HomeMy WebLinkAbout17- Findings of Fact and Order - Opportunity Sub-Division Major Subdivision Return to:
City of Bozeman
City Clerk
P.O. Box 1230
Bozeman MT 59771-1230
16235, Finding of Fact and Order for the Opportunity Sub-Division Major
Subdivision
Public Hearing Date: Planning Board met on December 6,2016
City Commission with public hearing was held January 9, 2017
Project Description: A Preliminary Plat Application to subdivide 20.31 acres into six (6) lots:
Five lots will be for commercial development,the sixth for a stormwater detention facility and the
construction of Kimberwike Street, Max Avenue and Rawhide Ridge.
Project Location The subject property is located at 2525 North 19th Avenue and legally described
as a Tract of land as shown on Certificate of Title 331 (excepting there from that portion conveyed
to the State of Montana by bargain and sale deed recorded in film 140,page 2686), located in the
Southeast'/4 of Section 35,Township 1 South,Range 5 East,Principal meridian Montana(P.M.M.)
City of Bozeman, Gallatin County, Montana.
Action: Approval with conditions per Sections
Motion: "Having reviewed and considered the application materials,public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for application
16235 and move to approve the Opportunity Sub-Division Major Subdivision with conditions and
subject to all applicable code provisions."
Staff Contact: Mayana Rice,Associate Planner
Shawn Kohtz,Development Review Engineer
Agenda Item Type: Consent(Quasi-judicial)
Page 1 of 23
16235 Findings of Fact for the Opportunity Suh-division Page 2 of 23
PROJECT SUMMARY
The property owner, Bozeman 6 LLC, 600 Main Street, Butte MT 59701, and representative,
Madison Engineering, 895 Technology Blvd, Suite 203,Bozeman MT 59718 request to subdivide
20.31 acres into six (6) lots: Five lots are for commercial development,the sixth for a stormwater
detention facility and the construction of Kimberwike Street, Max Avenue and Rawhide Ridge.
The property is zoned B-2 (Community Business District).
This project originated as the Town Pump #6 and Rawhide Master Site Plan in October of 2015.
Sec. 39.20.100 North 19th Avenue/West Oak Street entryway corridors requires a Master Site Plan
for nonresidential development proposals. A preliminary Master Site Plan was submitted to the
Department of Community Development proposing the overall street circulation, utility
infrastructure,wetland delineation and property lot layouts for approximately 20 acres on the west
side of North 19th Avenue and north of Baxter Lane. This property was planned for a multiphase
development, with the construction of the majority of all streets and infrastructure, as well as all
necessary wetland mitigation. The site lies within a Class 1 Entryway Corridor Overlay District
and therefore,the Design Objectives Plan will apply for all buildings within the development.
Unresolved Issues
No unresolved issues have been identified at this time.
Advisory Board Recommendations
On November 29, 2016 the major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Director of Community Development for
consideration by the Planning Board. The Planning Board made a recommendation to the City
Commission on December 6, 2016, for approval. The final decision for a Major Subdivision
Preliminary Plat with fewer than 50 lots must be made within 60 working days of the date it was
deemed adequate; or in this case by March 7, 2017.
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 subdivision criteria contained within the staff report; or
4. Continue review on the application,with specific direction to staff or the applicant to
supply additional information or to address specific items.
Commission Action
The Bozeman City Commission held a public hearing on January 9,2016 to review the application
and hear public testimony. No additional testimony was received from the public. The City
Commission discussed the proposed preliminary plat application in regards to the character of the
area and the intent of the subdivision and zoning district; and reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions, the
16235 Findings of Fact for the Opportunity Sub-division Page 3 of 23
Major Subdivision Preliminary Plat Application would comply with those requirements; and
adopted the findings presented in the staff report for application 16235 and voted to approved the
preliminary plat application, with the conditions as outlined in the staff report, 3:0.
