchase-money lien,
constructionmoney mortgage or deed of trust
lien,or a
refinancingof those liensand of
any previouslyrefinanced lien,voluntarilygranted
on
any property inthe SUD that is
subject to the terms of these CC&Rs that isrecorded
before the date on which the assessment sought
to be enforced becomes delinquent
under these CC&Rs or amendments or modificationsto it. Funds advanced under a
First Mortgage Lien for
purposes in addition to
purchase money, construction or
refinancingshallalso have priority
over the liensecurity
assessments. AII common
propertiesowned by
the Association or dedicated to any political
subdivisionshallbe
exempted from assessments and lienscreated herein.
6. Funds/Accounts: The Association shallmaintain separate
funds for the
payment of common expenses
and the collectionof assessments.
7. Tracking Uses: Based on the
trackingtables provided
withinthe Master
Plan and in cooperation
with the City of Bozeman,
the Board shalltrackthe amount of
commercial uses withinthe SUD based on acreage
or square footage,trackthe
amount
of parkland dedicated
2. Required Approvals: No structureshall
be constructed without the final
approval of the ARC as
provided in the
Design Manual and the
City of Bozeman.
Approval by the ARC does not imply
or substituteforapproval by the
CityofBozeman.
3. Plan Submissions. Where the owner of a propertysubject
to the terms of
these CC&Rs desires to construct improvements
on the property,as defined
by the
Design Manual, itshallsubmit a
plan of the proposed
work to the ARC. The plan
shall
include the elements for review outlined in the Design
Manual to allow the ARC to
evaluate the suitability of
the proposed work. The ARC,
by majorityvote shall,within
not to exceed thirty(30) days
afterreceipt,review the
plan for compliance
with the
Design Manual and approve,
conditionallyapprove or
deny it-this process
shall
continue untilthe ARC approves the
respective plan or the Owner elects to not re-
submit the Plans forARC approval.
Ifthe ARC failsto approve, conditionallaypprove
or
deny a plan
withinthe foregoing time
period,the plan
shallbe deemed to have been
approved. Time isofthe essence herein.
4. Liability.Neither Declarant,
the Association,the Board and itsDirectors,
and the ARC and itsmembers shall be liablein
damages or otherwise to
anyone
submitting plans and specifications
for approval or to
any owner of land affected
by
these CC&Rs by reason of
mistake ofjudgment, negligence,
or nonfeasance arisingout
of or in connection with the approval
or disapproval or failureto
approve or to
disapprove any such plans
and specifications.Furthermore,
no approval of
any plans
Part F. Amendments:
Amendments to parts
of these CC&R's not requiredtobe
approved by the
Cityof
Bozeman may be
completed by a 2/3rds vote of the Board of Directors.Amendments
to partsofthese CC&R's
thatare requiredby
the Cityof
Bozeman may be
completed by
a 2/3rds vote of the Board of Directors and approval
by the City
of Bozeman.
Notwithstanding the foregoing,any
amendment to the method of levyingassessments,
selectingDirectorsforthe Association,
the subordinationofthe Association'slien,or the
method of amending these CC&Rs shallalso
requirethe affirmativevotes of 2/3rds of
the Members of the Association. AII amendments must be filedin the officeof the
Gallatincounty Clerk and Recorder.
Part G. Duration:
These CC&Rs and the covenants, restrictions, charges
and liensset out herein
shallrun with and bind the land,
and shallbe enforceable by the
Associationfora term
beginning on the date that these
CC&Rs are recorded and continuing through and
includingDecember 31, ,
afterwhich time these CC&Rs shallbe automatically
extended for successive five (5) year
periods unless 2/3rds of the Members of the
Association (and Declarant ifitstillowns lands
within the SUD that are not yet
encumbered by these
CC&Rs) vote in person
or by proxy to not
furtherextend the
durationhereof.
IN WITNESS WH REOF, the undersigned
has executed these CC&Rs as
of the Z8 day of
Mr ,201 .
Declarant:
RTR II,LLC, a Montana limited
liability
company
By: Three River
Capital,LLC, member
By:
Name: 6=ok & ete.cli
Title: ft+\ .eL
STATE OF )
:ss
County of )
On this day of ,
201 , before me,
IN WITNESS WHEREOF, Ihave hereunto set
my hand and affixedmy
Notarial
seal the day and
year firsatbove written.
Notary Publicforthe State of Montana
[printedname]
Residing at
Montana
My Commission expires:
(SEAL)
9
v6sbs
275
ACKNOWLEDGMENT
StateofCaliforla
County of LA )
On (E 8, beforeme, A( Otry
(insertname and titloeftheofficer)
personallyappeared , .
who proved to me on the
basis of satisfactory
evidence to be the person(s)
whose name(s) islare
subscribedtothewithininstrumentand acknowledged
to me thathelsheltheyexecuted the same in
his/her/their authorizedcapacity(ies)and , that
by his/her/their signature(s)
on the instrumentthe
person(s),or the entityupon
behalfofwhich the person(s)acted,executed
the instrument.
Icertifuynder PENALTY
OF PERJURY under the laws oftheStateofCalifornitahattheforegoing
paragraph istrueand correct.
IIIIIIIIIIIIIllilllillillllfilllIIIIIIII
ERICAEICHHORN g
WITNESS my hand and official
seal. Commission
a 2028293 5
Nolary Public -
Califomia
MarinCounty
My Comm.Expires Jun
9,2017E
MillumillmilliallumilliallillinsIIIIIIIII
Signat . eal)
276
Exhibit
A-1
FINAL
SUBDIVISION
PLAT
~-
SOUTH
UNIVERSITY
DISTRICT
PHASE 1
MINOR
SUBDIVISION
..
Lace
led
in
the
SW1/4
of
813
&
the
NW1/4
824,
728.
R5E,
P.M.M.,
City
of
Bozeman,
Gallatin
Caunty,
MT.
*
2410
4)
I
I
I
I
er
&3
.s
ship
No
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MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
SUD Phase 2 Development Traffic Impact Study Page 1
INTRODUCTION
The following narratives serve as a summary report of operational impacts that
could be associated with the proposed Phase 2 development of the South
University District, herein referenced as the SUD Phase 2 development. The
narrative figures and appendix encompass all intersections that would potentially
be impacted by Phase 2 development, including all intersections between arterial
and collector streets within a 0.5-mile radius of the development.
PROPOSED SITE DEVELOPMENT
The proposed development property is located south of Kagy Boulevard with the
northern boundary parallel to Campus Boulevard; the eastern boundary located
along S 11th Avenue; the southern boundary along undeveloped property; and
the western boundary along S 14th Avenue, as shown in Figure 1. Phase 2, Lot 1
is within a large tract of land known as the South University District, which is
located South of 19th Avenue and south of Kagy Boulevard. The development
will be known as the Bozeman Lofts and Townhomes (“Lofts”) and will be built on
a 16.05-acre parcel. The apartments will contain 887 bedrooms in 268
apartment units. The apartments will be nearly identical to those contained in
SUD Phase 1, which is located south of Phase 2. In addition to the apartment
complex, there would be approximately 3,550 square feet of retail space
containing complimentary commercial businesses. This Traffic Impact Study
(TIS) addresses potential impacts associated with full development of both
residential and commercial land uses within the Phase 2 property boundary.
