HomeMy WebLinkAbout06-25-18 City Commission Packet Materials - C4. Findings of Fact for Catron Crossing Preliminary Plat
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Sarah Rosenberg, Associate Planner
SUBJECT: Catron Crossings Preliminary Plat Findings of Fact and Order, Application 18057 MEETING DATE: June 25, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Catron Crossings Preliminary Plat Application 18057.
BACKGROUND: On June 4, 2018, the City Commission held a public hearing on an application for preliminary approval for the Catron Crossings preliminary plat.
The Commission voted 4-1 to approve the application subject to conditions and code provisions
to ensure the final plan would comply with all applicable regulations and all required criteria.
These findings of fact provide a record of the review and Commission action.
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: June 6, 2018.
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Page 1 of 23
18057, City Commission Findings of Fact for the Catron Crossing
Subdivision
Date: Planning Board, May 15, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse
Avenue, Bozeman, Montana
City Commission, June 4, 2018 at 6:00 pm in the City Commission Room 121 N. Rouse
Avenue, Bozeman, Montana
Project Description: A Preliminary Major Subdivision application for a commercial
development located on 23 acres on Valley Center Road, north of Catamount Street. This
subdivision will contain 10 commercial lots and 1 stormwater tract.
Project Location: Located at Tract A-1, C.O.S. 1827, SE ¼ of Section 26 Township 1S, Range
5E PMM City of Bozeman, Montana. Located at 2515 Catamount Street.
Action: Approval with conditions
Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 18057 and move to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Report Date: June 6, 2018
Staff Contact: Sarah Rosenberg, Community Development
Shawn Kohtz, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None
Project Summary
The property owner, VC Development, LLC, applicant Spirited Holdings, Inc., and
representative Morrison-Maeirle, Inc., have submitted an application to subdivide an existing lot
of 23 acres into ten commercial lots and one stormwater tract. The subject property is zoned B-
2. The property is mostly vacant, except for two commercial businesses, one hotel, and one fast
food restaurant, which are located on the southern portion of the property. An internal roadway
will be constructed through the site to service the lots. The applicant proposes to develop the site
through two phases.
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A preliminary plat application was submitted on January 31, 2018 and was deemed on April 10,
2018. The final decision for a Major Subdivision must be made within 60 working days of the
date it was deemed adequate, or in this case, by July 3, 2018.
A pre-application for the Preliminary Plat was completed July 6, 2016. Based off these
comments, a Master Site Plan was required prior to a Preliminary Plat application. The Catron
Crossing Master Plan was approved on December 15, 2017 which approved the layout of the
streets, access locations, and easements for connectivity, trails, and lot configurations.
Planning Board
The Planning Board conducted a public hearing on May 15, 2018 to review the preliminary plat.
At the Planning Board hearing, the Board deliberated on code requirements involving the
construction and phasing of Street A, curb and gutter along E. Valley Center Road, and
concurrent construction. The Planning Board requested that these requirements be discussed at
the City Commission hearing. The Planning Board recommended 6-0 approval of the subdivision
with the conditions and code provisions presented in this report. Video of the Planning Board
meeting can be found here.
City Commission
The City Commission conducted the required public hearing on June 4, 2018. Two major topics
of discussion included the curb and gutter along E. Valley Center Road and phasing of Street A.
The applicant had initially requested to eliminate the requirement to construct curb and gutter
along E. Valley Center Road to reduce the chance of having to pay into a SID that could be
created in the future. City Commission deliberated Condition 4.a to have it amended from the
original staff report and to eliminate the requirement of building curb and gutter along E. Valley
Center Road. Condition 4.a was unanimously amended from the conditions of approval.
The applicant requested that Street A be constructed under two phases, which Staff argued does
not meet UDC Standard 38.400.010.A.1. The City Commission deliberated and a proposal was
made to amend it, however it was turned down with a vote of 3-2. After deliberation and vote on
these amendments, City Commission approved the subdivision, 4-1. No public comment was
received.
