HomeMy WebLinkAbout02-06-17 CC Mtg - C2. S. University District Findings of FactCommission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Mitch WerBell, Assistant Planner
Martin Matsen, Director of Community Development
SUBJECT: South University District Phase 2 Minor Subdivision Preliminary Plat Findings of
Fact and Order, Application 16469
MEETING DATE: February 6, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the South
University District Phase 2 Minor Subdivision Preliminary Plat Application 16469.
BACKGROUND: On January 23, 2017, the City Commission reviewed the application for preliminary
plat approval for the South University District Phase 2 Minor Subdivision. After Commission
questioning, Staff responses and recommendations, the Deputy Mayor offered an amended motion with a
modification to Condition of Approval No. 4. The Commission voted unanimously to approve the
proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with
all applicable regulations and all required criteria.
State law provides that the governing body shall “provide a written statement to the applicant detailing the
circumstances of the condition imposition.” The statement must include: 1) the reason for the condition
imposition; 2) the evidence that justifies the condition imposition; and 3) information regarding the appeal
process for the condition imposition. To proceed with submitting a final plat application for the initial
phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: None at this time.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues from new development, along with increased costs to deliver municipal services to the
property. Impact fees will be collected at the time of issuance of building permits for individual lots
along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: January 24, 2017
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the South
University District Phase 2 Minor Subdivision Preliminary Plat, Application
16469
Public Hearing Date: City Commission public hearing was held January 23, 2017 at 6:00 pm.
Project Description: A preliminary plat application requesting the subsequent minor
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.”
Findings of Fact and Order Date: February 6, 2017
Staff Contact: Mitch WerBell, Assistant Planner
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues exist at this time.
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 in opposition to the subdivision at the January
9, 2017 City Commission meeting. The City Commission voted 5:0 at its January 23, 2017
public meeting to approve the subdivision with the recommended conditions and all applicable
code provisions with one modified condition. Section 3 of the findings of fact and order reflects
the amended condition of approval. This report includes the oral findings made by the
Commission and Staff in Sections 7 and 8. 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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Commission Action
The Bozeman City Commission held a public meeting on Monday, January 23, 2017 to review
the application and hear public testimony. No public comment was received at the January 23,
2017 public hearing. The City Commission discussed the proposed preliminary plat application
in regards to the character of the area and the intent of the subdivision and zoning district; and
reviewed the application against the requirements of the Montana Subdivision and Platting Act.
After Commission questioning, staff responses and recommendations, Deputy Mayor Andrus
offered an amended motion with a modification to Condition of Approval No. 4. The strike-
through and underline below note the change. Sections 7 and 8 of this report include the findings.
“In accordance with the approved zoning entitlement called the “South University District
Master Plan,” the subdivider must complete one of the following two options must be
completed prior to final plat approval:
The subdivider must construct South 11th
Avenue must be constructed 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.”
The Commission found that, with conditions, the Minor Subdivision Preliminary Plat
Application would comply with those requirements; and adopted the findings presented in the
staff report for Application 16469 and unanimously voted to approve the preliminary plat
application, with the conditions as outlined in the staff report and one amended condition, 5:0.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ............................................................................... 11
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 11
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ..................... 13
SECTION 5 – DRC ADVISORY COMMENTS ......................................................................... 15
SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 16
SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 17
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 17
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 20
Preliminary Plat Supplements ........................................................................................... 24
SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 34
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 36
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 36
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 38
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 38
FISCAL EFFECTS ....................................................................................................................... 38
ATTACHMENTS ......................................................................................................................... 38
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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,” one of the following two options must be completed prior to final plat
approval:
South 11th
Avenue must be constructed 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
roundabout at the intersection of South 17th
Avenue and Campus Boulevard in
accordance with the South University District Master Plan.
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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
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
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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
Quality. The subdivider shall also provide professional engineering services for
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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
Development Review Committee
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.
Planning Board
This subdivision is a minor subdivision from a tract of record and does not require Planning
Board review.
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City Commission
Having reviewed the application against the criteria established for a minor subdivision, Staff
recommends conditional approval as submitted.
The Bozeman City Commission held a public meeting on Monday, January 23, 2017 to review
the application and hear public testimony. No public comment was received at the January 23,
2017 public hearing. The City Commission discussed the proposed preliminary plat application
in regards to the character of the area and the intent of the subdivision and zoning district; and
reviewed the application against the requirements of the Montana Subdivision and Platting Act.
After Commission questioning and staff responses and recommendations, Deputy Mayor Andrus
offered an amended motion with a modification to Condition of Approval No. 4. The strike
through and underline below note the change. Sections 7 and 8 of this report include the findings.
“In accordance with the approved zoning entitlement called the “South University District
Master Plan,” the subdivider must complete one of the following two options must be
completed prior to final plat approval:
The subdivider must construct South 11th
Avenue must be constructed 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.”
The Commission found that, with conditions, the Minor Subdivision Preliminary Plat
Application would comply with those requirements; and adopted the findings presented in the
staff report for Application 16469 and voted 5:0 to approve the preliminary plat application, with
the conditions as outlined in the staff report and one amended condition.
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:
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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
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
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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 voted 5:0 to approve the minor subdivision at the January 23, 2017 public
hearing. 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.
