HomeMy WebLinkAbout07-16-18 City Commission Packet Materials - A2. PT Land Phase 3 Minor Sub Prelim Plat17315 Staff Report for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 1 of 23
17315 Staff Report for the PT Land Phase 3 Minor Subdivision Preliminary
Plat
Public Hearing Date: City Commission meeting is July 16, 2018 at 6:00 pm.
Project Description: A subsequent minor preliminary plat application to allow the subdivision
of a 32.51 restricted development lot to create two lots for commercial development, two
common open space lots and one restricted development lot, and dedicate rights of way
within the boundaries of the PT Land Planned Unit Development.
Project Location: The property is legally described as Lot 6A of the PT Land Phase 2 Minor
Subdivision, located in the NW ¼ of Section 1, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana. The property is zoned B-2,
Community Business District.
Recommendation: Approval with conditions and code provisions.
Recommended Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 17315 and move to approve the PT Land Phase 3 Minor
Subdivision Preliminary Plat with conditions and subject to all applicable code
provisions.”
Report Date: June 26, 2018
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application requesting
a subsequent minor subdivision from a 32.5 acre restricted development lot to create two
commercial development lots totaling 8.24 acres, dedicate 3.3 acres of right of way, create 7
acres of open space, and restrict a 13.93 acre future subdivision lot. This subdivision is a second
or subsequent minor subdivision from a tract of record and does not require Planning Board
review. State statute requires a public hearing before a City Commission decision.
On May 24, 2018, the Development Review Committee (DRC) found the application adequate
for continued review and recommends the conditions and code provisions identified in this
report.
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The proposed subdivision conforms to the PT Land Planned Unit Development Z-06230 that the
City Commission approved in 2006.
The subdivider did not request any subdivision or zoning variances with this application. Staff
did not receive any written public comment on the application as of the writing of this report.
The final decision for a subsequent minor subdivision preliminary plat must be made within 60
working days of the date it was deemed adequate; in this case by August 20, 2018.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ..................... 10
SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 12
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 12
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15
Preliminary Plat Supplements ........................................................................................... 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 22
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 23
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 23
FISCAL EFFECTS ....................................................................................................................... 23
ATTACHMENTS ......................................................................................................................... 23
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan future land use
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Exhibit 3 – Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The final plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats
(24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City Engineer that record drawings for public improvements were received, a platting certificate, and all required and corrected certificates.
3. The remainder Lot 4 of Block 3 of the PT Land Subdivision Phase 3 must be platted as an
undevelopable lot in accordance with Section 38.270.030 BMC, with the following language placed on the undevelopable lot of the final plat:
“Lot development subject to further subdivision review.”
No public improvements shall be required for the undevelopable lot until it is subdivided as a
lot not subject to this restriction. This language must be placed on the conditions of approval
sheet of the final plat or in a separately executed document to be recorded with the final plat:
“NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 4, Block 3 of the PT Land Subdivision Phase 3, City of Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and
off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter
38.270 of the Bozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject to further subdivision, and no development of this lot shall occur until all on and off site improvements are completed as required under the Bozeman Municipal Code. THREREFORE, BE ADVISED, that Building Permits will not be
issued for Lot 4, Block 3 of the PT Land Subdivision Phase 3, City of Bozeman, Gallatin
County, Montana until all required on and off site improvements are completed and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on this lot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.”
4. The applicant must include a note on the conditions of approval sheet of the plat regarding
high groundwater conditions prior to final plat approval, “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
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connected to the drainage system. 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.”
5. If not already filed with the planned unit development, 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 Baxter Lane
b. Street improvements to Oak Street
c. Intersection improvements to N. 15th Avenue and Baxter Lane
d. Intersection improvements to N. 19th Avenue and Baxter Lane
e. Intersection improvements to N. 7th Avenue and Oak Street
f. Intersection improvements to N. 7th Avenue and Baxter Lane
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.
6. The final plat must include a note advising the property owners’ association of its
responsibility for maintenance of the private street along the east boundary of Lot 1, Block 4
and Lot 2, Block 4 between Baxter Lane and Tschache Lane.