Access to the property will initially be served by S. 11th Avenue. In future SUD
development phases, Campus Boulevard will be extended to S 19th Avenue
where Campus Boulevard will become the fourth leg of an existing intersection
with Stucky Road. In addition, planning and design of an extension of S 11th
Avenue to Graf Street is currently underway and an extension of Graf Street from
S 3rd Avenue is currently under construction.
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The aforementioned projects will provide alternative connections for the SUD
Phase 2 property development. This TIS addresses potential impacts to the
adjacent street system based upon the initial access conditions and future
conditions (year 2031) that would be associated with new street system facilities.
EXISTING CONDITIONS
Streets & Intersections
Potentially impacted intersections located within 0.5-miles of the proposed
development site are Kagy Boulevard intersections with S. 11th Avenue, and S.
7th Avenue. The planned intersections of S. 19th Avenue and Stucky Road, and
Graf Street and S 11th Avenue would also have potential for impacts by the year
2031.
Kagy Boulevard is currently a two lane street with left-turn lanes at its intersection
with S 11th Avenue and bike lanes east of S14th Avenue. Kagy Boulevard
extends from a termini point just west of S. 19th Avenue, past the MSU campus,
to rural areas east of Bozeman. Montana Department of Transportation (MDT) is
currently in the process of designing extensive improvements to Kagy Boulevard
between S 19th Avenue and S 3rd Avenue. Preliminary design activity has
resulted in a future street section with 5 lanes, including a continuous two-way
left-turn lane. Bike paths are included along its length and pedestrian tunnel/s
are under consideration to provide safe pedestrian crossings of Kagy Boulevard.
South 11th Avenue extends from a point south of Campus Boulevard north, thru
the MSU campus, to an intersection with Main Street. It currently operates with
one lane for each direction of travel and includes bikes lanes on either side. At
its intersection with Kagy Boulevard it accommodates separate left-turn lanes on
all four legs of the intersection.
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South 7th Avenue extends from a point south of Kagy Boulevard to West Grant
Street, approximately 0.35 miles north of Kagy. South 7th Avenue has served as
a secondary access to surface parking lots, south of the MSU Student Union
Building. At the present time, building projects (including a new parking
structure) has removed the parking, which is being accommodated by the
stadium parking lot in the southeast corner of Kagy Boulevard and S 11th
Avenue. The northbound approach to this intersection serves to access
corporate offices with a finite demand in the am, pm, and noon hours. The
southbound approach has a separate right-turn lane and a thru/left-turn lane,
while the northbound approach has a single lane approach. A marked
pedestrian crossing of Kagy Boulevard exists on the west side of the intersection.
Existing Traffic Volumes
Electronic traffic counters were used to count traffic on South 11th Avenue, south
of Kagy Boulevard and on Kagy Boulevard, west of S 11th Avenue. Additional
electronic counters were placed on Campus Boulevard and the main access to
Stadium View Apartments (SUD Phase 1). In addition, electronic counts taken in
2015 on Arianna Way were used to document total vehicular traffic accessing the
existing apartment units. Peak am and pm traffic counts were taken both
manually and with Mio-vision cameras (provided by Sanderson Stewart) in 2016.
Hourly traffic volume summaries from those counts can be found in Appendix A
of this report. The results of these counts are illustrated in Figure 2. Also shown
in Figure 2, are the Average Weekday Traffic (AWT) volumes. In comparing
these counts to the SUD Phase 1 study in 2011, it was discovered that there was
only modest traffic growth on Kagy Boulevard while more substantial growth
occurred on S 11th Avenue, both north and south of Kagy Boulevard.
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It should be noted that the peak am hour of traffic on the arterial streets occurs
between 7:30 and 8:30 while there is no definitive peak am hour at local street
intersections. Peak pm hour traffic at the arterial intersections occurs between
4:45 and 5:45 pm. The peak hour of traffic for the Stadium View Apartments
occurs between 7:00 and 8:00 pm with approximately 37% of the total average
weekday traffic (AWT) occurring after 6:00 pm.
Existing Capacity
Capacity calculations were completed for the study intersections based on
existing geometry and traffic volume counts. Table 1 provides a summary of the
calculation results and the calculations can be found in Appendix B of this report.
LTR LTR LTR LTR
Control Delay (s/veh) 10.7 8.3 14.2 29.3 25.9 26.6 28.6 27.3
LOS BA BC CC CC
V/C Ratio 0.31 0.54 0.09 0.81 0.05 0.16 0.44 0.28
Queue Length (95%) 89 214 22 34
LTR LTR LTR LTR
Control Delay (s/veh) 14.0 10.1 12.5 29.9 25.7 24.2 38.9 25.1
LOS BB BC CC DC
V/C Ratio 0.35 0.53 0.04 0.85 0.44 0.26 0.77 0.38
Queue Length (95%) 58 111 43 65
LTR LTR LTR LT R
Control Delay (s/veh) 10.0 8.7 74.7 69.8 16.4
LOS BAFF C
V/C Ratio 0.12 0.05 0.33 0.23 0.10
Queue Length (95%) 112 1 1
LTR LTR LTR LT R
Control Delay (s/veh) 9.3 9.5 35.2 99.3 16.4
LOS AAE F C
V/C Ratio 0.05 0.00 0.39 0.51 0.19
Queue Length (95%) 102 3 1
LTR LTR
Control Delay (s/veh) 9.1 7.4
LOS AA
V/C Ratio 0.04 0.02
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 9.6 7.4
LOS AA
V/C Ratio 0.09 0.03
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 8.8 7.3
LOS AA
V/C Ratio 0.01 0.01
Queue Length (95%) 00
LTR LTR
Control Delay (s/veh) 8.9 7.3
LOS AA
V/C Ratio 0.00 0.03
Queue Length (95%) 00
A
Movement Group
Overall LOS
S. 11th Avenue & Campus
Boulevard Peak PM Hour
A
Overall LOS
S. 11th Avenue & Campus
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Delay, Level-of-service (LOS), Volume to Capacity (v/c) ratios, and Vehicle
Queue projections are used as Measures of Effectiveness (MOE) within Table 1.