Public Comment
There was no public comment received in response to the project notice.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
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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 ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 12
SECTION 5 - STAFF ANALYSIS and findings .......................................................................... 12
Applicable Subdivision Review Criteria, Section 38.240.130, BMC............................... 12
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 14
Preliminary Plat Supplements ........................................................................................... 16
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 20
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 22
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 23
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF.................................. 23
ATTACHMENTS ......................................................................................................................... 23
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SECTION 1 - MAP SERIES
Zoning Vicinity Map
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Proposed Layout
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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. These conditions are specific to the preliminary plat.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application must include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The Gallatin County Clerk & Recorder’s office
has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
3. 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 shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. Deeds and realty transfer certificates must be provided for transfer of any platted tract to
the City or other entity in association with filing of the final plat.
5. 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 platted 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: ____________________________
6. The final plat must contain the following notation on the conditions of approval sheet:
“Ownership of all common open space areas and pathways, 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 pathways, 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
pathways, are for the use and enjoyment by the owners of the development and the general
public. The property owners’ association is responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and
pathways.”
7. 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.
8. 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.
9. Any public street lighting installed by this development must be LED.
10. Prior to acceptance of publically owned infrastructure, the contractor must provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are
found during the two-year warranty period. The City of Bozeman must be named as dual
oblige on the bond.
11. 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:
a. Street improvements to Catamount Street including paving, curb/gutter, sidewalk,
and storm drainage
b. Street improvements to N. 27th Avenue including paving, curb/gutter, sidewalk,
and storm drainage
c. Street improvements to E. Valley Center Road including paving, curb/gutter,
sidewalk, and storm drainage
d. Intersection improvements to N. 19th Avenue and E. Valley Center Road
e. Intersection improvements to Catamount Street and E. Valley Center Road
f. Intersection improvements to N. 27th Avenue and Catamount Street
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g. Intersection improvements to N. 27th Avenue and E. Valley Center Road
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. The applicant must
provide a copy of the filed SID waiver prior to final plat approval.
12. All proposed public utilities to serve the subdivision must be shown on the public
infrastructure plans and specifications.
13. All clear distances between the City utilities and right of way lines, gutters, trees, and
other utilities must be maintained as specified in the City Design Standards and
Specification Policy.
14. The developer must make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
15. The applicant must add a note to the Conditions sheet of the plat to the effect that
maintenance of stormwater infrastructure is the responsibility of the property
owners’ association.
16. The Conditions and Notes sheet of the final plat must contain the following language that
is readily visible with lettering, at a minimum size of 12 point type, placing future
landowners of individual lots on notice of the presence of high groundwater in the area of
the subdivision:
“Due to the potential of high ground water tables in the areas of the subdivision, it is
not recommended that residential dwellings or other structures with full or partial
basements be constructed without first consulting a professional engineer licensed in
the State of Montana and qualified in the certification of residential and commercial
construction.”
17. The proposed development falls within an 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.
18. The applicant is advised that the proposed project falls within the Bozeman Solvent
Site boundary. The property is underlain by an aquifer contaminated with
perchloroethylene (PCE). No irrigation wells may be installed on this property.
19. The applicant must add a note to the Conditions sheet of the plat to the effect City
standard sidewalks shall be constructed on all public and private street frontages
prior to occupancy of any structure on individual lots. Upon a third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not
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constructed the required sidewalk shall, without further notice, construct within 30
days, the sidewalk for their lot(s), regardless of whether other improvements have
been made on upon the lot.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
1. Bozeman Municipal Code (BMC) 38.410.070.A.1 states: The developer shall install
complete municipal water and sanitary sewer system facilities, or a system allowed by
38.350.030.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.
a. Lot 1 must have a building restriction placed on the lot until sanitary sewer service is available to the lot. The proposed infrastructure plan indicates
sanitary sewer that terminates with no connection to the City sanitary sewer
system. The building permit restriction will remain in place until the
applicant connects sanitary sewer to the City sanitary sewer system. The proposed connection relies on construction of multiple off-site improvements including the Davis Lane Lift Station and force main and an
off-site 8-inch sanitary sewer main extended to this property defined in the
City Wastewater Collection Facilities Plan. Those offsite improvements
must be complete prior to lifting the building permit restriction on Lot 1. The applicant must file a building permit restriction on Lot 1 prior to final plat approval of the Subdivision Phase 2.
