HomeMy WebLinkAbout05-22-17 City Commission Packet Materials - C4. J&D Minor Sub Prelim Plat Findings of Fact
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Senior Planner
Martin Matsen, Director of Community Development SUBJECT: J&D Family Minor Subdivision Preliminary Plat Findings of Fact
and Order, 17071 MEETING DATE: May 22, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
J&D Family Minor Subdivision Preliminary Plat Application.
BACKGROUND: On April 24, 2017, the City Commission held a public hearing on an
application for preliminary plat approval for the J&D Family Minor Subdivision.
The Commission voted unanimously to approve the proposed subdivision subject to conditions
and code provisions to ensure the final plat would comply with all applicable regulations and all
required criteria.
State law provides that the governing body shall “provide a written statement to the applicant
detailing the circumstances of the condition imposition.” The statement must include: 1) the
reason for the condition imposition; 2) the evidence that justifies the condition imposition; and 3)
information regarding the appeal process for the condition imposition. To proceed with
submitting a final plat application for the initial phase(s) of the subdivision, the applicant must have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
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: May 11, 2017
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Bozeman City Commission Findings of Fact and Order for the J&D Family
Minor Subdivision, Application 17071
Date: City Commission public hearing held on April 24, 2017 at 6:00 pm in the City
Commission Room 121 N. Rouse Avenue, Bozeman, Montana.
Project Description: A Preliminary Plat Application to allow the subdivision of a portion of Lot
R-1, J&D Family Subdivision (Plat J-502) into one (1) commercial lot, a remainder lot (R-2), and
road right-of-way. No parkland is proposed or required for this subdivision.
Project Location: The property is addressed as 570 Automotive Avenue with a legal description
of Lot R-1, J&D Family Subdivision situated in the Northeast One-Quarter (NE ¼) of the
Southeast One-Quarter (SE ¼), Section 9, Township Two South (T2S), Range Five East (R5E),
P.M.M., Gallatin County, Montana.
Action: Approval with conditions
Commission 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 17071 and move to approve the J&D Family Minor Subdivision
with conditions and subject to all applicable code provisions.
Staff Contacts: Tom Rogers, Senior Planner
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Consent
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues.
Project Summary
The property owner and applicant J&D Family Limited Partnership, LLC, 270 Automotive Ave.,
Bozeman, MT 59718, representated by Big Sky Land Consulting, Inc., 5530 Burnt Road,
Belgrade, MT 59714, submitted application to subdivide approximately 24.02 acres into one
commercial lot, one restricted development lot, and dedicate rights-of-way.
No parkland or open space is required for this commercial subdiviosn. No exterior or exterior
roads, water lines, or sewer lines are required at this time.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
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3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 1
SECTION 1 – MAP SERIES .......................................................................................................... 3
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 13
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 13
SECTION 5 - STAFF ANALYSIS AND FINDINGS ................................................................. 14
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 14
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15
Preliminary Plat Supplements ........................................................................................... 17
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 21
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 23
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 24
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 24
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 25
FISCAL EFFECTS ....................................................................................................................... 25
ATTACHMENTS ......................................................................................................................... 25
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SECTION 1 – MAP SERIES
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SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. The plat must conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision
Plats (24.183.1104 ARM) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat
application must include three (3) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper
prints. The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and
COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last
same sized mylar sheet in the plat set.
2. The applicant must submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and must include a digital copy (pdf) of the
entire Final Plat submittal. This narrative must in sufficient detail to direct the reviewer to the
appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
4. Covenants, Conditions, and Restrictions
a) Articles of Incorporation, Bylaws and Articles of Protective Covenants and Restrictions
were filed with the Gallatin County Clerk and Recorder for Phase 1. The draft CC&R’s
do not reference the original declaration and do not describe the boundaries of the subdivision. With the final plat application please address these deficiencies and clarify
whether or not this phase is a part of the original development.
b) Preliminary Plat supplements 10, Draft Covenants. Article II, Section 18 references
“Bozeman Zoning Regulations. Please revise to state, “Bozeman Unified Development
Code”.
c) Preliminary Plat supplements 10, Draft Covenants. Article III, Section 1 has errors in the
number of the Board of Directors. Please correct prior to submitting final plat application.