All intersections, approaches and movements currently operate at LOS “C” or
better except for the southbound left lane on South 11th Avenue, which operates
at LOS “D” with 38.9 seconds delay per vehicle during the peak PM hour, and
both the northbound and southbound approaches on S 7th Avenue and Kagy
Boulevard, operate at LOS “F” in the am and pm hours
DEVELOPMENT TRAFFIC PROJECTIONS
Trip Generation
The proposed apartment complex that would be constructed in Phase 2 is unlike
any of the ITE Trip Generation Report land uses since it would be a cross
between a Dormitory and a Mid-rise Apartment. Since 2011, when the traffic
study for SUD Phase 1 was completed, number of studies have been completed
for similar developments. Rather than interpreting a number of studies at various
locations across the country, it was decided to develop custom trip generation
rates based on actual vehicular traffic accessing the Stadium View Apartments
(SUD Phase 1). There are three vehicular access points to the existing complex:
the main access to S 11th Avenue, Campus Boulevard, and Arianna Way on the
south side of the complex. Three traffic counters were set at each of the
accesses for a one-week period in 2016 and a two-week period on Arianna Way
in 2015 (see Appendix A). In addition to the counters, manual counts were
conducted at the Main Access and the Campus Boulevard access during peak
hours. The manual counts also noted pedestrians and bicycles accessing the
apartment complex. Correlation between manual and electronic counts
confirmed that bicycles were being recorded by the counters. Adjustments to
electronic count numbers were necessary and made uniformly throughout the
counting period.
Table 2 presents the hourly variation in total autos and bikes accessing the
Stadium view apartments over the average weekday counting periods. There
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are 1,672 vehicles entering and leaving the apartment complex and there are
499 beds within the complex. The apartment complex was at full capacity at the
time of the counts. The trip generation rates were calculated to be 3.35 AWT
trips per resident with 0.12 trips in the am hour and 0.28 trips in the peak pm
hour.
Main Access Campus Blvd Arianna Way Totals
Hour Average Average Average Average % of
Begin Weekday Weekday Weekday Weekday Weekday
0 20 2 2 24 1.4%
1 92112 0.7%
2 4127 0.4%
3 2114 0.2%
4 2114 0.2%
5 71311 0.7%
6 11 2 6 19 1.1%
7 38 5 8 51 3.1%
8 44 4 10 58 3.5%
9 44 3 12 59 3.5%
10 49 6 15 70 4.2%
11 56 9 13 78 4.7%
12 65 6 13 84 5.0%
13 67 10 18 95 5.7%
14 81 7 15 103 6.2%
15 81 9 17 107 6.4%
16 105 9 21 135 8.1%
17 108 13 19 140 8.4%
18 96 13 18 127 7.6%
19 109 14 19 142 8.5%
20 94 8 21 123 7.4%
21 81 11 13 105 6.3%
22 50 6 10 66 3.9%
23 38 3 7 48 2.9%
Total 1399 146 265 1672 100.0%
AWT AM PM
No. Beds 499 3.35 0.12 0.28
Table 2. Auto & Bike Access Traffic - Stadium View Apartments
Calculated Vehicular Trip Rates
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Peak hour manual counts also established trip generation rates for bicycle and
pedestrian trips. It was determined that approximately 30% of all trips were
made by the pedestrian mode and approximately 10% were made by bike mode.
The bike and pedestrian rates were also assigned to the final traffic projections
within this study.
For the 3,350 square feet of retail development, ITE Trip Generation Report Land
Use Code # 814 – “Specialty Retail” was used because it normally provides a
relatively conservative estimate of trip generation when specific businesses are
unknown. The impact associated with complimentary commercial land uses to
residential developments is difficult to quantify because of many unknowns.
However, if the commercial facilities are matched to the needs of the residents,
the net effect may be a reduction in external vehicular traffic and an increase in
localized pedestrian trips within the boundaries of the development.
Table 3 summarizes the total vehicular and pedestrian/bike trip generation for the
proposed development in Phase 2. The 887 resident units would generate
approximately 2,815 auto trips, 312 bike trips, and 1,341 pedestrian/ bike trips on
the average weekday. Commercial development would add approximately 157
trips, but approximately 94 trips, would be internal capture trips associated with
pedestrian/bike modes made within the confines of the development boundaries
and 31 trips would be passerby trips. Therefore, the commercial land use would
only add 32 average weekday vehicular trips external to the site. In total, this
development would generate approximately 2,690 vehicular trips and 1,653
ped/bike trips that would be new and added to the existing traffic on the
surrounding street system.
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Table 3. South University District Phase 2 Development Trip Generation
No. of Rate Total Total Total
Units Units Rate Trips Rate Trips Enter Exit Rate Trips Enter Exit
Student Apartments 887 Residents 1 2971 2 106 50 56 3 248 159 89
Code 826 Speciality Retail 3.55 1000 sf 4 157 5 24 12 12 6 10 5 5
Total Auto & Bike Trips = 3128 130 62 68 258 164 94
Auto Trips (-10% Bikes) = 2815 117 56 61 232 148 85
Pedestrian Trips (30% of Total) 1341 56 27 29 111 70 40
Internal Capture - Retail Trips 94 14 7 7 6 3 3
Passerby Traffic - Retail 31 5 3 2 2 1 1
125 19 10 9 8 4 4
2690 98 46 52 224 144 81
1 - T = 3.36(X) 2 - T = 0.12 (47% enter) 3 - T = 0.28(X) (64% enter)
4 - T = 44.32(X) 5 - T = 6.84(X) (48% enter) 6 - T = 2.71(X) (44% enter)
Peak PM Hour
Total Trip Mode and Class Reductions =
New Development Land Uses
Trip Class Adjustments
Total Development Net Auto Trips =
Ave.Hour Weekday Peak AM
Trip Distribution
The distribution of vehicular trips was based upon existing directional traffic
movements at key intersections adjacent to the development site. Bike/ped
distribution was based upon local area attractions and activities and travel
distances. Figure 3 is a graphic representation of trip distribution percentages for
vehicular trips. Since there are a number of new street segments that will exist
within the near future, Figure 3 provides initial and future trip distribution
percentages. Approximately 41% of the vehicular trips would have origins and
destinations to the north, on South 11th Avenue, and 37% would have origins and
destinations to the north and west using South 19th Avenue. Only 2% of the trips
would be to the north and east, using South 7th Avenue, while 15% would have
origins and destinations to the east, using Kagy Boulevard east of South 7th
Avenue. The remaining 5% of total vehicular trips would have origins and
destinations south of the development and accessed by South 19th Avenue.
Pedestrian and bicycle trips would all be directed to and from the north. It was
assumed, based upon campus attraction densities and walking routes, that 60%
of the ped/bike trips would use South 11th Avenue, while the remaining 40%
would use South 7th Avenue. It was also assumed that all ped/bike trips would
cross Kagy Boulevard at the South 11th Avenue intersection signal.
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Traffic Assignment
Site traffic assignments were completed using the trip generation projections in
Table 3 and the trip distribution percentages discussed in the preceding section.
The initial development traffic assignment assumes that the existing street
system would be in-place when the development is complete. While that
assumption is not the most likely scenario, resulting traffic impacts on existing
intersections can be viewed as the baseline condition. Figure 4 presents the
AWT and peak hour site traffic assignments on the street system. It is very clear
that all of the traffic impacts would be concentrated on S 11th Avenue and it
intersections. Figure 5 presents site traffic assignment on the future system
which includes the Campus Boulevard extension, Graf Street Extension, and the
S 11th Avenue extension. The most significant difference between Figure 5 and
Figure 4 is the reduction in site traffic on Kagy Boulevard west of S 11th Avenue.