b. The applicant proposed a 10-inch sanitary sewer main to be constructed to
Lot 2. However, the peak-hour flow listed in the applicant’s calculations in
that main is 24 gallons-per-minute (gpm). The proposed main must be an 8-inch main to provide reasonable flushing velocities in the main. The proposed 10-inch main will not be accepted. If minimum slope for an 8-inch
main cannot be obtained to provide service to Lot 2, Lot 2 must be served
by a connection to the sanitary sewer main proposed in Lot 1, and the
building permit restriction required of Lot 1 will also apply to Lot 2.
c. The applicant must provide a minimum, permanent 12-foot wide all-weather surface to the sanitary sewer manholes located outside the street or
alley right-of-way including the manholes in Lot 1, Stormwater Tract 1, and
Lot 9 prior to final plat approval. The applicant must also provide an
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easement for maintenance access over the 12-foot wide all weather surface prior to final plat approval.
d. The applicant must construct fire hydrants at spacing defined in the City
Design Standards and Specifications Policy and per City Fire Department requirements prior to final plat approval.
2. The applicant requested concurrent construction per BMC 38.270.030.D. That code section
only applies to planned unit development (PUD). The request for concurrent construction is
not approved as the proposed subdivision is not a PUD. The Engineering Department
reviewed the plans and determined that code criteria is not met to be granted concurrent
construction.
3. BMC 38.400.010.A.2 states: The developer shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is
necessary for the convenient movement of traffic, effective provision of emergency services
and efficient provision of utilities.
a. Street A and the associated temporary gravel turn-around must be completed
from the western property boundary to E. Valley Center Road in Phase I.
4. BMC 38.400.010.A states: All streets shall be provided in accordance with the adopted
growth policy and/or transportation plan. The arrangement, type, extent, width, grade and
location of all streets shall be considered in their relation to existing and planned streets, to
topographical conditions, to public convenience and safety, and to the proposed uses of the
land to be served by such streets.
a. The property owners’ association will be responsible for the alley identified on
the plans as “Street B.” The applicant must label “Street B” correctly as an
alley on the plat prior to final plat approval. The applicant must also include a
note on the plat that the property owners’ association is responsible for
maintenance of the alley.
b. The intersection of the alley and “Street A” must be constructed with a City
Standard Non-Residential Driveway Approach per Standard Drawing 02529-
12.
c. The property owners’ association (POA) must maintain the temporary gravel
turn-around at the end of Street A until Street A is connected from E. Valley
Center to N. 27th Avenue. The applicant must note this requirement on the
plat. The POA must plow the gravel turn around and keep it clear through the
winter. The applicant must provide an easement for the temporary gravel
turnaround prior to final plat approval. The easement may only be vacated
when Street A is connected from E. Valley Center Road to N. 27th Avenue.
The applicant must provide an original, executed easement on City standard
form to the City Engineering Division prior to final plat approval.
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5. BMC Section 38.410.060.C.1 states: A public utility easement shall be granted for all public
utility mains not located within public street right-of-way.
a. The applicant must execute and deliver original easement documents to the
City Engineering Division for the water and sanitary sewer mains that are
located outside public right-of-way. The easements must be drafted on City
Standard form and be delivered prior to final plat approval.
b. The applicant must demonstrate an easement exists for the existing sanitary
sewer main on Lot 8 prior to final plat approval. If the easement does not exist,
the applicant must provide an executed original easement for the main prior to
final plat approval.
c. The applicant must provide an extension of the proposed sanitary sewer
easement on Stormwater Tract 1 to the right-of-way on E. Valley Center Road
as the proposed sewer termination location may not be feasible in the future.
The applicant must provide the executed, original easement prior to final plat
approval. The applicant must execute the easement on City Standard form and
provide the executed, original easement to the City Engineering Division.
6. Bozeman Municipal Code (BMC) Section 38.410.060.A states: Where determined to be
necessary, public and/or private easements shall be provided for private and public utilities,
drainage, vehicular or pedestrian access, etc.
a. The applicant must provide a mutual access and maintenance easement for the
private storm sewer mains and facilities that require access across lot lines. The
applicant must file this easement with the County Clerk and Recorder and
provide a copy of the filed easement prior to final plat approval.
7. BMC 38.570.030 states: Street lighting consists of street lighting and pathway intersection
lighting, and shall comply with the City of Bozeman Design Standards and Specifications
Policy (DSSP).
a. The applicant must include a note on the plat that the POA is responsible for
maintenance of any lighting located outside of public street rights-of-ways.