TABLE OF CONTENTS
PROJECTSUMMARY.................................................................................................................. 2
SECTION1 - MAP SERIES .......................................................................................................... 4
SECTION 2—REQUESTED VARIANCES AND DEVIATIONS............................................... 7
SECTION 3 - CONDITIONS OF APPROVAL............................................................................. 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS...................... 10
SECTION 5 -RECOMMENDATION AND ACTIONS............................................................. to
SECTION 6 -ANALYSIS AND FINDINGS .............................................................................. 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements........................................................................................... 14
SECTION 7 -FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 19
APPENDIX A—ADVISORY CODE CITATIONS..................................................................... 21
APPENDIX B—PROJECT SITE ZONING AND GROWTH POLICY..................................... 21
APPENDIX C—DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 21
APPENDIX D—NOTICING AND PUBLIC COMMENT......................................................... 22
APPENDIX E—OWNER INFORMATION AND REVIEWING STAFF................................. 23
16235, Staff Report for the Opportunity Suh-Division Major Suhdivisioil Page 4 of 23
SECTION 1 -MAP SERIES
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16235,Staff Report for the Opportunity Sub Division Major Subdivision Page 5 of 23
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16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 6 of 23
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16235,Staff Report for the Opportunity Sub Division Major Subdivision Page 7 of 23
SECTION 2—REQUESTED VARIANCES AND DEVIATIONS
No variances were requested.
SECTION3 - CONDITIONS OFAPPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the subdivision. The applicant is advised that unmet code
provisions, or code provisions that are not specifically listed as conditions of approval, does not,
in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
Recommended Conditions of Approval:
1. The plat must conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats(Uniform Standards for Certificates of Survey and Subdivision
Plats: 24.183.1104 ARM) and must be accompanied by all required documents, including
certification from the City Engineer that as-built drawings for public improvements,a platting
certificate, and all other required and corrected certificates were received. The Final Plat
application must include three(3)signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper
prints. The Gallatin County Clerk & Recorder's office has elected to continue the existing
medium requirements of two mylars with a 1%2"binding margin on one side for both plats and
COS's. The Clerk and Recorder will file the new Conditions of Approval sheet as the last
same-sized mylar sheet in the plat set.
2. The applicant must submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions has been satisfactorily addressed,and must include a digital copy(pdf)of the entire
Final Plat submittal. This narrative must contain sufficient detail to direct the reviewer to the
appropriate plat,plan, sheet,note, covenant,etc. in the submittal.
3. The applicant is advised that unmet code provisions,or code provisions that are not specifically
listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
4. Phasing for the major subdivision must be clearly delineated using phase letters in lieu of
numbers (i.e.,Phase 2A,2B, 2C and 21)),if proposed.
5. The final plat must provide all necessary utility easements, which must be described,
dimensioned and shown on each subdivision block of the final plat in then true and correct
location. Any rear or side yard utility easements not provided will require written confirmation
from ALL utility companies providing service that rear or side yard easements are not needed.
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Page 7 of 23
16235, Staff Report for the Opportunity Srrb-Division Major Subdivision Page 8 of 23
6. Trees must not be located within 10 feet of sewer and water services. Sewer and water services
must be shown on the landscaping plan of the park and open space plan, and approved by the
Water/Sewer Superintendent.
7. Property owners' association documents must address the requirements for street trees (a City
of Bozeman planting permit for street trees, and obtaining utility locations) before any
excavation begins in the City of Bozeman right-of-way. The covenants must include a planting
note stating that the planting hole must be at least twice the diameter of the root ball, that the
root flare of the newly planted tree is visible and above ground, and there should be a mulch
ring 3%4' in diameter around each newly planted boulevard tree.
8. Street lighting, including pathway intersection lighting, must be installed by the subdivider.
Light locations and specifications must be provided to the City Engineer for review and
approval with the public improvements plans and specifications. All street light poles must be
installed a minimum of 10' from any water or sewer main or appurtenance.
9. Any public street lighting installed by this development must be LED.
10. Subdivision lighting SILD information must be submitted in hard copy and digital form to the
Clerk of Commission after Preliminary Plat approval. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
11. The final plat must include a transfer of private improvements certificate to read substantially
as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP&COMPLETION OF NON-PUBLIC
IMPROVEMENTS
The following are hereby granted and donated to the property owners' association noted
below for the owners' use and enjoyment: (LIST ITEMS). Unless specifically listed in the
Certificate of Dedication, the City accepts no responsibility for maintaining the same. I,
(Subdivider), hereby further certify that the following non-public improvements,required
to meet the requirements. of Chapter 38 of the Bozeman Municipal Code, or as a
condition(s) of approval of the subdivision plotted herewith, have been installed in
conformance with any approved plans and specifications prepared in accordance with the
standards of Chapter 38 or other City design standards,or have been financially guaranteed
and are covered by the subdivision improvements agreement accompanying and recorded
with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE `NONE').