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TRAFFIC IMPACTS
Existing Plus Development Traffic Volumes
Figure 6 illustrates the combination of existing am and pm design hour traffic
volumes and development generated traffic at each of the key study intersections
for full development of SUD Phase 2. Also shown in Figure 6 are the resultant
AWT volumes and the percentage increases over existing traffic that would be
attributable to the Phase 2 development. In this case, S 11th Avenue, south of
Kagy, would have the highest volume of site generated traffic and also the
highest percentage increase of any of the area streets at 256%. It should be
noted that, normally traffic impacts on streets that are less than 10% are not
considered to be significant because daily traffic variations on any street routinely
exceed 10%.
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Capacity
Capacity calculations (see Appendix B) indicate that all approaches and all
movements at the key intersections would be similar to existing LOS at all
intersections except that some additional movements would operate below “C” at
the S 11th Avenue intersection, if the Phase 2 South University District
development existed today. Table 4, below, presents a summary of the MOE’s
for each intersection and for each approach lane at each of the intersections. In
comparing Table 4 to Table 1, it can be seen that appreciable variations in the
LOS, delay and v/c ratios occur for individual movements on the northbound and
southbound legs of the S 11th Avenue and Kagy Boulevard intersection in the pm
hour. At the S 7th Avenue intersection with Kagy Boulevard, the northbound and
southbound legs would remain at LOS “F” during both the am and pm peak
hours. Queue lengths would vary within individual lanes, with the most critical
being on the eastbound and westbound through lanes and on the northbound
left-turn lane during the peak pm period. All of the minor street accesses on S.
11th Avenue to SUD Phase 1 and 2 would operate at LOS “B” or better for
existing plus site traffic conditions.
Typically, a two lane streets in an urban environment can carry between 6,000
and 9,000 vehicles per day and still operate at LOS “C”. Three lane streets can
carry up to 18,000 vehicles while 5 lane streets max-out at approximately 30,000.
Thus, it would appear that S 11th Avenue would still be within its ideal operating
range, while Kagy Boulevard is and will be well above its ideal operating range.
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LTR LTR LTR LTR
Control Delay (s/veh) 10.7 8.6 14.6 29.6 26.5 27.2 29.3 27.7
LOS BA BC CC CC
V/C Ratio 0.31 0.56 0.12 0.82 0.16 0.27 0.51 0.34
Queue Length (95%) 58 111 22 34
LTR LTR LTR LTR
Control Delay (s/veh) 14.0 11.3 13.8 29.9 36.0 25.2 92.9 26.4
LOS BB BC DC F C
V/C Ratio 0.35 0.60 0.13 0.85 0.71 0.40 1.00 0.52
Queue Length (95%) 7 10 2 11 10 5 7 9
LTR LTR LTR LT R
Control Delay (s/veh) 10.1 8.7 78.6 73.0 16.4
LOS BAFF C
V/C Ratio 0.12 0.05 0.34 0.23 0.10
Queue Length (95%) 112 1 1
LTR LTR LTR LT R
Control Delay (s/veh) 9.4 9.6 38.3 113.2 16.8
LOS AAE F C
V/C Ratio 0.05 0.00 0.42 0.55 0.20
Queue Length (95%) 102 3 1
LTR LTR
Control Delay (s/veh) 10.1 7.5
LOS BA
V/C Ratio 0.05 0.06
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 12.4 7.9
LOS BA
V/C Ratio 0.13 0.12
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 9.6 7.4
LOS AA
V/C Ratio 0.04 0.04
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 11.1 7.7
LOS BA
V/C Ratio 0.07 0.08
Queue Length (95%) 10
LTR LTR LTR LTR
Control Delay (s/veh) 9.6 8.4 7.3 7.3
LOS BAAA
V/C Ratio 0.04 0.02 0.00 0.02
Queue Length (95%) 1101
LTR LTR LTR LTR
Control Delay (s/veh) 10.2 8.5 7.5 7.3
LOS BAAA
V/C Ratio 0.07 0.04 0.00 0.02
Queue Length (95%) 1101
Movement Group
S. 11th Avenue & Stadium View
Apartments Main Access Peak
PM Hour
Movement Group
Table 4. Existing Plus Site Traffic Capacity Analysis Summary
Intersection MOE EB WB NB SB
Overall LOS
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Future Traffic
The City of Bozeman’s Municipal Code (BMC) requires that all traffic impact
studies analyze all arterial and collector street intersections within a 0.5-mile
distance from the site development. The BMC indicates that all intersections
must operate at LOS “C” or better in the future, which is defined as 15 years
beyond the development year. For this development, several previous studies
have been completed in an effort to develop design data for the Graf Street and
the S 11th Avenue extensions as well as a TIS for the Yellowstone Theological
Institute development along the Graf Street Extension. The prior efforts resulted
in models that redistributed existing traffic to the planned street system and
projected development traffic growth as well as external traffic growth on the
street system. All of the previous traffic projections were combined and adjusted
to year 2031 conditions in order to determine a reasonable estimate of future
traffic volumes at the key study intersections.
It can be seen that the extension of S 11th Avenue would carry approximately
4,400 AWT in the year 2031 and the Graf Street Extension would have an AWT
of approximately 4,000. The majority of traffic on both of these extensions would
be traffic that would have otherwise been on Kagy Boulevard east of S 11th
Avenue.
Figure 7 presents the AWT and peak hour traffic projections that resulted from
the traffic algorithms used in this study. Since the new street extensions would
place the site within a 0.5-mile distance of two new intersections (S 19th & Stucky
Road and Graf Street & S 11th Avenue) traffic projections at those intersections
are also shown in Figure 7.
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Future Conditions Plus Site Traffic
Figure 8 illustrates traffic assignment volumes associated with full development
of the proposed site (Figure 5) combined with year 2031 traffic projections
(Figure 7). The traffic volumes shown in Figure 8 are used to evaluate future
capacity conditions in satisfaction of the BMC requirements.
Future Capacity
Table 5 (page 22) presents a summary of the MOE’s for each intersection and for
each approach lane at each of the intersections in the year 2031. In calculating
the future capacity, it was assumed that all of the future street improvements and
extensions would be constructed as currently planned. Kagy Boulevard would
have a five lane section and traffic signals at both S 11th Avenue and at S 17th
Avenue. The S 11th Avenue extension would have two-lane traffic with bike
lanes and its intersection with Graf Street would be a single lane roundabout.
The intersection of S 19th Avenue and Stucky Road/Campus Boulevard would
add a fourth signal indication and S 19th Avenue would have 5 lanes of traffic.
Capacity analysis results indicate that all of the intersections and lanes would
operate at LOS “C” or better in the year 2031 with projected future traffic plus site
traffic conditions. It should be noted that the intersection of N 7th Avenue and
Kagy Boulevard could feasibly be a roundabout and operate at a better LOS than
with a traffic signal.