8. Bozeman Municipal Code (BMC) Section 38.410.080.A states: 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.
a. The applicant must include a note on the plat that the POA is responsible for
maintenance of all stormwater infrastructure located outside public street
right-of-way.
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9. BMC Section 38.410.130 states: the transfer of water rights or the payment of cash-in-lieu
(CIL) of water rights shall be provided.
a. The applicant may defer the CIL of water rights requirements to prior to site plan
approvals on individual lots per BMC 38.410.130.C, and the applicant must specify
the intent to use to use the deferment prior to final plat approval.
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS
The Development Review Committee (DRC) considered the application on February 21, 2018.
The DRC found the application sufficient for review and as a result, finds that the application,
with conditions and code provisions, is in compliance with the adopted Growth Policy, the
Montana Subdivision and Platting Act and the Unified Development Code. The DRC
recommends conditional approval with code provisions of the preliminary plat application.
The Planning Board conducted a public hearing on May 15, 2018 to review the preliminary plat
and recommended approval of the application with the conditions outlines in this report to the
City Commission.
The City Commission reviewed the application at a public hearing on June 4, 2018 and approved
the application, 4-1, with the conditions outlined in this report.
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 38.240.130, BMC.
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. 2, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
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a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Additional compliance and data necessary to verify compliance with Chapter 38 will be
required. Section 3 of this report identifies specific corrections necessary to comply with the
municipal code.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application was received on January 31, 2018. The application was found adequate for
further review on April 10, 2018. The hearings before the Planning Board and City Commission
have been properly noticed as required by the municipal code. Based on the recommendation of
the DRC, as well as any public testimony received on the matter, the Planning Board forwarded a
recommendation for approval to the City Commission who will make the final decision on the
application.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. Pursuant to Section
38.240.130.A.5.a(4), BMC, the City Commission shall approve, conditionally approve or deny
the subdivision application by July 3, 2018, unless there is a written extension from the
developer, not to exceed one year.
Public notice for this application was given as described in Appendix C.
On May 24, 2018 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval to City Commission.
4) Compliance with Chapter 38, BMC and other relevant regulations
The DRC reviewed the preliminary plat against all applicable regulations. There are two areas of
noncompliance that have been identified on the lot proposed for subdivision. A Site Plan was
approved for a convenience use restaurant. The restaurant was subsequently constructed and
after occupancy, two issues: mechanical screening and tree planting in Montana Department of
Transportation right of way, were identified as nonconforming. Staff is working with the
applicant to resolve those issues as it is reviewed under the Site Plan application.
The application after identified code corrections, the resolution of nonconformities and
conditions of approval will comply with the Unified Development Code and all other relevant
regulations. This report includes conditions of approval and code provisions as recommended by
the DRC for consideration by the City Commission to complete the application processing for
final plat approval. All municipal water and sewer facilities will conform to the regulations
outlined by the Montana Department of Environmental Quality and the requirements of the
Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana
Public Works Standard Specifications.
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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 38.410.060.A, BMC all
easements, existing and proposed, must 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. All city utilities will be located within
dedicated street right of way or associated sewer and water easements.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards or an
approved alternative with lot frontage with alley and greenway access as shown on the
preliminary plat. In addition, pursuant to Section 38.400.090.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
The Montana Subdivision and Platting Act, Section 76-3-608, M.C.A. establishes the following
primary review criteria for the governing body to consider when evaluating subdivisions. The
DRC and other applicable review agencies have made comments in relation to those and other
criteria as described below, and have recommended conditions of approval and identified code
provisions that apply as outlined at the beginning of this staff report.
1) The effect on agriculture
The subject property is designated as Community Commercial Mixed use according to the City
of Bozeman Community Plan. The subject property is zoned for commercial development and
the area to be subdivided on the subject property is not in agricultural production. Therefore, this
subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
There are no changes or impacts identified to agricultural water user facilities located on the
proposed subdivided area of the subject property.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways and
are proposed to be extended on site. The applicant has provided the necessary water and sewer
design report for review by the City Water/Sewer and Engineering Departments.
Final approval of the water distribution system and sewage collection/disposal system will be
obtained through normal approval procedures of preliminary and final plat review by the City
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Engineering Department, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality.