5. The final plat must provide all necessary utility easements and must be described, dimensioned
and shown on each subdivision block of the final plat in their true and correct location. Any
rear or side yard utility easements not provide will require written confirmation from ALL utility companies providing service indicating that rear or side yard easements are not needed.
6. Should the subdivider propose subdivision perimeter fencing, a fencing plan that includes plans
and specifications to fence the perimeter of the project must be provided for review and
approval prior to final plat approval. Fences located in the front, side or rear yard setback of
properties adjacent to any park or open space must not exceed a maximum height of 4 feet,
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and must be of an open construction designed in a manner to be consistent along all park land
and open space areas. This requirement with appropriate exhibits of fence types must be
addressed and illustrated in the home owner’s association documents.
7. Trees may 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.
8. Property owener’s association documents must address the requirements for street trees, a City
of Bozeman planting permit for street trees and obtaining utility locates before any excavation
begins in the City of Bozeman right-of-way. The covenants must include a planting note stating that the planting hole must be at least twice the diameter of the root ball, 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.
9. 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.
10. Any public street lighting installed by this development must be LED.
11. Subdivision lighting SILD information must be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create or expand the SILD has been approved by the City
Commission.
12. The final plat must include a transfer of private improvements certificate to read substantially
as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-PUBLIC
IMPROVEMENTS
The following are hereby granted and donated to the property owners association noted
below for their use and enjoyment: Common Open Space parcels designated with letters
A, B, C, D, E, F, G and H. Unless specifically listed in the Certificate of Dedication, the
city accepts no responsibility for maintaining the same. I, (Subdivider), hereby further
certify that the following non-public improvements, required to meet the requirements of
Chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the
subdivision plotted herewith, have been installed in conformance with any approved plans
and specifications prepared in accordance with the standards of Chapter 38 or other City
design standards, or have been financially guaranteed and are covered by the subdivision
improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
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The subdivider hereby grants ownership of all non-public infrastructure improvements to
the property owners association created by Document Number
______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________
13. The location of mailboxes must be coordinated with the City Engineering Department prior to their installation.
14. Prior to final plat approval an executed waiver of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed and of
record with the Gallatin County Clerk and Recorder, unless already filed with annexation.
15. A one foot no access strip must be recorded on the final plat restricting access from Lot 1 to Cottonwood Road and West Babcock Street without prior written approval from the City.
16. The final plat must contain the following notation on the conditions of approval sheet in the
final plat: “Ownership of all common open space areas and trails, and responsibility of
maintenance thereof and for city assessments levied on the common open space lands must be
that of the property owners’ association. Maintenance responsibility must include, in addition to the common open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development
streets and as adjacent to public parks or other common open space areas. All areas within the
subdivision that are designated herein as common open space including trails are for the use
and enjoyment by residents of the development and the general public. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording
the final plat for the subdivision, the subdivider must transfer ownership of all common open
space to the property owners’ association created by the subdivider to maintain all common
open space areas within the Pine Meadow Subdivision.
17. The certificate of dedication on the final plat must include the specific names of the streets dedicated to the public for which the City accepts responsibility.
18. The subdivider must provide the necessary declaration and recitals to facilitate the property
owners’ association bylaws and/or declaration of covenants, conditions and restrictions. Any
cost sharing agreements for maintenance must be included with the final plat.
19. The proposed development falls within a known area of high groundwater. No crawl spaces or basements may be constructed such that sump pumps are required to pump water from these
spaces. Sump pumps are not allowed to be connected to the sanitary sewer system. Sump
pumps are also not allowed to be connected to the drainage system unless capacity is designed
into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles.
20. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
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a. Street improvements to Cottonwood Road including paving, curb/gutter, sidewalk, and
storm drainage,
b. Street improvements to West Babcock Street including paving, curb/gutter, sidewalk, and
storm drainage,
c. Intersection improvements to Cottonwood Road and West Babcock Street,
d. Intersection improvements to West Babcock Street and Laurel Parkway, and
e. 18-inch sanitary sewer main in Cottonwood Road per the City of Bozeman Wastewater
Sanitary Sewer Master Plan.
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. This is a condition of final plat approval.
21. The applicant must add a note to the plat that on-site stormwater infrastructure, including all detention and retention ponds must be maintained by the POA.
22. The applicant must verify with the Montana Department of Environmental Quality (DEQ)
that Certificate of Exclusion on the preliminary plat document may be used prior to final
plat approval.
23. The applicant must indicate the water and sanitary sewer services on the landscaping plan. All trees must be located at least 10-feet from water and sewer services. The applicant must
demonstrate this requirement prior to final plat approval.
24. The applicant must indicate the vision triangles on the landscaping plan and relocate any trees
outside of the vision triangles prior to final plat approval.
25. The applicant must provide a street easement to the City on the City’s Standard form to accommodate intersection upgrades at Babcock and Cottonwood. The applicant must
coordinate the easement with the design drawings by the City’s consultant (Robert Peccia and
Associates). The applicant must execute and deliver the easement to the City Engineering
Department (Shawn Kohtz) prior to final plat approval.
26. The applicant must include a stormwater maintenance plan in the POA documents for all elements of the on-site stormwater system. The POA documents must specifically state the
requirement for the POA to maintain all elements of the stormwater system. The applicant
must demonstrate this requirement prior to final plat approval.
27. Prior to final plat application submittal the applicant must adjust the calculations to define accurate time-of-concentration values and the associated impact on the runoff calculations.
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SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. The applicant must provide water rights or cash-in-lieu thereof in accordance with Sec.
38.23.180 BMC Prior to final plat approval.
B. The Pond 5 detention outlet calculations indicate a post development stormwater discharge
flow rate that is higher than the pre-development flow rate. The applicant must adjust the
outlet design such that the runoff from the site is less than or equal to the pre-development
runoff.
C. The stormwater pond of Basin 6-2 straddles the lot line and must be constructed on the lot
served by the pond. The applicant must design the pond on the appropriate lot prior to final
plat approval.
D. The provided stormwater flow calculations list the pre and post development time-of-
concentration values as 10 minutes in all cases, which is incorrect. The applicant must
adjust the calculations to define accurate time-of-concentration values and the associated
impact on the runoff calculations.
E. The applicant must provide details of the stormwater pond design prior to preliminary plat
approval. The applicant is advised that only the volume of storage above the seasonal high
groundwater level may be counted as detention or retention volume. The proposed
detention ponds must be constructed prior to final plat approval.
F. The applicant must indicate the vision triangles on the landscaping plan and relocate any
trees outside of the vision triangles prior to final plat approval, section 38.24.100, BMC.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: J&D Family Minor Subdivision preliminary plat
File: 17071
Development Review Committee
The Development Review Committee (DRC) reviewed the preliminary plat application on March
1, 2017; and as a result, found that the application, with conditions, is in general compliance with
the adopted growth policy, the Montana Subdivision and Platting Act and the Unified
Development Code. On March 1, 2017 the DRC recommended conditional approval of the
preliminary plat application.
City Commission
The City Commission public hearing is scheduled for April 24, 2017 to consider the preliminary
plat and make a final decision.
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SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision
and Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
noted in recommended Condition No. 1, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code.
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
A hearing before the ard and City Commission has been 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 City Commission will make the final
decision on the applicant’s request.
A preliminary plat application was submitted on February 8, 2017 and was reviewed against the
submittal requirements required by Title 38 of the Bozeman Municipal Code (BMC). On February
15, 2017 the application was deemed acceptable for initial review. The preliminary plat was
reviewed by the DRC on March 1, 2017. The DRC and Staff determined the submittal contained
detailed, supporting information that is sufficient to allow for the review of the proposed
subdivision on March 1, 2017. Pursuant to Section 38.03.040.A.5.a(4), BMC the city commission
shall approve, conditionally approve or deny the subdivision application by April 19, 2017.