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 City received the easement on
January 23, 2017. 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.
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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
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
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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
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
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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.
During the preliminary review of the project this subdivision, the City Commission had not yet
adopted the Street Impact Fee Fund Capital Improvement Plan for FY18-22. Staff drafted an
original condition which required the subdivider to construct either South 11th
Avenue or
Campus Boulevard to provide secondary emergency access. The City Commission subsequently
approved the CIP for FY18-22 which includes SIF project #102 (construction of South 11th
Avenue from Kagy to Graf). Now that the funding is secure and the construction of South 11th
Avenue is planned for 2018, the subdivider associated with this project is only responsible for
the proportionate share of South 11th
Avenue as it is a funded public street construction project.
The City Commission considered the subdivision at its January 23, 2017 public meeting and
asked questions about the proportionality of the costs and responsibility of the construction of
South 11th
Avenue. The code requires streets to be constructed to City standards where adjacent
to real property associated with zoning and subdivision applications. The Public Works Director
offered for the record that this project will be eligible for street impact fee reimbursement for the
full construction of South 11th
Avenue if the subdivider makes a formal request. Planning Staff
also responded that the wording of the condition should be revised to ensure that the subdivider
is not solely responsible for the construction of South 11th
Avenue in its entirety. Staff offered a
suggestion of revised language to Deputy Mayor Andrus which is reflected in this report. Deputy
Mayor Andrus made a motion and included an amendment to use the revised Condition of
Approval No. 4 language. The Commission voted 5:0 to approve the subdivision with the
recommended conditions.
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 formerly indicated the publicly dedicated mains as 12-inch in
diameter. The subdivider corrected 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.
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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
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
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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
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
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impact the surrounding wetlands. As the South University District continues to develop,
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
Wastewater Collection Facilities Plan Update, Section 38.23.070.A.1, and the regulations of the
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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 noted several dedicated 12-inch mains. The
City of Bozeman Design Standards and Specifications Policy requires 15-inch storm sewer
mains. The subdivider corrected this item.
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
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
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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.
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,
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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.
During the preliminary review of the project this subdivision, the City Commission had not yet
adopted the Street Impact Fee Fund Capital Improvement Plan for FY18-22. Staff drafted an
original condition which required the subdivider to construct either South 11th
Avenue or
Campus Boulevard to provide secondary emergency access. The City Commission subsequently
approved the CIP for FY18-22 which includes SIF project #102 (construction of South 11th
Avenue from Kagy to Graf). Now that the funding is secure and the construction of South 11th
Avenue is planned for 2018, the subdivider associated with this project is only responsible for
the proportionate share of South 11th
Avenue as it is a funded public street construction project.
The City Commission considered the subdivision at its January 23, 2017 public meeting and
asked questions about the proportionality of the costs and responsibility of the construction of
South 11th
Avenue. The code requires streets to be constructed to City standards where adjacent
to real property associated with zoning and subdivision applications. The Public Works Director
offered for the record that this project will be eligible for street impact fee reimbursement for the
full construction of South 11th
Avenue if the subdivider makes a formal request. Planning Staff
also responded that the wording of the condition should be revised to ensure that the subdivider
is not solely responsible for the construction of South 11th
Avenue in its entirety. Staff offered a
suggestion of revised language to Deputy Mayor Andrus which is reflected in this report. Deputy
Mayor Andrus made a motion and included an amendment to use the revised Condition of
Approval No. 4 language. The Commission voted 5:0 to approve the subdivision with the
recommended conditions.
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.
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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
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.
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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
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
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property. Staff found that the South University District Covenants, Conditions and Restrictions
filed with the Gallatin County Clerk and Recorder’s Office did not include a written date for
expiration. The landowner amended the document to reflect a valid duration period and filed the
amended documents with the Clerk and Recorder prior to preliminary plat approval.
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.
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SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted. The applicant presented to the City a proposed preliminary plat to allow the
subdivision of one tract of approximately 108 acres into one lot for development, two parks,
one restricted development lot and dedicated rights-of-way.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application for South University District Phase 2 Minor
Subdivision was considered by the City Commission at a public meeting on January 23, 2017
at which time the Department of Community Development Staff reviewed the project and
stated that one public comment had been received prior to the meeting in response to the
noticing on the matter of this preliminary plat application.
D. Davis Maxwell from Capstone Collegiate Communities presented the project and
background information about the applicant and acknowledged agreement with the
recommended conditions of approval.
E. The project engineer, Cordell Pool from Stahly Engineering and Associates agreed with the
Staff suggestion to modify the language in Condition of Approval No. 4.
F. The City Commission requested public comment and none was presented.
G. The City Commission discussed the merits of the project and added a revision to the
conditions of approval prior to voting.
H. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
I. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
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review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
J. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for one (1) year from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2017
BOZEMAN CITY COMMISSION
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned 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
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
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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
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 City Commission
voted 5:0 at its January 23, 2017 public meeting to approve the subdivision with the
recommended conditions and all applicable code provisions with one modification to a
recommended condition. Section 3 of the findings of fact and order reflects the amended
condition of approval. This report includes the oral findings made by the Commission and Staff
in Sections 7 and 8.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.
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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.
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 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.
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