7. The City will accept ownership of the following improvements and will maintain these
improvements in perpetuity, which must be called out on the Certificate of Consent and
Dedication:
a. Tschache Lane and associated stormwater sanitary sewer mains in the dedicated right of
way;
b. Baxter Lane and associated stormwater sanitary sewer mains in the dedicated right of
way;
c. N.15th Avenue and associated stormwater sanitary sewer mains in the dedicated right of
way;
d. All water mains;
e. All sanitary sewer mains.
8. The final plat shall contain the following notation on the conditions of approval sheet:
“Ownership of all common open space areas, and responsibility of maintenance thereof and
for city assessments levied on the common open space lands shall be that of the property
owners’ association. Maintenance responsibility shall include, in addition to the common
open space, 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
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adjacent to public parks or other common open space areas. The property owners’ association
shall 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 the subdivider must transfer ownership of all common open space areas to the
property owners’ association in order to maintain all common open space areas within the
subdivision.”
9. Per the approved PT Land PUD, Application Z-06230 Common Open Space 1, Block 5 must
be publicly accessible as PUD performance points were granted in that entitlement based
upon public accessibility. A public access easement for the Common Open Space 1, Block 5
must be provided as a separate document at final plat describing the scope of the grant of
easement and naming a custodian of the public’s interest in the easement. The final plat must
be updated to note this lot as public access per the associated easement.
10. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not the
subdivider) shall transfer ownership to the property owners’ association all open space
proposed to be conveyed to the property owners’ association and all its right, title, and
interest in any improvements made to such open space. For the transfer of real property, the
subdivider or owner of the property shall submit with the application for final plat a warranty
deed or other instrument acceptable to the City Attorney transferring fee simple ownership to
the property owners’ association and associated realty transfer certificate. The subdivider or
owner of the property must record the deed or instrument at the time of recording of the final
plat. For personal property installed upon open space owned by the property owners’
association, the subdivider shall provide an instrument acceptable to the City Attorney
transferring all its rights, title and interest in such improvements including all applicable
warranties to such improvements.
11. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat application will not
be deemed complete until the resolution to create the SILD has been approved by the City
Commission. The initial adoption of the special improvement lighting district shall include
the entire area of the preliminary plat for the PT Land Phase 3 Subdivision. As each final plat
within the PT Land Phase 3 Subdivision is approved the area and number of lots approved
for development and associated lighting improvements shall be added to basis of the installed
improvements and the fee payers of the district. Areas within the district which are platted as
restricted development lots shall not be assessed a fee or if it is determined that a fee must be
charged to restricted development lots the lot shall be assessed as a single lot.
12. All necessary utility easements must be described, dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will
require written confirmation from utility companies providing service indicating that rear or
side yard easements are not needed.
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SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
All references below to the Bozeman Municipal Code.
A. The final plat must contain updated references to the newest version of the Unified
Development Code, Chapter 38 of the Bozeman Municipal Code (BMC), effective March 31,
2018.
B. BMC 38.240.450 requires a certificate of completion of improvements. Certificate must
specifically list all installed improvements and financially guaranteed improvements.
C. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements. These will include landscaping in common open space 1, block 5 and
common open space 2, block 2.
D. BMC 38.550.070. In accordance with the requirements of this section, installation by the
developer of vegetative ground cover, boulevard trees, and irrigation system in the public
right-of-way boulevard strips and adjacent to public parks or other open space areas is
required prior to the final plat application of that phase.
E. BMC 38.400.050 states: All streets and roads providing access to, and within, the proposed
development must meet the following standards:
1. Right-of-way width and construction standards contained in this chapter: the most recently
adopted long range transportation plan; the City of Bozeman Design Standards and
Specifications Policy; and the City of Bozeman Modifications to Montana Public Works
Standard Specifications. The applicant is responsible for the local share of upgrades to
Baxter Lane including curb and gutter on both sides of Baxter Lane and sidewalk on
the southwest side of Baxter lane adjacent to the property boundary. The local share
also includes utilities and any necessary engineering and permitting for the
improvements. The applicant must be pay cash-in-lieu of infrastructure for upgrades to
Baxter Lane per BMC 38.270.070 prior to final plat approval.