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LTR LTR LTR LTR
Control Delay (s/veh) 15.9 28.5 13.4 24.3 15.3 30.2 16.1 26.6
LOS BC BC BC BC
V/C Ratio 0.41 0.64 0.09 0.39 0.04 0.64 0.10 0.45
Queue Length (95%) 78 25 16 26
LTR LTR LTR LTR
Control Delay (s/veh) 20.9 29.9 14.6 29.8 17.3 29.7 17.4 27.4
LOS CC BC BC CC
V/C Ratio 0.49 0.65 0.05 0.65 0.45 0.63 0.43 0.53
Queue Length (95%) 98 17 79 85
LTR LTR LTR LTR
Control Delay (s/veh) 6.2 15.3 6.0 15.6 27.4 27.7 27.5 28.3
LOS A B A BC CC C
V/C Ratio 0.10 0.34 0.10 0.38 0.02 0.07 0.04 0.16
Queue Length (95%) 25 36 01 11
LTR LTR LTR LTR
Control Delay (s/veh) 7.3 16.9 6.2 16.1 27.5 28.5 27.7 28.6
LOS CC BC BC CC
V/C Ratio 0.23 0.48 0.01 0.41 0.04 0.19 0.07 0.21
Queue Length (95%) 58 06 12 11
LTR LTR
Control Delay (s/veh) 13.6 7.8
LOS B A
V/C Ratio 0.07 0.26
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 16.7 8.2
LOS C A
V/C Ratio 0.17 0.27
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 12.9 7.7
LOS B A
V/C Ratio 0.12 0.22
Queue Length (95%) 10
LTR LTR
Control Delay (s/veh) 15.2 8.2
LOS C A
V/C Ratio 0.10 0.23
Queue Length (95%) 10
LTR LTR LTR LTR
Control Delay (s/veh) 13.2 12.9 7.6 7.8
LOS BBA A
V/C Ratio 0.04 0.02 0.00 0.02
Queue Length (95%) 1101
LTR LTR LTR LTR
Control Delay (s/veh) 14.4 14.2 7.8 7.7
LOS BBA A
V/C Ratio 0.07 0.10 0.00 0.02
Queue Length (95%) 1101
LTR LTR
Control Delay (s/veh) 11.2 7.5
LOS B A
V/C Ratio 0.01 0.18
Queue Length (95%) 00
LTR LTR
Control Delay (s/veh) 11.5 7.7
LOS B A
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
SUD Phase 2 Development Traffic Impact Study Page 23
MITIGATING MEASURES
Capacity analysis for both existing conditions and for existing plus site traffic
conditions indicate that there would be operational concerns at Kagy Boulevard
intersections with S 11th Avenue and S 7th Avenue. Since reconstruction of Kagy
Boulevard is at least five years away, interim improvement would be required to
mitigate existing conditions. The following sections present an analysis of interim
improvements within the five-year window.
Year 2021 Traffic Projections
Year 2021 traffic projections were based on the assumption that both the Graf
Street and S 11th Avenue extensions would be completed within five years.
Previous modeling of existing traffic redistribution associated with those roadway
extensions was used in conjunction with site traffic assignments (Figure 5) to
determine traffic volumes at the two Kagy Boulevard intersections. In addition,
an assumed increase in background of approximately 10% was added to
entering traffic in the am and pm peak hours. Figure 9 presents the results of the
year 2021 traffic projections. In comparing the Figure 9 volumes to existing am
and pm peak hours, it can be seen that through traffic on Kagy Boulevard is
slightly less than existing, but through traffic on S 11th Avenue is substantially
greater, due to redistribution associated with the new streets and added site
traffic.
321
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
SUD Phase 2 Development Traffic Impact Study Page 24
322
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
SUD Phase 2 Development Traffic Impact Study Page 25
Mitigation Concepts
Various concepts were reviewed and eliminated from consideration for a variety
of reasons. However, two different concepts have the potential to provide
measurable operating benefits at the Kagy Boulevard intersections. An analysis
of 64 different signal phasing concepts at the intersection of S 11th Avenue and
Kagy Boulevard indicated that three or four phasing schemes have potential for
serving as an interim improvement. Of the three of four phasing concepts, it
appears that two phase operation with an 85 second cycle time would have the
highest potential efficiency. Table 6 indicates that the intersection of Kagy
Boulevard and S 11th Avenue could operate at LOS “B” in the year 2021 with the
aforementioned signal phasing.
At the S 7th Avenue intersection with Kagy Boulevard, it would appear that signal
warrants would not be met and an all-way stop would create more delay. In
discussions with Sanderson Stewart, Kagy Boulevard reconstruction consultants,
it was discovered that they have been evaluating alternative interim
improvements that involve adding a continuous two-way left-turn lane between S
11th Avenue and the raised median east of S 7th Avenue. They also indicated
that the existing ped x-ing on Kagy Boulevard could be moved to the east side of
S 7th Avenue. Capacity analysis of the center turn lane addition to the S 7th
Avenue intersection was completed and the results reported in Table 6. While
the northbound and southbound legs of the intersection would still operate below
LOS “C”. the improvements would eliminate the LOS “F” operations and
eliminate approximately 60 seconds of delay per vehicle. In addition, storage for
left-turning traffic along the entire length of Kagy Boulevard would bring the Kagy
Boulevard arterial corridor into a desirable operating range, commensurate with
its AWT.
323
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
SUD Phase 2 Development Traffic Impact Study Page 26
LTR LTR LTR LTR
Control Delay (s/veh) 12.2 16.0 10.7 12.3 17.1 18.5 17.3 18.4
LOS BB BB BB BB
V/C Ratio 0.37 0.66 0.15 0.40 0.09 0.29 0.12 0.27
Queue Length (95%) 8 111 52 42 4
LTR LTR LTR LTR
Control Delay (s/veh) 13.4 16.6 10.9 15.2 24.6 19.5 20.0 21.0
LOS BB BB CB CC
V/C Ratio 0.48 0.68 0.18 0.62 0.62 0.40 0.44 0.54
Queue Length (95%) 13 10 1 9 7 6 4 8
LTR LTR LTR LT R
Control Delay (s/veh) 9.0 8.3 34.1 30.0 13.2
LOS AAD D B
V/C Ratio 0.11 0.04 0.20 0.11 0.08
Queue Length (95%) 111 1 1
LTR LTR LTR LT R
Control Delay (s/veh) 9.0 9.1 19.1 39.1 15.3
LOS AAC E C
V/C Ratio 0.05 0.01 0.24 0.30 0.19
Queue Length (95%) 102 3 1
Table 6. Future Year 2021 Conditions with Interim Improvements - Capacity Analysis Summary
Intersection MOE EB WB NB SB Intersection
Movement Group OVERALL
Kagy Boulevard & S. 11th
Avenue Peak AM Hour
15.3
B
0.50
Movement Group OVERALL
Kagy Boulevard & S. 11th
Avenue Peak PM Hour
17.8
B
0.66
Kagy Boulevard & S. 7th Avenue
Peak PM Hour
C
Movement Group Overall LOS
Kagy Boulevard & S. 7th Avenue
Peak AM Hour
C
Movement Group Overall LOS
CONCLUSIONS & RECOMENDATIONS
The development of the SUD Phase 2 Lot 1 property would not substantially
cause additional impacts to the safety and efficiency of any of the area streets or
intersections. However, traffic generated by the development would exacerbate
existing capacity deficiencies at two intersections on Kagy Boulevard. If the site
were developed today, the southbound leg of the Kagy Boulevard and S 11th
Avenue intersection would operate at LOF “F” in the peak pm hour and both the
northbound and southbound legs of the S 7th Avenue and Kagy Boulevard
intersection would continue to operate at LOS “F”.