The subdivider hereby grants ownership of all non-public infrastructure improvements to
the property owners' association created by Document Number
(To be filled in when recorded)
16235,Staff Report for the Opportunity Sub-Division Major Subdivision Page 9 of 23
By: (Subdivider) Date:
12. The necessary right-of-way must be dedicated with the final plat for the following streets:
A. Max Avenue(local street)—60 feet.
B. Kimberwike Street(local street)—60 feet.
C. Rawhide Ridge(local street)—60 feet.
13. The final plat must contain the following notation on the conditions of approval sheet:
"Ownership of all common open space areas and trails, and responsibility of maintenance
thereof and for city assessments levied on the common open space lands must be that of the
property owners' association. Maintenance responsibility must include, in addition to the
common open space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter development
streets and as adjacent to other common open space areas.All areas within the subdivision that
are designated herein as common open space, including trails, are for the use and enjoyment
by the owners of the development and the general public. The property owners' association
must be responsible for levying annual assessments to provide for the maintenance,repair,and
upkeep of all common open space areas and trails. Concurrent with recording the final plat for
the subdivision, the subdivider must transfer ownership of all common property and areas to
the property owners' association."
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14. The certificate of dedication on the final plat must include the specific names of the streets j
dedicated to the public for which the City accepts responsibility.
15. The subdivider must provide the necessary declarations and recitals to facilitate the property
owners association bylaws and/or declaration of covenants, conditions and restrictions. Any
cost sharing agreements for maintenance must be included with the final plat.
16. Drainage plans must be submitted for each lot as part of the building permit application.
17. The transfer of water rights or the payment of cash in lieu (CIL) of water rights must be
provided in accordance with BMC Section 38.23.180. The applicant shall contact the City
Engineering Department for a determination of CIL requirements.
18. 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 must be provided to and approved by the City Engineer. Water and sewer plans shall
also be approved by the Montana Department of Environmental Quality. The applicant shall
also provide professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not be initiated on
the public infrastructure improvements until the plans and specifications have been approved
and a preconstruction conference has been conducted.
i
16235, Staff Report for the Opportunity Sub Division Major Subdivision Page 10 of 23
19. If not already filed, the applicant must provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs)
prior to final plat approval.
The document filed must specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for
the completion of said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. None have been identified
SECTION 5 -RECOH MIENDATIONAND ACTIONS
Project Name: Opportunity Sub-Division Major Subdivision Preliminary Plat
File: 16235
Development Review Committee
The Development Review Committee (DRC) reviewed the preliminary plat application on June
29,2016 and found code corrections. The project was on hold until it was resubmitted on October
11,2016. The DRC on November 9,2016,found that the application,with conditions,is in general
compliance with the adopted growth policy, the Montana Subdivision and Platting Act and the
Unified Development Code. On November 9, 2016 the DRC recommended conditional approval
of the preliminary plat application.
Planning Board
The Planning Board conducted a public hearing on December 6, 2016 to determine a
recommendation to the City Commission on the proposed subdivision; the decision was a
unanimous recommendation for approval.
City Commission
The City Commission public conducted a public hearing on January 9, 2017 to consider the
preliminary plat and make a final decision; the decision was a unanimous recommendation for
approval.
SECTION 6-ANAL YSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. This analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC
16235,Staff Reportfor the Opportunity Sub Division Major Subdivision Page 11 of 23
In considering applications for subdivision approval under this title,the advisory boards and City
Commission considered the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision
and Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
noted in recommended Condition No. 1, 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 shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval,does not,in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearings before the Planning Board and City Commission were properly noticed as required
by the Bozeman UDC. Based on the recommendation of the DRC, and other applicable review
agencies, as well as any public testimony received on the matter, the Planning Board forwarded a
recommendation in a report to the City Commission who will make the final decision on the
applicant's request.
A preliminary plat application was submitted on June 1, 2016 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code(BMC). On June 10,
2016 the application was deemed acceptable for initial review. The preliminary plat was reviewed
by the DRC on June 29, 2016. The DRC and Staff determined that without corrected plans the
preliminary plat did not contain enough information for continued review.