Adequate sewer and water capacity exists to serve the development except for the northwestern
most lot 1. Additional infrastructure is required to be installed in order to provide service to this
area. Additional fire hydrants are required on site in order to comply with code standards. Code
provisions 1 and 5 applies to these issues. North of the site, the Davis lift station will be
constructed to better service any future connection to the west. A sewer line will be able to be
placed under Street A to service the development within this subdivision and future development
to the west.
Cash in lieu of water rights is required to provide long term water to the project. Code provision
9 applies to this issue.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. The phasing plan does not comply with code requirements as Street A is not
proposed to be extended to the boundary of the project with Phase 1. Code provision 3,
addresses connecting Street A through the subdivision during Phase 1 which will help service the
subdivision development and achieve connection to the surrounding area. Special Improvement
District Protest Waivers for future improvements to the streets are required in Condition 11.
Street lighting is a component of the required street improvements. The applicant has proposed a
lighting plan to meet the requirement. Lighting will be installed with the street infrastructure
following final design approval. City policies and plans require LED lighting be utilized for
street lighting. Condition 9 applies to this issue.
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 Engineering Department
prior to filing the final plat to facilitate emergency response to the site. Mitigation of impacts on
fire services will be mitigated with the payment of the fire impact fees due with building permits
for new homes and the contributions to the general fund.
Stormwater - The applicant submitted a preliminary design report for stormwater management
for review by the City Engineering Department. The standard requirement for a detailed review
of the final grading and storm 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.
Code provisions 4, 6, and 8 and Conditions 16, 17, and 18 ensure that the stormwater system is
integrated, designed, constructed and maintained with the development to provide treatment,
prevent flooding and standing water in the development.
Parklands – The subdivision will not significantly affect parkland. The proposed subdivision is
zoned commercial, and therefore, does not require any land dedication or cash donation in-lieu.
However, any future development of the proposed subdivision with accessory residential uses
requires park dedication or cash or improvements in-lieu.
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4) The effect on the Natural environment
The site is in an area of high groundwater which may negatively impact the development.
Adequate drainage plans are necessary to prevent the inappropriate transfer of stormwater runoff
onto adjacent private property. The site lies within a controlled groundwater area known as the
Bozeman Solvent site, no groundwater wells are allowed on this property. The issues are
addressed in Conditions 16, 17, 18.
5) The effect on Wildlife and wildlife habitat
The site has been substantially impacted already which has reduced wildlife habitat. The
approved and constructed 404 permit created additional wetlands which provide small animal
and bird habitat. Large animal habitat is displaced. Montana Fish Wildlife and Parks offered
comment on prior phases and did not identify any barriers to this development.
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 compliance with the title with applicable code provisions and
conditions. All conditions and code provisions deemed necessary to ensure compliance have
been noted throughout this staff report. All subdivisions must be reviewed against the criteria
listed in 76-3-608.3.b-d, Mont Code Ann. and as a result, the Department of Community
Development has reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on July 6, 2016. With the
pre-application plan review application, waivers were requested from the materials required in
Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” The waiver
requests for items 5-9, 14, 16, 17, 19 and 20 of the supplement checklist were granted.
Staff offers the following summary comments on the supplemental information required with
Article 38.220, BMC.
38.220.060.A.1 Surface Water
Surface waters on the property include the riparian wetland fringe associated with Catron Creek.
Catron Creek flows parallel with the eastern boundary of the subdivision. Supplemental
information was provided showing location the wetland and waterways. All buildable lots with
waterways display a wetland boundary and 50 foot water course setback in which there can be no
infrastructure construction. A separate stormwater lot is dedicated on the northern portion of the
subdivision. Applicable reports and Section 404 Joint Application were provided with the
application. No impacts to surface waters are identified.
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18057, City Commission Findings of Fact – Catron Crossing Subdivision Page 17 of 23
38.220.060.A.2 Floodplains
The applicant provided a Flood Hazard Evaluation/Hydraulic Design Report that as prepared for
the relocation of Catron Stream Ditch. The relocation of the ditch has little to no impact on the
floodplains and how it impacts the proposed subdivision. No impacts to flood plains are identified.