In addition to vehicular traffic impacts, a substantial increase in pedestrian traffic
will be created, specifically at the intersection of S 11th Avenue and Kagy
Boulevard. The sheer volume of pedestrian traffic crossing at that intersection
would tend to increase vehicular delay.
324
MARVIN & ASSOCIATES 1300 N. Transtech Way Billings, MT 59102
SUD Phase 2 Development Traffic Impact Study Page 27
Future traffic (year 2031) on area streets is projected to increase at least 2% on
an annual basis. Even though redirection of existing traffic, created by
construction of new street links, would relieve some traffic demand on Kagy
Boulevard, traffic volumes would still be higher than the desirable operating
levels of a two lane street. However, planned street system improvements that
are scheduled to be constructed in the next 5 years will drastically improve the
carrying capacity of the entire area street system and all intersections will then
operate at LOS “C” of better. During the interim period, improvements at the two
Kagy Boulevard intersections would be required to allow safe and efficient
operations until the long term improvements to Kagy Boulevard can be
implemented. The City of Bozeman is already considering interim improvements
to Kagy Boulevard that will mitigate existing problems. Since, our analysis
indicates that the potential solutions to those problems will also accommodate
the site development added traffic, it would appear that the proposed
development would satisfy provisions of the BMC when the interim improvements
are complete.
325
326
327
V/C Ratio 0.01 0.15
Queue Length (95%) 00
LTR LTR LTR LTR
Control Delay (s/veh) 5.8 8.5 5.0 6.4
LOS A A A A
V/C Ratio 0.24 0.45 0.07 0.16
Queue Length (95%) 1311
LTR LTR LTR LTR
Control Delay (s/veh) 6.2 5.9 5.0 7.7
LOS A A A A
V/C Ratio 0.24 0.26 0.05 0.21
Queue Length (95%) 1211
LTR LTR LTR LTR
Control Delay (s/veh) 7.4 7.4 9.9 9.4
LOS A A A A
V/C Ratio 0.00 0.00 0.01 0.02
Queue Length (95%) 0000
LTR LTR LTR LTR
Control Delay (s/veh) 7.4 7.5 10.2 9.6
LOS A A B A
V/C Ratio 0.01 0.00 0.02 0.02
Queue Length (95%) 0000
LTR LTR LTR LTR
Control Delay (s/veh) 21.0 34.1 16.5 34.6 13.1 26.4 13.2 24.1
LOS CC BC BC BC
V/C Ratio 0.57 0.18 0.01 0.25 0.17 0.49 0.11 0.32
Queue Length (95%) 63 02 36 25
LTR LTR LTR LTR
Control Delay (s/veh) 26.2 31.6 18.2 31.9 15.2 19.8 11.2 31.2
LOS CC BC BB BC
V/C Ratio 0.69 0.19 0.02 0.24 0.17 0.26 0.17 0.82
Queue Length (95%) 73 12 24 512
Movement Group OVERALL
Kagy Boulevard & S. 11th
Avenue Peak AM Hour
25.7
C
0.62
Table 5. Future Year 2031 Conditions Capacity Analysis Summary
Intersection MOE EB WB NB SB Intersection
Movement Group OVERALL
Kagy Boulevard & S. 11th
Avenue Peak PM Hour
27.1
C
0.70
Movement Group OVERALL
Kagy Boulevard & S. 7th Avenue
Peak AM Hour
15.6
B
0.30
Movement Group OVERALL
Kagy Boulevard & S. 7th Avenue
Peak PM Hour
17.0
B
0.41
Movement Group Overall LOS
S. 11th Avenue & Stadium View
Apartments Main Access Peak
AM Hour
A
Movement Group Overall LOS
S. 11th Avenue & Stadium View
Apartments Main Access Peak
PM Hour
A
Movement Group Overall LOS
S. 11th Avenue & Campus
Boulevard Peak AM Hour
A
Movement Group Overall LOS
S. 11th Avenue & Campus
Boulevard Peak PM Hour
A
Movement Group Overall LOS
SUD Phase 2 Access A & S 11th
Avenue Peak AM Hour
C
Movement Group Overall LOS
SUD Phase 2 Access A & S 11th
Avenue Peak AM Hour
C
Movement Group Overall LOS
SUD Phase 2 Access B & S 11th
Avenue Peak AM Hour
A
Movement Group Overall LOS
SUD Phase 2 Access B & S 11th
Avenue Peak PM Hour
A
Movement Group
S. 11th Avenue & Graf Street
Peak AM Hour
Movement Group
S. 11th Avenue & Graf Street
Peak PM Hour
Movement Group Overall LOS
Campus Blvd & S 14th Avenue
Peak AM Hour
A
OVERALL
7.3
A
0.45
OVERALL
6.0
A
0.26
Movement Group Overall LOS
Campus Blvd & S 14th Avenue
Peak AM Hour
A
Movement Group OVERALL
Campus Blvd/Stucky & S 19th
Avenue Peak AM
24.0
C
0.55
Movement Group OVERALL
Campus Blvd/Stucky & S 19th
Avenue Peak PM
27.2
C
0.71
320
C
Kagy Boulevard & S. 11th
Avenue Peak PM Hour
29.1
C
0.85
Movement Group
Kagy Boulevard & S. 7th Avenue
Peak AM Hour
Intersection
Movement Group OVERALL
Kagy Boulevard & S. 11th
Avenue Peak AM Hour
19.6
B
Movement Group OVERALL
0.65
Overall LOS
C
Movement Group
Kagy Boulevard & S. 7th Avenue
Peak PM Hour
Movement Group
S. 11th Avenue & Stadium View
Apartments Main Access Peak
AM Hour
Overall LOS
A
Overall LOS
A
Overall LOS
A
C
S. 11th Avenue & Campus
Boulevard Peak AM Hour
Movement Group
S. 11th Avenue & Campus
Boulevard Peak PM Hour
Movement Group
SUD Phase 2 Access A & S 11th
Avenue Peak AM Hour
Overall LOS
A
Overall LOS
C
Overall LOS
Movement Group
SUD Phase 2 Access A & S 11th
Avenue Peak AM Hour
315
Boulevard Peak AM Hour
A
Overall LOS
A
Overall LOS
Intersection
Overall LOS
C
Overall LOS
C
OVERALL
19.1
B
0.63
OVERALL
23.0
C
0.78
Table 1. Existing Peak Hour Capacity Analysis Summary
Movement Group
Kagy Boulevard & S. 11th
Avenue Peak PM Hour
Movement Group
Kagy Boulevard & S. 11th
Avenue Peak AM Hour
Kagy Boulevard & S. 7th Avenue
Peak PM Hour
Intersection MOE EB WB NB
Movement Group
S. 11th Avenue & Stadium View
Apartments Main Access Peak
AM Hour
Movement Group
S. 11th Avenue & Stadium View
Apartments Main Access Peak
PM Hour
Movement Group
SB
Movement Group
Kagy Boulevard & S. 7th Avenue
Peak AM Hour
Movement Group
304
CDMGE502,4,5,6
CDMGE752,4,5,6
Median Profile
CDMGM252,4,5,6
CDMGM502,4,5,6
CDMGM752,4,5,6
Safety Profile
CDMGS252,4,5,6
CDMGS502,4,5,6
CDMGS752,4,5,6
DALI2,4,5,6
Digitally Adressable
Lighting Interface
DMG-AST*2,4
Adjustable
Startup Time
DMG-CLO*2,4,5