A revised preliminary plat application was submitted on October 11, 2016 and was reviewed
against the submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC).
On October 21, 2016 the application was deemed acceptable for initial review. The preliminary
plat was reviewed by the DRC on November 9,2016. The DRC and Staff determined the submittal
contained detailed,supporting information that is sufficient to allow for the review of the proposed
subdivision on November 9, 2016. Pursuant to Section 38.03.040.A.5.a(4), BMC the City
Commission must approve, conditionally approve or deny the subdivision application by March
7, 2017,unless there is a written extension from the developer,not to exceed one year.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
November 20,2016 and December 4,2016.The site was posted with a public notice on November
16235, Staff Report for the Opportunity Sub Division Major Subdivision Page 12 of 23
21, 2016. Public notice was sent to physically adjacent property owners via certified mail, and to
all other property owners of record within 200 feet of the subject property via first class mail, on
November 18, 2016. Public comment has not been received on this project.
On November 29, 2016 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Director of Community Development for
consideration by the Planning Board. The Planning Board considered the application and made a
recommendation of approval to the City Commission on December 6, 2016 and the City
Commission is scheduled to make a final decision at their January 9, 2016 public hearing. The
final decision for a Major Subdivision Preliminary Plat with fewer than 50 lots must be made
within 60 working days of the date it was deemed adequate; or in this case by March 7, 2017.
4) Compliance with Chapter 38,BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are included
in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the final
plat application. Therefore, all utilities and necessary utility easements will be provided and
depicted accordingly on the final plat.
6)The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the parcel
All of the proposed lots have frontage to public streets to be constructed to City standards with lot
frontage meeting the minimum standard shown on the preliminary plat. In addition, pursuant to
Section 38.24.090.A,BMC,plats shall contain a statement requiring lot accesses to be built to the
standard contained in this section,the city design standards and specifications policy, and the city
modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a regional commercial and services area within the City of
Bozeman Community Plan. The area is zoned for commercial development and is surrounded by
commercial development. The parcel is not currently used for agriculture. Therefore, this
subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities are on the parcel. Currently the subject property is designated
as a regional commercial and services area within the City of Bozeman Community Plan. The area
16235,Staff Report for the Opportunity Sub-Division Major Subdivision Page 13 of 23
is zoned for commercial development and is surrounded by commercial development.No impacts
to agricultural water user facilities were identified. The proposed subdivision will have no impacts
on agricultural water user facilities.
3) The effect on Local services
Water/Sewer — Municipal water and sewer service will be provided by the construction of new
service lines within the street rights of way. Each lot will connect to the constructed water and
sewer mains designed to the appropriate design standard shall be located in the standard location
as approved by the water/sewer superintendent.
Streets —Following new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards with
curb, gutter, pavement, boulevard sidewalks and storm water facilities. Bozeman's land
development regulations place high value on an interconnected street system. This subdivision
executes that purpose and design.
Police/Fire—The property is located within the City's Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineer's Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat. Condition 23 requires maintenance provisions for the stoimwater
treatment area to enable adequate public oversight of the facilities.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval. Infill development with municipal services has fewer impacts on the natural
environment than development on urban fringes or in rural areas.
5)The effect on Wildlife and wildlife habitat
The subject property is designated as regional commercial and service to the City of Bozeman
Community Plan.The area is zoned for commercial development and is surrounded by commercial
development. Although there may be incidental small animals residing on this and adjacent
property,this area does not have any identified protected wildlife or wildlife habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public
health, safety and general welfare. The subdivision has been reviewed by the DRC which has
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 14 of 23
determined that it is in general compliance with the title. Any conditions deemed necessary to
ensure compliance have been noted throughout this staff report. In addition, all subdivisions must
be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. The Department of
Community Development has reviewed this application against the listed criteria and provides the
following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on December 23, 2015.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 "Additional Subdivision Preliminary Plat Supplements" for several of the
standard preliminary plat supplements due to the nature of the property. The DRC granted a partial
waiver to the supplemental information under 3 8.41.060,BMC is granted with this pre-application
plan review application for:
5)Vegetation, 14) Educational Facilities,
6) Wildlife, 16)Parks and recreational facilities,
7)Historical Features, 17)Neighborhood center plan.