38.220.060.A.3 Groundwater
A geotechnical investigation was completed in 2012 for the project area. Ground monitoring has
been administered through monitoring wells on the property. A note is proposed to be included
on the final plat that due to high ground water conditions in the area full or partial basements are
not recommended. Buildings proposed for construction with crawl spaces or basements shall
include Engineer Certification regarding depth of ground water and soil conditions and proposed
mitigation methods to be submitted with each Building Permit. Installation of municipal water
and sanitary sewer services will greatly reduce any concerns regarding the potential of
groundwater degradation. The site lies within a controlled groundwater area known as the
Bozeman Solvent site, no groundwater wells are allowed on this property. Conditions 16, 17, 18
apply to this issue.
38.220.060.A.4 Geology, Soils and Slopes
An NRCS Soil Resource Report was provided with the application. The property is underlain by
relatively uniform soil conditions that appear adequate to carry the burden of infrastructure.
38.220.060.A.5 Vegetation
Material waived. The only significant natural vegetation on site is in the Catron Creek
watercourse corridor, minor disturbance is expected with the subdivision. The corridor is
protected by a setback and will be enhanced over time with additional wetland plantings required
with site development.
38.220.060.A.6 Wildlife
A waiver was granted for Wildlife. The Catron Creek corridor is the only wildlife habitat on
site, minor disturbance is expected with the subdivision. The corridor is protected by a setback
and will be enhanced over time with additional wetland plantings required with site
development.
38.220.060.A.7 Historical Features
Material waived. There are no identified historical features on the site.
38.220.060.A.8 Agriculture
Material waived. The property is not in agricultural production.
38.220.060.A.9 Agricultural Water User Facilities
Material waived. No agricultural water user facilities are on site.
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18057, City Commission Findings of Fact – Catron Crossing Subdivision Page 18 of 23
38.220.060.A.10 Water and Sewer
New infrastructure will be installed on site to serve the development. The applicant has provided
the adequate information with the application to facilitate review. Additional design details will
be provided during the plan and specification review conducted by the Engineering division prior to construction. Final approval of the water distribution system and sewage collection/disposal system will be obtained through normal approval procedures of preliminary and final plat review
by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department of
Environmental Quality. Adequate sewer and water capacity exists to serve the development
except for the northwestern most lot 1. Additional infrastructure is required to be installed in order to provide service to this area. Additional fire hydrants are required on site in order to comply with code standards. Code provisions 1 and 5 apply to these issues.
Cash in lieu of water rights is required to provide long term water to the project. Code provision
9 applies to this issue.
38.220.060.A.11 Stormwater Management
The application proposes to manage stormwater onsite through storm drainage inlets, piping, and subsurface or surface storm water retention systems that is located on a separate stormwater lot.
Review of the proposed methods of treatment complies with adopted standards. Further analysis
will occur during the final plans and specifications review by the Engineering Division and final
approved will be obtained through the City Engineering Department. Code provisions 4, 6, and 8 and Conditions 16, 17, and 18, ensure that the stormwater system is integrated, designed, constructed and maintained with the development to provide treatment, prevent flooding and
standing water in the development.
38.220.060.A.12 Streets, Roads and Alleys
A traffic impact study was provided that was deemed sufficient by the City’s Department of
Engineering. The subdivision is serviced externally by E Valley Center Rd, a Principal Arterial, and Catamount Street, a Minor Arterial. The applicant is proposing two internal public rights of way: one local street and one alley. Street A, will service as a city maintained local street. Road
B, is required to be relabeled as an alley as it does not meet local street standards and is classified
an alley. These internal facilities will provide adequate capacity through Condition 3. Due to the
irregular shape of the parcel and adjacent E. Valley Center Road, block length standards cannot be met with local streets. Block length standards can be accommodated by two other pedestrian
corridors with public easement access and pedestrian pathways: one shared use path along the
western site boundary that connects Valley Center Road to a larger transportation pathway
system developed to the south of Catron Street and a midblock east west connection that will
integrate into the commercial site development. When combined with Street A, the pedestrian corridors meet block length requirements.
The phasing plan does not comply with code requirements as Street A is not proposed to be
extended to the boundary of the project with phase 1 with the fulfillment of Code Provision 3,
which addresses connecting Street A through the subdivision during Phase 1. The intent of
Section 38.400 of the UDC is to construct streets that comply with the adopted growth policy
and/or transportation plan and to achieve a relation to undeveloped and developed areas. Streets
and alleys that are proposed within a subdivision development must be constructed to the
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18057, City Commission Findings of Fact – Catron Crossing Subdivision Page 19 of 23
boundary lines of the tract to be developed unless prevented by topography or other physical
constraints. The subject property does not have topography or physical constraints that prevent
Street A from being fully developed. The request to develop Street A in two different phases
would require a subdivision variance, in which the Engineering Department would not support.