F. BMC 38.410.040.B states: Block length shall not be designed, unless otherwise impractical, to be more than 400 feet in length or less than 300 feet in length. Block lengths can be longer
than 400 feet if necessary due to topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no case shall a block exceed 1,320 feet in length. The applicant’s preliminary plat drawing indicates construction of the private north/south street to be constructed with the subdivision. However, the preliminary engineering plans indicate the private street will be constructed upon future site plan development. The private street must be constructed with the subdivision improvements.
G. BMC 38.410.070.A.1 states: The developer must 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 must 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
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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 must
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. The
applicant’s preliminary plat drawing indicates construction of the private north/south
street and associated water main loop to be constructed with the subdivision. However,
the preliminary engineering plans indicate the water main loop will be constructed
upon future site plan development. The water main loop must be constructed with the
subdivision improvements.
H. BMC 38.410.060.A states: Where determined to be necessary, public and/or private
easements must be provided for private and public utilities, drainage, vehicular or pedestrian
access, etc.
a. The applicant must obtain an offsite public street and utility easement for
completion of N. 15th Avenue near the intersection of Patrick Street and N.
15th Avenue prior to final plat approval.
b. The applicant must provide all other executed easements defined in the
preliminary plat application prior to final plat approval.
c. The applicant must provide any necessary easements, or alternatively, right-
of-way dedication, for improvements to Baxter Lane prior to final plat
approval.
I. BMC 38.410.130 requires transfer of water rights or the payment of cash-in-lieu (CIL) of
water rights must be provided. The applicant must contact the City Engineering Division
for an analysis of CIL of water rights for the proposed project. The applicant must pay
any CIL of water rights due prior to final plat approval.
J. BMC 38.410.080.A states: The developer must 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 provide a stormwater maintenance plan for all elements
of stormwater infrastructure not located in public right-of-way and include
that maintenance plan in the property owners’ association documents prior
to final plat approval.
b. The property owners’ association must maintain all stormwater
infrastructure not in the public right-of-way. The applicant must include
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language in the property owners’ association documents referencing the
stormwater maintenance plan. Additionally, the applicant must include a
note on the plat to the effect that the property owners’ association is
responsible to maintain all stormwater infrastructure within the subdivision
not located in public right-of-way.
SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS
Project Name: PT Land Phase 3 Minor Subdivision Preliminary Plat, 17315
The Development Review Committee (DRC) reviewed the proposed minor subdivision
preliminary plat application and determined the application submittal contained detailed,
supporting information that is sufficient to allow for the review of the proposed subdivision on
May 24, 2018; and as a result, found that the application, with the recommended conditions of
approval and required plat corrections, is in compliance with the adopted growth policy, the
Montana Subdivision and Platting Act and the Unified Development Code.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a City Commission decision.
The City Commission is scheduled for a public hearing on this minor subdivision preliminary
plat on July 16, 2018. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
Having reviewed the application against the criteria established for a minor subdivision, Staff
recommends conditional approval as submitted.
SECTION 7 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in recommended Condition of approval No. 2, the final plat
must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal
Code.
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2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Unified
Development Code (UDC). The subdivider is advised that unmet code provisions, or code
provisions not specifically listed as a condition of approval, do not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all
municipal standards. Therefore, upon satisfaction of all conditions and code corrections the
subdivision will comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman City Commission public hearing was properly noticed in accordance with the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony
received on the matter, the City Commission will make the final decision on the subdivider’s
request.
The Department of Community Development received a preliminary plat application on June 27,
2017. Staff deemed the application acceptable for initial review in writing on July 6, 2017. The
DRC reviewed the preliminary plat application and determined the submittal did not contained
detailed, supporting information that was sufficient to allow for the continued review of the
proposed subdivision on July 26, 2017. A wetland consultant representing the City’s wetland
review process reviewed the wetland delineation and supporting materials and presented required
corrections to the applicant on August 14, 2017.