8) Agriculture, 19)Miscellaneous, and
9) Agricultural Water User Facilities, 20)Affordable Housing,
and
Waivers to the supplemental information for the following were not granted:
1) Surface Water,
2)Floodplains,
3) Groundwater, and
4) Geology-soils-slopes,
10)Water and Sewer,
11) Stormwater management,
12) Streets,roads and alleys,
13)Utilities,
15) Land use,
18) Lighting plan,
P-14023, Staff Report for the Boulder Creek Subdivision Page 15 of 23
Staff offers the following summary comments on the supplemental information required with
Article 38.41,BMC.
38.41.060.A.1 Surface Water
There is a large number of wetland features within this subdivision. A surface water plan for the
subject property has been submitted. There is one creek and two ditches that flow through the
property: East Catron Creek, "West Ditch", and "Middle Ditch", respectively. All surface water
bodies flow south-north.The following descriptions describe the water bodies as seen in February,
2016. East Catron Creek is a perennial stream that discharges to the East Gallatin River north of
Interstate 90. The channel ranges in width from 3 to 10 feet. The surface water depth is
approximately 0.75 feet. The low flow channel banks are approximately 1.8 feet high situated
within an incised floodway with 6-foot high banks. Surface water discharges to a 48"and two (2)
i
36" round equivalent RCP culverts at the north property boundary. Middle Ditch contains water !
that ranges in depths from 2 to 6 inches. The ditch channel is diverted east from West Catron onto
this property through a two-foot concrete culvert under a narrow dirt road to the south of the
property,and eventually connects with East Catron before flowing out of the property to the north.
West Ditch is created from a diversion canal off of Middle Ditch. The water accumulates in a
shallow depression dominated by cattail. The channel downgradient of the pond directs overland
flow from the depression to a small detention basin and 2-inch CMP culvert.
These water bodies will be minimally impacted by construction. Their existing culverts will be
replaced by functional and properly installed culverts that will flow under the proposed roads.
There will be a 50-ft wetland setback, behind which construction will begin. A small portion of
West Ditch will be filled in to accommodate for the extension of Max Avenue. The appropriate
permits have been obtained and included with this application.
38.41.060.A.2 Floodplains
There are a large number of wetland features within this subdivision.A surface water plan for the
subject property has been submitted. This site is in a FEMA `non-printed flood map boundary'.
Included in this submittal is a Flood Study for East Catron Creek performed by Allied Engineering,
Inc.
38.41.060.A.3 Groundwater
Monitoring of groundwater conditions have been conducted across the site from January to
December of 2015 using eight(8)monitoring wells, the locations and depths of which are shown
in Section 10.B.. Per these monitoring results, the groundwater never came within less than 4.90
feet of the surface, with an average depth of 5.43 feet.
A contaminated aquifer, known as the Solvent Site, underlies the proposed development. The
aquifer is contaminated with tetrachloroethylene (PCE). No irrigation wells will be allowed to
support irrigation at the site,and the City water supply must be used for irrigation water to prevent
Page 15 of 23
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 16 of 23
further spread of contamination and public exposure to contaminants. Additionally, this site will
be served by a central sewer and water main that will connect to the City of Bozeman,which will
minimize the potential for further groundwater contamination. Channeling storm-water flows into
detention basins will limit discharges to pre-development rates and will control surface water
runoff. These basins will reduce the amount of sediments and contaminants within the surface
runoff and also reduce potential for contamination of downstream aquifers.
Mitigation for potential high groundwater includes construction limitations in the covenants and
connection to central sewer and water connection to the City of Bozeman.
38.41.060.A.4 Geology, Soils and Slopes
There are no known geologic hazards associated with the site.The site topography slopes at a 1.3%
in a northern direction.Proposed road and lot grades will not exceed 3-percent and slope work will
not exceed a 4:1 horizontal: vertical ratio. The soils are viable for commercial development. Any
stabilization or further analysis of the soils will be completed at site plan.
38.41.060.A.5 Vegetation
No significant or critical vegetation exists on the subject property. Noxious weeds are being
controlled by the required Noxious Weed Management Plan. In addition, there are ongoing
performance measures required with the Weed Management Plan to insure control of noxious
weeds on site.