There is substantial development proposed in the area and the infrastructure that will be placed in
Phase 1 will help accommodate the full buildout of the subdivision and as well as to the
proposed development in the area.
38.220.060.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 38.410.050, BMC. All utilities will be required to
coordinate their installation and location with the installation of the infrastructure. The DRC and
local review agencies did not identify any potential impacts and/or concerns with providing
private utilities to the subdivision as long as proposed conditions are satisfied. Conditions 7, 12,
13 apply to this issue.
38.220.060.A.14 Educational Facilities
Material waived. This is a commercial subdivision.
38.220.060.A.15 Land Use
The 11 lot subdivision is planned for 10 commercial lots and one stormwater lot. The use and lots are in compliance with the underlying B-2, community business district, zone district.
84.75% (19.79 acres) will be dedicated to commercial lots, 9.29% (2.17 acres) will be streets,
and 5.96% (1.39 acres) will be dedicated to the stormwater lot, equaling 23.35 acres.
38.220.060.A.16 Parks and Recreation Facilities
Material waived. This is a commercial subdivision.
38.220.060.A.17 Neighborhood Center Plan
Material waived. This is a commercial subdivision.
38.220.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.570.010, BMC. A lighting plan
and installation of lights has been proposed and is in conformance with the standards. Final
approval of the lighting system will be obtained through the City Engineering department. City policies and plans require LED lighting be utilized for street lighting. Condition 9 applies to this issue.
38.220.060.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.
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38.220.060.A.20 Affordable Housing
Material waived. This is a commercial subdivision.
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 major subdivision of
approximately 23 acres into 10 commercial lots with one (1) stormwater tract, and with the
remaining area as street right of ways.
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 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.
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 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 an extension to its approval by the Community Development Director for
a period of mutually agreed upon time.
DATED this _______day of , 2018.
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18057, City Commission Findings of Fact – Catron Crossing Subdivision Page 21 of 23
BOZEMAN CITY COMMISSION
_________________________________
Cyndy Andrus
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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18057, City Commission Findings of Fact – Catron Crossing Subdivision Page 22 of 23
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned B-2, Community Business
District. The intent of the B-2 zone district is to provide 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. Multi-household dwellings, townhouses, and apartments are allowed as a
secondary use due to their complementary nature and ability to enhance the walkability of these
districts. Design standards emphasize pedestrian oriented design are important elements of this
district. Use of this zone is appropriate for arterial corridors, commercial nodes, and/or areas
served by transit.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Community Commercial Mixed Use.” The
“Community Commercial Mixed Use” classification designates places where the primary activity
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.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category,
typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
are activity centers for an area of several square miles surrounding them. These are intended to
service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 1015 acre size range
and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point.
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18057, City Commission Findings of Fact – Catron Crossing Subdivision Page 23 of 23
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
The property owner, VC Development, LLC, applicant Spirited Holdings, Inc., and
representative Morrison-Maeirle, Inc., have submitted an application to subdivide an existing lot
of 23 acres into ten commercial lots and one stormwater tract. The subject property is zoned B-
2. A Master Site Plan was approved on December 15, 2017. The property is mostly vacant,
except for two commercial businesses, one hotel, and one fast food restaurant, which are located
on the southern portion of the property. An internal roadway will be constructed through the site
to service the lots.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. Per Article 38.220, notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet, and by legal advertisement publication in the Bozeman Daily Chronicle. Notice of the
project was published on the City of Bozeman website. Content of the notice contained all
elements required by Article 38.220, BMC.
No public comments have been received as of the writing of this report. No public comment was
presented at the Planning Board hearing.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: VC Development, LLC, 1184 N. 15th Avenue, Suite 4, Bozeman, MT 59715
Applicant: Spirited Holdings, Inc., 1184 N. 15th Avenue, Suite 4, Bozeman, MT 59715
Representative: Morrison Maierle, Inc. PO Box 1113, Bozeman, MT 59771
Report By: Sarah Rosenberg, Community Development
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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