A revised application was received on February 26, 2018. The DRC determined the application
was again inadequate for further review on March 26, 2018. A revised application was received
on May 2, 2018. The DRC determined the application was adequate for continued review on
May 24, 2018 and recommended conditions of approval and code corrections for the staff report.
The City’s wetland consultant reviewed the revised wetland materials an issued comments and a
recommendation for approval on June 10, 2018
Staff scheduled public notice for this application on June 21, 2018 for publication in the legal
advertisements section of the Bozeman Daily Chronicle on Sunday, June 24, 2018. The applicant
posted public notice on the subject property on June 22, 2018. Staff sent public notice to
physically adjacent landowners via certified mail, and to all other landowners of record within
200-feet of the subject property via first class mail, on June 21, 2018. No public comment had
been received on this application as of the writing of this report.
On June 29, 2018 staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat application with a recommendation of conditional approval by the
Director of Community Development for consideration by the City Commission, which is
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scheduled to make a final decision at its July 16, 2018 public hearing. The City Commission
must make a final decision on a subsequent minor subdivision preliminary plat within 60
working days of the date the application was deemed adequate; in this case by August 20, 2018.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development Staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the Unified Development Code and all other
relevant regulations with conditions and code corrections. This report includes Conditions of
Approval and code provisions requiring plat corrections as recommended by the DRC for
consideration by the City Commission to complete the application processing for final plat
approval. All municipal water and sewer facilities will conform to the regulations outlined by the
Montana Department of Environmental Quality and the requirements of the Design Standards
and Specifications Policy and the City of Bozeman Modifications to Montana Public Works
Standard Specifications.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. As
detailed under the Subdivisions Review Criteria No. 2 above, required by Section 38.23.060.A.
and recommended as Condition of approval No. 12, all easements, existing and proposed, must
be accurately depicted and addressed on the final plat and in the final plat application.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
Plat correction H requires the subdivider to demonstrate the feasibility of the proposed street
network to the Department of Public Works by providing a public street easement for North15th
Avenue adjacent to the proposed subdivision signed by all property owners of record in order to
construct North 15th Avenue from its current terminus north to Baxter Lane.
Condition of approval No. 9 requires that Common Open Space 1, Block 5 to be publicly
accessible. PUD performance points were granted in the PT Land PUD based upon public
accessibility to this lot. A public access easement for the Common Open Space 1, Block 5 must
be provided as a separate document at final plat describing the scope of the grant of easement
and naming a custodian of the public’s interest in the easement. The final plat must be updated to
note this lot as public access per the associated easement.
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Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subsequent minor subdivision will not impact agriculture. The City of Bozeman
Community Plan designates the subject property as a Regional Commercial and Services and the
property’s B-2, Community Business zoning allows for residential and commercial development.
The property falls within the boundaries approved for development in the PT Land PUD, 2006
and is approved and planned for commercial uses.
2) The effect on Agricultural water user facilities
This subsequent minor subdivision will not impact agricultural water user facilities. The two
primary surface water features on this site are Mandeville Creek and Farmers Canal. All
construction including buildings, sewer systems and streets will be constructed outside of the 50
foot watercourse setback. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, North
15th Avenue, Tschache Lane and Baxter Lane. The subdivider proposes to extend water and
sewer mains to and through the commercial lots. In order to meet water system requirements a
water main loop must be constructed in the north/south private street. See comments under street
for the timing of construction requirements. The existing water system and downstream sanitary
sewer mains have adequate capacity to serve the subdivision. Transfer of water rights or cash in
lieu of water rights must be provided per code provision I in order to provide a long term water
supply for the project.
Streets – The proposed subsequent minor subdivision necessitates an additional street extensions
to provide access and meet code requirements. The City is currently constructing Baxter Lane
along the north property boundary of this project with a stub for a future connection with North
15th Avenue. Code provision E requires that the subdivider provide a local share contribution of
the Baxter Lane construction prior to final plat approval.