38.41.060.A.6 Wildlife
The subject property is designated as a regional commercial and services area within the City of
Bozeman Community Plan. The area is zoned for commercial development. The existing land use
map indicates that it has been used for residential purposes, albeit not for some time. Although
there are incidental small animals residing on this and adjacent property infill development within
the City limits continues to occur. No endangered or species of concern have been identified on
this property.
38.41.060.A.7 Historical Features
This is a developing urban area. There are no known cultural resources or historical structures
existing on the site. No historical features were identified on the surrounding areas that are
currently developing.
38.41.060.A.8 Agriculture
This is a developing area and this property is not used for agriculture. The subdivision will have
no affect on agriculture. All agricultural use of the property has ended. Property to the north, east,
and south has also been or is in the process of being developed for non-agricultural uses.
38.41.060.A.9 Agricultural Water User Facilities
There are no agricultural water user facilities on or adjacent to the subject property. The
subdivision will have no affect on agriculture.No agricultural water user facilities were discovered
16235,Staff Report for the Opportunity Sub Division Major Subdivision Page 17 of 23
during review. Currently the subject property is designated as a commercial area according to the City
of Bozeman Community Plan; the area is zoned for commercial development, and has begun to
develop. No impediment to stream flow is proposed with this subdivision. Therefore, the proposed
subdivision will have minimal impacts on agricultural water user facilities
38.41.060.A.10 Water and Sewer
Adequate water and sewer capacity exist to serve the subdivision. Water for domestic and fire
protection will be provided by connections to the City of Bozeman water system. Water for
domestic use and fire protection will be provided by connections to the City of Bozeman water
system. The proposed lots will be served by City sanitary sewer and water main extensions from
existing mains in Max Avenue, Cattail Street and North 27th. The proposed water main will be
looped from the main at the intersection of Cattail and North 19th and extended to the existing
main in North 27th, via North 19th and Kimberwike Street. All main extensions will be located
either in a dedicated right of way or easement.
The City Engineering Department has reviewed the plans. City Engineering conditioned the
subdivision that all water and sewer service lines shall be located in the standard location as
approved by the water/sewer superintendent.
38.41.060.A.11 Stormwater Management
A stormwater management plan has been included and reviewed with this application.Storm water
for the public streets will be located on proposed common open space, Lot 6, in the northwest 1,
corner of the subdivision. Storm water collection will be via either surface gutter flow or piped
f
collection system or a combination of both. On site detention is proposed for the individual lot 4
subsequent developments. All storm water facility outlet structures will be properly landscaped
and a minimum distance of not less than ten(10) feet from any watercourse high water mark will
be required. Placement and design of the facilities will be approved by both the Engineering
Divisions and Community development.
38.41.060.A.12 Streets,Roads and Alleys
All lots meet the minimum lot size and the minimum required street frontage. Access from North
19th will be from Kimberwike Street as well as a new permitted access for the proposed east-west
Rawhide Ridge. No improvements to North 19th, other than the North 19th Kimberwike Street
intersection and completion of the Rawhide Ridge intersection, are anticipated. City standards
sidewalks will be provided along all street frontages. A 10'wide shared use pathway will be
provided along North 19th Avenue. A
Max Avenue will extend from the north end of the property through to the south end, where it will
meet Kimberwike Street,which will also be extended fiom N 19th Ave to the west. Kimberwike
Street will have two access driveways to the proposed buildings in the future Lot 3 Phase III and
Lot 1 Phase I.No alleys are proposed in this subdivision.
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 18 of 23
Max Avenue,Kimberwike Street and Rawhide Ridge are local roadways and N 19th Avenue is a
principal arterial.
Stormwater on all streets within the subdivision will gutter line flow to curb inlets where the water
will flow through a pipe to a detention pond to allow solids, silt,oils and other pollutants to settle.
A preliminary stormwater management plan is included with this application.
Section 38.23.040.B, BMC states that "Block length shall not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can
be longer than 400 feet if necessary due to topography, the presence of critical lands, access
control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet in
length."Measuring from east to west on Kimberwike it is approximately 880 feet. This distance is
acceptable with the wetland corridor that runs through the property. Considering the site
boundaries, layout of adjacent roadways and existing infrastructure, it is impractical to provide
block length less than 400 feet.