Written authorization was provided by the applicant on April 5, 2017 extending the review period
to April 24, 2017.
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Public notice for this application was on site with a public notice on April 4, 2017. Public notice
was sent to physically adjacent property owners and all property owners of record within 200 feet
of the subject property via first class mail, on April 4, 2017. No public comment has been received
on this project to date. On April 14, 2017 this subdivision staff report was drafted and forwarded
with a recommendation of conditional approval by the Planning Director for consideration by the
City Commission on April 24, 2017. The City Commission is scheduled to make a final decision
at their April 24, 2017 public hearing. The final decision for a Minor Subdivision Preliminary
Plat must be made within 35 working days of the date it was deemed adequate; or in this case by
April 19, 2017. Written approval to extend the review period was requested and provided on April
5, 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 Condiiton No. 5 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
The proposed lot has frontage to public streets 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 commercial area according to the City of Bozeman
Community Plan. The area is zoned for commercial development. The area to the north, south
and east are designated commercial areas. The propererty to the west is zoned for high density
residential. Therefore, this subdivision will not have adverse effects on agriculture.
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2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject property
is designated as a commercial area according to the City of Bozeman Community Plan; the area is
zoned for commercial development, and has begun to develop. Therefore, the proposed
subdivision will have minimal impacts on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer services have been installed in West Babcock Street,
Automotive Avenue, and South Cottonwood Road. In addition water and sewer stubs have eben
installed on the north and west sides of the subject property. Additional service may be installed
upon development of the site.
Streets – All surrounding streets were previsouly constructed. Intenral street network will be
designed and constructed with development of the site.
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 26 requires maintenance provisions for the stormwater
treatment area to enable adequate public oversight of the facilities.
Parklands – Pursuant to section 38.27.020.B, BMC parkland dedication is not required for this
minor commercial subdivision.
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 a commercial area according to the City of Bozeman
Community Plan. The area is zoned for commercial development. Althuhg currently vacant, the
surouding are commercial area has developed and is in close proximity to residential development.
Baxter Creek is to the west of the subject property and, when developed, will be protected with
watercourse and wetland setbacks to minimize development impacts. Therefore, this subdivision
will have minimal effects on wildlife and wildlife habitat.
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6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public
health, safety and general welfare. The subdivision has been reviewed by the DRC which has
determined that it is in general compliance with the title. Any conditions deemed necessary 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 6, 2016. With
the pre-application plan review application, waivers were requested by the applicant from Section
38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard
preliminary plat supplements due to the nature of the property. The DRC granted a partial waiver
to the supplemental information under 38.41.060, BMC is granted with this pre-application plan
review application for:
1) Surface Water,
7) Historical Features,
8) Agriculture,
9) Agricultural Water User Facilities,
14) Educational Facilities,
17) Neighborhood center plan,
18) Lighting plan, and
19) Miscellaneous
A waiver to the supplemental information for the following are not granted:
2) Floodplains,
3) Groundwater,
4) Geology-soils-slopes,
5) Vegetation,
6) Wildlife,
10) Water and Sewer,
11) Stormwater management,
12) Streets, roads and alleys,
13) Utilities,
15) Land use,
16) Parks and recreational facilities,
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
Supplemental surfacewater information was granted a waiver to the supplemental information
requirement by the pre-application process. There is no surface water on or immediately adjacent
to the subject property.
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38.41.060.A.2 Floodplains
Supplemental floodplain information was granted a waiver to the supplemental information
requirement by the pre-application process. There are no floodplain on or immediately adjacent
to the subject property.
38.41.060.A.3 Groundwater
Groundwater tends to be moderately high in the area. Ground Water Information Center well logs
indicate static water levels range from two (2) to seven (7) feet below ground surface. City sanitary
sewer and water are proposed for the development. Surface runoff will be controlled by channeling
flows into a retention basin designed to filter sediments and oil, which will reduce the potential for
contamination.