North 15th Avenue, a collector, is a critical north-south connection in the City’s street grid.
Construction of North 15th Avenue will provide an alternate route between Baxter Lane and
West Main Street. This alternate route will serve not only vehicular traffic, but will also include
improved facilities and safety for pedestrians and cyclists. Currently, few options exist for
continuous north-south travel between North 7th Avenue and North 19th Avenue. Tschache Lane
will be constructed from its east terminus through the intersection to North 15th Avenue to the
boundaries of the commercial lots in this subdivision. Tschache will be extended to North 11th
Avenue with the further subdivision of the restricted development lot in this subdivision. A
north/south private street with a fifty foot public access easement serves as a block delineation
for this large block with an access for pedestrians and vehicles between North 15th Avenue and
North 11th Avenue. Code provision F requires that the private street be constructed with the
subdivision in order to meet block length requirements.
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The DRC recommends site-specific Conditions of approval Nos. 5, 6, 7 to address transportation
facility ownership and maintenance responsibility and impact mitigation.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
The subdivider must obtain addresses for the new lots from the City Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site. The City will review addressing
of future residential buildings during site plan review. The construction of Baxter Lane, North
15th Avenue and Tschache Lane will improve emergency response times.
Stormwater – The subsequent minor subdivision will not significantly impact stormwater
infrastructure. The subdivider proposes publicly dedicated extensions of storm sewer mains,
which will tie into existing mains. The existing mains convey stormwater to retention ponds,
which were installed with the PT Land Phases 1-2 Minor Subdivisions. A new retention pond
will be installed to provide adequate capacity to accept new flows from this proposed
subdivision. Temporary stormwater infrastructure is proposed on the restricted development lot
until such time that Tschache Lane is extended with the further subdivision of this lot. The
property owners’ association is required to maintain the stormwater infrastructure and a
maintenance plan is required prior to final plat approval. The plat corrections note this
requirement.
Parkland – No parkland dedication is proposed with this subdivision as it is proposed for
commercial uses.
4) The effect on the Natural environment
The subsequent minor subdivision will impact the natural environment. Wetlands will be
impacted by construction. The applicant has filed a 404 permit with the Army Corps of
Engineers to impact wetlands in order to construct streets, stormwater facilities and future
parking and circulation areas. The impacts are estimated at 5.0 acres. The Corps of Engineers has
completed a review of the wetland delineation and has issued a jurisdictional determination for
the project area. The subdivider has elected to utilize an offsite mitigation bank for the impacts.
A joint permit application has been submitted to the Corps of Engineers and a permit is
anticipated to be issued. Four surface waters are located on site, two stream/ditches and two
surface stormwater ponds in the proposed common open spaces. The two primary surface water
features on this site are Mandeville Creek and Farmers Canal. All construction including
buildings, sewer systems and streets will be constructed outside of the 50 foot watercourse
setback. No water body alterations are proposed. No other significant physical or topographical
features (e.g., outcroppings, geological formations, steep slopes) were identified on the subject
property.
The Unified Development Code mandates a watercourse setback planting plan that will aid in
bank stabilization, sediment nutrient and pollution removal, and flood control. The Code also
requires the subdivider to contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the
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proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) for the
construction of the proposed infrastructure. The subdivider must obtain any required permits and
provide them prior to any construction of the infrastructure.
5) The effect on Wildlife and wildlife habitat
The subsequent minor subdivision will not significantly impact wildlife and wildlife habitat. The
property falls within a planned unit development identified for commercial development in close
proximity to a large urban area. Past agricultural uses limited the amount of wildlife and wildlife
habitat on the property. The watercourses host the most significant wildlife on the property. All
construction including buildings, sewer systems and streets will be constructed outside of the 50
foot watercourse setback. No water body alterations are proposed. The installation of additional
wetland shrub and tree plantings will help mitigate any additional impacts from future
development.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required plat corrections, the subsequent
minor subdivision will not significantly impact public health and safety. The intent of the
regulations in Chapter 38 of the Bozeman Municipal Code is to protect the public health, safety
and general welfare. The DRC reviewed the subsequent minor subdivision preliminary plat and
determined that it is in compliance with the title. This staff report notes all other conditions
deemed necessary to ensure compliance. In addition, all subdivisions must be reviewed against
the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA). As a result, the
Department of Community Development reviewed this application against the listed criteria and
further provides the following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed minor subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on February 22, 2018. With the pre-application plan review application, the subdivider
requested waivers from Section 38.41.060 “Additional Subdivision Preliminary Plat
Supplements” for several of the standard preliminary plat supplements.