As part of the street infrastructure,lighting must be installed. The physical installation of the lights
is done by the developer. A special improvement lighting district is formed to provide for the
maintenance and operation of the lights over time. Condition 15 requires the use of LED lighting
fixtures. This does not modify the pole heights or similar physical performance features. LED
street light fixtures have been tested by the City and found to have better performance with lower
power consumption and less frequent failures and required maintenance than the standard lights.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision.The final plat shall provide public utility easements along all front, side
and rear lot lines as required by Section 38,23.050, BMC.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. This is a commercial subdivision. There are no
residential units proposed for this site,therefore no additional students will be added to the existing
educational facilities.
38.41.060.A.15 Land Use
The property is currently vacant land with zoning of B-2 and is designated as Regional Commercial
and Services under the Bozeman Community Plan. The developer wishes to subdivide the land
into six(6)lots:Five lots will be for commercial development,the sixth for a storm water detention
facility.A master plan for the property was approved December 21,2015.A master plan is required
prior to further subdivision and development in the North 191e Avenue corridor per code Section
38.20.100.
38.41.060.A.16 Parks and Recreation Facilities
16235, Staff Report for the Opportunity Sub Division Major Subdivision Page 19 of 23
Supplemental information waived by the DRC. This is a commercial subdivision. The final plan
will show the proposed trail within the North 19cn Avenue 50-foot setback as a Class 1 Trail /
Shared Use Pathway. This trail meets the City's PROST plan objectives. An additional trail is
located within the central portion of the property, running north and south, along the watercourse
setback. This trail will provide pedestrian connection through the project. The trails are all part of
a larger system of trails throughout the City of Bozeman. As projects are developed this system
will be completed. Projects are required to complete their portions at the time of subdivision and
development.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information was waived by the DRC during the pre-application process. This is a
commercial subdivision. A neighborhood center is only required for residential subdivision.
38.41.060.A.18 Lighting Plan
The lighting plan meets the current City of Bozeman Lighting Standards. All street lights installed
shall use LED light heads lights, including bollard light, and shall conform to the City's
requirement for cut-off shields.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. This is a commercial subdivision. No residential
units have been proposed.
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SECTION 7-FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A) PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC,
public notice was given, opportunity to submit comment was provided to affected parties, and a
review of the preliminary plat described in these findings of fact was conducted. The 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.
B)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
a
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
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conditions were imposed. Therefore, being fully advised of all matters having come before her
regarding this application,the City Commission makes the following decision.
C) The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in Section
4 of this report. The evidence contained in the submittal materials, advisory body review, public
testimony, and this report,justify the conditions imposed on this development to ensure that the
final site plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Chapter 38,BMC.
D)This City Commission order may be appealed by bringing an action in the Eighteenth District Court
of Gallatin County, within 30 days after the adoption of this document by the City Commission,
by following the procedures of Section 76-3-625, MCA. The preliminary approval of this
subdivision shall be effective for three (3) years from the date of the signed Findings of Fact and
Order approval. At the end of this period the City may, at the request of the subdivider, grant
individual extensions to its approval by the Community Development Director for a period of not
more than two years, or for more than two years by the City Commission.
DATED this 131h day of February,2017.
BOZEMAN CITY COMMISSION
CARSON TAYLOR
Mayor
ATTEST:
OF B 02.
ROBIN CROUGI
City Clerk ��'.j g83 •'��'
16235,Staff Report for the Opportunity Sub Division Major Subdivision Page 21 of 23
APPROVED AS TO FORM:
GREG S LIV
City Attorney
APPENDIX A ADVISORY CODE CITATIONS
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law. It is the duty of the applicant to
submit plans and other materials which conform to all standards. Submittal of inaccurate or
incomplete materials may delay review of the application or prohibit its approval.
APPENDIX B —PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned B-2. The intent of the B-2 community business district is to provide
for a broad range of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets.
Adopted Growth Policy Designation:
The project is designated Regional Commercial and Services. "Bozeman is a retail, education,
health services, public administration, and tourism hub and provides opportunities for these
activities for a multi-county region. Often the scale of these services is larger than would be
required for Bozeman alone. Because of the draw from outside Bozeman, it is necessary that these
types of facilities be located in proximity to significant transportation routes. Since these are large
and prominent facilities within the community and region, it is appropriate that design guidelines
be established to ensure compatibility with the remainder of the community. Opportunity for a mix
of uses which encourages a robust and broad activity level is to be provided. Residential space
should not be a primary use and should only be included as an accessory use above the first floor.