Mitigation for potential high groundwater includes home construction limitations in the covenants
and connection to central sewer and water connection to the City of Bozeman (see Condition 19.
Construction limitations state that no crawl spaces or basements may be constructed such that
sump pumps are required to pump water from these spaces. Sump pumps are not allowed to be
connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the
drainage system unless capacity is designed into the drainage system to accept the pumped water.
Water from sump pumps may not be discharged onto streets, such as into the curb and gutters
where they may create a safety hazard for pedestrians and vehicles.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. There are no known geologic hazards associated
with the site. The property is relatively flat minimizing geologic hazards.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property. Noxious weeds are being controlled by the required Noxious Weed Management
Plan. 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
Supplement information waived by the DRC. This is a developing urban area. The subject
property is designated as a commercial area according to the City of Bozeman Community Plan.
The area is zoned for commercial development has been used for a variety of purposes. Although
there are incidental small animals residing on this and adjacent property infill development within
the City limits will occur.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. There are no
known cultural resources or historical structures existing on the site.
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38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. There are no agricultural water user facilities on
or adjacent to the subject property.
38.41.060.A.10 Water and Sewer
Pursuant to section 38.23.070.A.1, BMC 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 with 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
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. Water sanitary sewer services may not be closer than 10-feet from water
and sewer services”.
Municipal water and sewer services have been installed in West Babcock Street, Automotive
Avenue, and South Cottonwood Road. In addition water and sewer stubs have eben installed on
the north and west sides of the subject property. Water for domestic and fire protection will be
provided by connections to the City of Bozeman water system. Additional service may be installed
upon development of the site.
38.41.060.A.11 Stormwater Management
Storm water facilities will be located within Common Open Space located in the northeast corner
of Lot 1. Although this location will cause considerable difficulty in designing and approving
development on the site the configuration was established with the original J&D Family
subdivision.
Pursuant to section 38.23.030.A the, “developer shall install complete drainage facilities in
accordance with the requirements of the state department of environmental quality and the
city, and shall conform to any applicable facilities plan and the terms of any approved site
specific stormwater control plan. The city's requirements are contained in the design standards
and specifications policy and the city modifications to state public works standard
specifications, and by this reference these standards are incorporated into and made a part of
these regulations.” See Condiitons No. 26 and Code Correction B – E.
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38.41.060.A.12 Streets, Roads and Alleys
The subject property is bounded by constructed streets including Cottonwood Road to the east,
West Babcock Street to the north, and Automotive Avenue on the west. Both Cottonwood Road
is a designated Arterial accodning to the Greater Bozeman Area Transportation Plan, 2007 Update
and West babcock is a designated Collector.
Pursuant to section 38.24.010.A, BMC “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.” Therefore, the applicant must provide a street easement to the City
on the City’s Standard form to accommodate intersection upgrades at Babcock and Cottonwood.
The applicant must coordinate the easement with the design drawings by the City’s consultant
(Robert Peccia and Associates). The applicant must execute and deliver the easement to the City
Engineering Department prior to final plat approval (see Condition No. 20).
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. Conditions 9 and 10 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. Therefore, as the residents of the subdivision will be responsible for paying for the ongoing
expenses of the lighting, it is appropriate for the City to ensure that the most efficient and best
performing lighting is installed to reduce ongoing costs and ensure that the level of service is
maintained.
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.
However, in the event front and/or rear yard utility easements are used, side yard easements must
still be provided on the plat unless written confirmation is submitted to the Planning Office from
all utility companies and Director of Public Works indicating that front and rear yard 10-foot wide
easements are adequate to service said subdivision lots.
38.41.060.A.14 Educational Facilities
As this is an commercial subdivision, educational enrollment is not affected.
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38.41.060.A.15 Land Use
Prposed uses are not included with the subdiviosn application. The applicant us aware of the
underlying zoning district.
38.41.060.A.16 Parks and Recreation Facilities
The development is planned for commercial development and therefore, parkland is not required.
However, as required an executed waiver the right to protest the creation of special improvement
districts (SIDs) for a park maintenance district will be required to be filed and of record with the
Gallatin County Clerk and Recorder, unless already filed with annexation (Condition No. 4).