Constant Light Output
DMG-OTL*2,4
Over The Life
*Includes 0-10v dimming
None
(leave blank)
FAWS5
Field
Adjustable
Wattage
Selector
(optional)
Standard:
RCD1,3,7
Receptacle
for twist-lock
photocell or
shorting cap,
5-pin
(standard)
Optional:
RCD73,7
Receptacle
for twist-lock
photocell or
shorting cap,
7-pin
(optional)
None
(leave blank)
SP28
20kV / 20kA
Surge Protector
(optional)
HS
House side shield,
1 per 16 LED light
engine
PH83
Twist-lock
Photoelectric Cell,
UNIV (120-277VAC)
PH8/3473
Twist-lock
Photoelectric Cell,
HVU (347VAC)
PH8/4803
Twist-lock
Photoelectric Cell,
HVU (480VAC)
PH8XL3
Twist-lock
Photoelectric Cell,
extended life, UNIV
(120-277VAC)
PH93
Shorting cap
BK
Black finish
BR
Bronze finish
GY3
Gray finish
WH
White finish
1. Please note these integrated features come standard with RoadFocus luminaires.
2. Denotes programmable driver option. Not available with HVU (347-480volt).
Not available with 1050 mA versions (108W32LED, 160W48LED).
3. Use of photoelectric cell or shorting cap is required to ensure proper illumination.
4. Not available with HVU (347-480volt).
5. FAWS not available with AMPD, CDMG options, DALI or CLO.
6. Dimming choices: Select either DMG or AMPD or one of the CDMG options or DALI.
7. When RDC7 option is selected you will get 7-pin instead of standard RCD 5-pin.
8. When SP2 option is selected you will get SP2 instead of standard SP1.
Project:
Location:
Cat.No:
Type:
Lamps: Qty:
Notes:
298
is
as
or
4.
2+
us
as
NNa
m.
Marian
1
Fal
t'
277
the undersigned, a
Notary Public for the State of
Montana, personally appeared
known to me to be the of Three River
Capital,LLC, the manager
of RTR
II,LLC, a Montana limitedliability
company, and known to me to be the
person whose
name is subscribed to the instrument above and
acknowledged to me that helshe
executed the same forthe purposes
thereinexpressed.
8
v6sbs
274
or specificationsby
the ARC shall imply that such
plans or specifications
meet or
comply with applicable
laws, codes, and regulations.
Part D. SiteDevelopment
Standards:
AIIdevelopments withinthe
SUD are subjectto the most
currentversion of the
adopted Design Manual forthe SUD and the Bozeman
Uniform Development Code
(the
"UDC"). In addition,
street rights-of-way
not used for pavement,
curbs, gutters,
sidewalks or driveways
shallbe landscaped and
maintained as per
Section 38.26.050 E
of the UDC. Any
sidewalk required as a
part of a UDC or subdivisionimprovement
requirement shalleitherbe installedor
financiallgyuaranteed. By no laterthan the third
anniversary of the filing
of a finalplatfor
the respective property,required
sidewalks
shallhave been installedby the
respectivepropertyowner regardless
of whether or not
improvements have been made
upon the property.
Part E. Nuisances:
No Owner shallmaintain a nuisance upon their
property and no sub-association
Member shall allow a nuisance to be maintained on a lot or unit within the sub-
association. In determining
the existence of a nuisance, due
considerationshallbe
given to the character of the SUD
as defined in itsadopted Master Plan, Design
Manual, thisinstrument,and the erected structures
permitted by the ARC. Ifan action
to abate a nuisance is brought,
itis agreed that
the view of a majority
vote of the
Members thata nuisance existsshallbe
given material
weight by the court.
7
v6sbs
273
or provided withinthe
SUD and promulgate
and implement rules
for use of publicparking spaces, including
the creationof parking districts,
ifneeded.
Where requested, the Directors
may assistOwners in the creationand
implementation
of rulesforuse of privateparking
areas and serve as an arbiterforutilizatioonfparking
spaces shared between uses.
The terms, conditions,provisionsand restrictions
ofthisfl7are a
requirement of the City
of Bozeman and may
not be amended, altered,modified or rescinded with the
consent
of the governing body
oftheCityofBozeman
and the SUDPOA.
8. Cost Sharing Agreements. The Directorsshallhave
the power to enter
intoagreements with the owners of other lands
forthe mutual use and sharing of
cost of
maintenance and improvement ofAssociation
assets withinthe SUD through creation
of
a Special Improvements
Districotr otherforms of agreement.
Part C. Architecturaland BuildinqRestrictions:
1. Desiqn Manual and Code of
Requirements: All
buildingswithinthe SUD
are subject to
the most current version of the adopted Design
Manual for the South
UniversityDistricatnd the Bozeman Uniform
Development Code.
6
v6sbs
272
5. Assessments: The Association Directors shall,by majority
vote, be
entitledto assess each Member, an annual
monetary assessment for common
expenses (the "Annual Assessment"),
such assessment being payable within20
days
afterreceiptof an invoicethereforfrom
the Association. The common expenses may
include,but are not limitedto,snow
removal, maintenance of streetsand street
lighting,
bicycleparking,trails,mail
drop offareas, parking
areas, weed control,open spaces,
parklands,storm water controland
drainage facilities and other components
ofthe SUD
which they deem are of common
use and benefitto the Owners and Owner groups;
however, (i)the maintenance of individual
driveways and parking
areas shallnot be a
common expense, and
(ii)the common expense
for parkland/open spaces
and streets
shallbe determined by the Board after
contractingfor landscaping,
snow removal, and
any other parkland/open
space and streetmaintenance and/or reconstructionthatthe
Directorsdeem necessary; provided,thatallcommon
area landscaping maintained
by
the SUDPOA shallbe by
contractwith a professionallandscape person
or company.