Any development within this category should have a well integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to adjacent
development."
APPENDIX C—DETAILED PROJECT DESCRIPTION AND BACKGROUND
This project originated as the Town Pump #6 and Rawhide Master Site Plan in October of 2015.
Sec. 39.20.100 North 19th Avenue/West Oak Street entryway corridors requires a Master Site Plan
for nonresidential development proposals. A preliminary Master Site Plan was submitted to the
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 22 of 23
Department of Community Development proposing the overall street circulation, utility
infrastructure,wetland delineation and property lot layouts for approximately 20 acres on the west
side of North 19th Avenue and north of Baxter Lane. This property was planned for a multiphase
development, with the construction of the majority of all streets and infrastructure, as well as all
necessary wetland mitigation. The site lies within a Class 1 Entryway Corridor Overlay District
and therefore,the Design Objectives Plan will apply for all buildings within the development. The
requested entitlement period for the preliminary Master Site Plan was five years. This was
approved in December of 2015 by the Community Development Director.
The project was submitted in February of 2016 as a Pre-Application for the Town Pump #6
Subdivision. The City of Bozeman's Development Review Committee (DRC) reviewed the
subdivision pre-application plan review for a commercial major subdivision. Approval was
granted on March 30, 2016 by the DRC.
A preliminary plat application, with the name Opportunity Sub-Division, was submitted on June
1, 2016. The preliminary plat was reviewed by the DRC on June 29, 2016. The DRC and Staff
determined that without corrected plans the preliminary plat did not contain enough information
for continued review. The project was on hold until a resubmittal.
A preliminary plat application was resubmitted on October 11, 2016. The preliminary plat was
reviewed by the DRC on November 9, 2016. The DRC and Staff determined the submittal
contained detailed,supporting information that is sufficient to allow for the review of the proposed
subdivision on November 9,2016.
APPENDIX D—NOTICING AND PUBLIC COMMENT
A preliminary plat application was submitted on June 1, 2016 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On June 10,
2016 the application was deemed acceptable for initial review. The preliminary plat was reviewed
by the DRC on June 29, 2016. The DRC and Staff determined that without corrected plans the
preliminary plat did not contain enough information for continued review.The project was on hold
until a resubmittal.
A preliminary plat application was resubmitted on October 11,2016 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On October
21, 2016 the application was deemed acceptable for initial review. The preliminary plat was
reviewed by the DRC on November 9, 2016. The DRC and Staff determined the submittal
contained detailed,supporting information that is sufficient to allow for the review of the proposed
subdivision on November 9, 2016. Pursuant to Section 38.03.040.A.5.a(4), BMC the city
commission shall approve, conditionally approve or deny the subdivision application by March 7,
2017, unless there is a written extension from the developer,not to exceed one year.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
November 20,2016 and December 4,2016. The site was posted with a public notice on November
21, 2016. Public notice was sent to physically adjacent property owners via certified mail, and to
16235, Staff Report for the Opportunity Sub-Division Major Subdivision Page 23 of 23
all other property owners of record within 200 feet of the subject property via first class mail, on
November 18, 2016. Public comment has not been received on this project.
On November 29, 2016 this major subdivision staff report was drafted and forwarded with a
recommendation of conditional approval by the Director of Community Development for
consideration by the Planning Board. The Planning Board made a recommendation to the City
Commission on December 6,2016 and the City Commission made a final decision at their January
9, 2016 public hearing, in which they recommended 3:0 approval. The final decision for a Major
Subdivision Preliminary Plat with fewer than 50 lots must be made within 60 working days of the
date it was deemed adequate; or in this case by March 7,2017.
APPENDIX E— OWNER INFORMA TION AND REVIEWING STAFF
Owner: Bozeman 6 LLC 600 Main Street, Butte MT 59701
Applicant: Bozeman 6 LLC 600 Main Street, Butte MT 59701
Representative: Madison Engineering, 895 Technology Blvd, Suite 203,Bozeman MT 59718
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Report By: Mayana Rice,Associate Planner
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