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is not included or required with this subdivision. The subdivision does not
meet the requirements to require a neighborhood center.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. A lighting plan
will need to be submitted for review and approval prior to the contracting, creation of an S.I.L.D.
and installation of lights (Condition 9). The plan shall include a pole light detail with spacing
based on high pedestrian conflict, a local street pole light at one per local street intersection, and a
bollard light detail for placement at pathway/street intersections. 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. The Workforce Housing Ordinance (Ordinance
1710) had been suspended by the City Commission. Subsequently, the City has adopted an
inclusionary housing ordinance. This project does not count towards the City’s affordable
housing goals.
SECTION 6 - 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 this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a minor subdivision for the
subdivision of approximately 24.02 acres into one commercial lot, one restricted development
lot, and dedicate rights-of-way.
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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. 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.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. 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) 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 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
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ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned B-1 (Neighborhood Business District).
The intent of the B-1 neighborhood business district is to provide for smaller scale retail and
service activities frequently required by neighborhood residents on a day to day basis, as well as
residential development as a secondary purpose, while still maintaining compatibility with
adjacent residential land uses. Development Scale and pedestrian orientation are important
elements of this district.
Adopted Growth Policy Designation:
The property is designated as “Community Commercial Mixed Use” in the Bozeman Community
Plan. The Plan indicates that, “Activities within this land use category are the basic employment
and services necessary for a vibrant community. Establishments located within these categories
draw from the community as a whole for their employee and customer base and are sized
accordingly. A broad range of functions including retail, education, professional and personal
services, offices, residences, and general service activities typify this designation.”
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APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
A Preliminary Plat Application by the property owner and applicant J&D Family Limited
Partnership, LLC, 270 Automotive Ave., Bozeman, MT 59718 and represented by Big Sky Land
Consulting, Inc., 5530 Burnt Road, Belgrade, MT 59714 to allow the subdivision of a portion of
Lot R-1, J&D Family Subdivision (Plat J-502) into one (1) commercial lot, a remainder lot (R-2),
and road right-of-way. No parkland is proposed or required for this subdivision
Project Background
Lot R-1 is the remant of the J & D Major Subdivision reviwed and approved on May 10, 2010.
The original application subdivided 39.17 acres creating neighborhood and community
commercial lots, common open space, and a restricted development lot (Lot R-1). Two variances
were requested and granted to allow block length and widths to exceed the maximum of 400 feet.
No parkland for the future residential development was provided.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on December 6, 2016. The pre-application was
reviewed by the DRC on December 28, 2016 and summary review comments were forwarded to
the applicant in preparation of the preliminary plat application and granted numerous supplemental
information waivers under 38.41.060, BMC.
A preliminary plat application was submitted on February 8, 2017. On February 15, 2017 the
application was deemed acceptable for review. The preliminary plat was reviewed by the DRC on
March 1, 2017 and was deemed adequate for review.
Public notice for this application was on site with a public notice on April 4, 2017. Public notice
was sent to physically adjacent property owners and all property owners of record within 200 feet
of the subject property via first class mail, on April 4, 2017. No public comment has been received
on this project to date.
On April 14, 2017 this subdivision staff report was drafted and forwarded with a recommendation
of conditional approval by the Planning Director for consideration by the City Commission on
April 24, 2017. The City Commission is scheduled to make a final decision at their April 24, 2017
public hearing.
The final decision for a Minor Subdivision Preliminary Plat must be made within 35 working days
of the date it was deemed adequate; or in this case by April 19, 2017. Written approval extending
the review period was received on April 5, 2017.
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: J&D Family Limited Partnership, LLC, 270 Automotive Ave., Bozeman, MT 59718
Applicant: J&D Family Limited Partnership, LLC, 270 Automotive Ave., Bozeman, MT 59718
Representative: Big Sky Land Consulting, Inc., 5530 Burnt Road, Belgrade, MT 59714
Report By: Tom Rogers, AICP, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715.
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