The Association shall be empowered
to allocate each such expense
to individual
Members in a uniform manner as adopted by
the Board. Additionally,the Association
may, by majority vote, assess each Member
a special assessment
(the "Special
Assessment") for the purpose
of defraying,
in whole or in part,
the cost of any
construction or reconstruction,unexpected repair or
replacement of a described
5
v6sis
271
projectfinancing,ifnot
paid within30 days
of the
mailing of such assessment. Nothing
herein shall require or
obligatethe
GallatinCounty Weed Districtto undertake
any management or enforcement
on behalfofthe Association or owners thatisnototherwise requiredby
law or
the Weed Districrtulesand regulations.
Part B. Property Owners'
Association.Organization and Powers:
1. Board of Directors:
(a) The SUDPOA shallbe
govemed by a Board of Directors.So
long
as the Declarant and/or itsassigns
maintain an ownership interest
inthe SUD,
the Board of Directorswillbe selected as follows:The initial Board shallconsist
of three Directorsappointed by
the Declarant (no
Directorisrequired to be an
Owner). At the time of filing
of a finalplator final
development plan within
any of
the fivedevelopment blocks
identifiedin the SUD Master Plan, one additional
Directorshallbe appointed by
the Declarant and one additionalDirectorshallbe
elected or appointed by subsequent
sub-associations or Owners within the
respectivedevelopment block. Each of the five
development blocks withinthe
SUD Master Plan Area shallbe entitledto one directoron the SUDPOA Board.
The SUDPOA Board shallnot exceed 9 members.
4
v6sbs
270
damaged property
was firstplaced
on the land; ifthe
seepage does not carry
toxic
chemicals onto the land;
c. injury
to a person or
property,while without authorizationof the
districotr privateperson
or entity,
the person or
property ison the
land or water controlledby
the districotr privateperson
or entity,
unless the district or privateperson
or entityis
engaged inwillfuolr
wanton misconduct; or
d. death from drowning,
unless the districotr privateperson
or entity
was grosslynegligentor
engaged inwillfuolrwanton misconduct.
3
v6sbs
269
sub-associations to share common maintenance responsibilities
as provided herein.
The common maintenance responsibilities
and cost distributionmsay
be modified from
time tb time as iswarranted.
LEGAL EFFECT
These CC&R's, untilamended or revoked by
the Board shallbe binding upon
each signatory,any person who
isthe successor to a signatory
as an Owner, and all
Owners withinthe SUD of property
thathas been annexed hereto.
The South UniversityDistrict
Property Owner's Association,a Montana
nonprofit
corporation,with a mailing
address of 67 VillageDrive,Ste.205
BelgradeMontana 59714,
or itssuccessor association,may bring an action in the
courts with jurisdiction
in
GallatinCounty, Montana, to
fullyenforce these CC&Rs and to recover
damages for
breach or enforcement, including reasonable
attorneys'fees, as determined by
the
Court, to be awarded to the successful
party. AIIlegal
and equitableremedies shall
be
availableto fully
enforce and give effectto
these CC&Rs.
Afterfilinogfthese
initial CC&Rs, the Declarant shallhave the
authorityand right
to subject,as well as
annex, into these covenants future phases,
subdivisionsand
developments withinthe SUD project
area. Such action shallbe subject
to the same
regulations as stated herein and
subject to financialassessments to
implement
2
v6sbs
268
(the "CC&Rs") or that are
annexed hereto through an
amendment to these CC&Rs, are subject
to the terms
hereof and shall be members of the South University
DistrictProperty Owner's
Association ("SUDPOA",
or "Association").
v6sbs
267
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
BICYCLES
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER 1 BED FLAT
2ND FL. BALCONY/ CORRIDOR
4 BED TH
OVER 1 BED FLAT
4 BED TH
OVER 1 BED FLAT
4 BED TH
OVER 1 BED FLAT
4 BED TH
OVER 1 BED FLAT
4 BED TH
OVER 1 BED FLAT
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
4 BED TH
OVER CLUB
BICYCLES
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
5 BED TH OVER
2 BED FLAT
(OP. RETAIL)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
5 BED TH OVER
2 BED FLAT
BICYCLES BICYCLES
HC HC
HC HC
4 BED FLAT
(3 STORY) 2 BED FLAT
(3 STORY)
2 BED FLAT
(3 STORY)
4 BED FLAT
(3 STORY)
4 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
2 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
2 BED FLAT
(3 STORY)
4 BED FLAT
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
3 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
HC HC
2 BED FLAT
(3 STORY)
2 BED FLAT
(3 STORY)
2 BED FLAT
(3 STORY)
1 BED FLAT
(3 STORY)
1 BED FLAT
(3 STORY)
1 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
4 BED FLAT
(3 STORY)
3 BED FLAT
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED FLAT
(3 STORY)
2 BED FLAT
(3 STORY)
1 BED FLAT
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
4 BED TH
(3 STORY)
BICYCLES
HC HC
BICYCLES
HC HC
HC HC
HC HC
HC HC
HC HC
MAINTENANCE
1 BED FLAT
(OVER
MAINT.)
1 BED FLAT
(OVER
MAINT.)
POOL HOUSE/
GAME ROOM
CAMPUS BLVD.
S. 14TH AVE.
S. 13TH AVE.
S. 11TH AVE.
S. 12TH AVE.
UNNAMED STREET
THIS DRAWING IS THE PROPERTY OF NEQUETTE ARCHITECTURE & DESIGN INC. AND IS NOT TO BE REPRODUCED, COPIED OR ALTERED IN WHOLE OR IN PART OR USED WITHOUT THE APPROVAL OF NEQUETTE ARCHITECTURE
& DESIGN, INC, AND IS TO BE RETURNED UPON REQUEST.
R E V I S I O N S
Drawn by:
Checked by:
TAC
TAC
JOB NUMBER 16027
BOZEMAN, MONTANA
BOZEMAN
Lofts and
10 AUG 2016
SUBMISSION
INFORMAL
Townhouses
South 11th Avenue
Bozeman, Montana
A-02
SITE DIMENSION PLAN
1
A-02
SITE DIMENSIONAL PLAN
1" = 40'-0"
N
254
A-01
CONTEXT PLAN
1 N
A-01
SITE CONTEXT PLAN
1" = 60'-0"
SITE STATISTICS TABLE
PROJECT AREAS:
LOT AREA: 16.05 ACRES 699,212 SQ. FT.
TOTAL BUILDING COVERAGE: 97,376 SQ. FT. (14%)
PARKING AND DRIVES: 301,237 SQ. FT. (43%)
LANDSCAPING AND OPEN SPACE: 300,599 SQ. FT. (43%)
TOTAL FLOOR AREA: 356,356 SQ. FT.
FLOOR AREA RATIO: .50
PARKING TABLE:
ON-SITE PARKING SPACES: 827 SPACES
ON-STREET PARKING SPACES: 91 SPACES
TOTAL PARKING SPACES: 918 SPACES
253
Block
2
16.05 16.05 5.72 3.86 0 0.8 4.66 Phase 2
Block
3
11.77 9.14
Block
4
18.38 15.04
Block
5
18.02 3.68
Total 80.45 57.39 10.52 10.59 0 3.45 14.04
248