The DRC granted waivers to the supplemental information under 38.41.060, BMC with the pre-
application plan review application for: 7) historical features; 8) agriculture; 8) agricultural water
user facilities; 14) educational facilities; 15) land use; parks and recreation; neighborhood center
plan; 19) miscellaneous; and 20) affordable housing.
The DRC did not grant waivers for: 1) surface water; 2) floodplains; 3) groundwater; 4) geology-
soils-slopes; 5) vegetation; 6) wildlife; 7) historical features; 10) water and sewer; 11)
stormwater management; 13) utilities; and 18) lighting plan.. Staff offers the following summary
comments on the supplemental information required with Article 38.41, BMC.
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17315 Staff Report for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 18 of 23
38.41.060.A.1 Surface Water
This subsequent minor subdivision will not significantly impact surface water. Surface water
exists on the subject property. Mandeville Creek runs through the northeast corner of the site.
Farmer’s Canal runs along the western boundary of the site. The proposed subdivision will not
impact the water bodies but will impact the surrounding wetlands with construction. The wetland
impacts are covered under a joint permit to be issued by the Army Corps of Engineers for the
impacts.
38.41.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. An analysis of the 100 year storm
effects on the property was included in the application. The project engineer determined no
significant impacts to this property from a 100 year flood event.
38.41.060.A.3 Groundwater
Groundwater was monitored in November and groundwater monitoring wells cumulatively
located groundwater between 8-feet deep to 2.5 feet deep in the wetlands. Seasonally
groundwater is highest in the spring. The DRC did determine this area included high
groundwater around lots proposed for development within the master plan. The DRC
recommends condition of approval No. 4 to address this issue. This area lies within the Bozeman
Solvent Site Controlled Groundwater area. No irrigation wells are permitted in this area.
38.41.060.A.4 Geology, Soils and Slopes
This subsequent minor subdivision will not significantly impact the geology, soils or slopes. The
subdivision application includes a geotechnical report conducted for the property in November,
2016. The property exhibits soil characteristics consistent with the surrounding Bozeman area.
No significant geologic or topographic features exist on the property. Future development will
necessitate the submittal of a site-specific soil analysis and geotechnical evaluation for building
foundation engineering. Dewatering is required for the installation of infrastructure.
38.41.060.A.5 Vegetation
This subsequent minor subdivision will not significantly impact vegetation. Past agricultural uses
significantly changed the vegetation found on the property. The proposed subdivision area
consists of heavily tilled soil and grasses. The watercourses: Farmers Canal and Mandeville
Creek exhibit the most critical plant communities. The common open space areas preserve the
watercourse setback areas and some of the wetlands from development. The subdivider provided
a Noxious Weed Management Plan to identify mitigation measures for noxious weeds which
requires control measures over the development period.
38.41.060.A.6 Wildlife
This subsequent minor subdivision will not significantly impact wildlife. The property falls
within a master planned area identified for commercial development. Proximity to an urban area
and past agricultural uses limit the amount of wildlife on the property. Occasionally birds, deer
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17315 Staff Report for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 19 of 23
and small mammals visit the property, as is common in the Bozeman area. However, the area is
generally less desirable to wildlife. The protected watercourse areas host the most significant
wildlife on the property. The 50-foot watercourse setback along the Farmers Canal and
Mandeville Creek watercourse and wetlands will protect any riparian environment already
established on the property. Staff contacted the Montana Department of Fish Wildlife and Parks
during subdivision review but did not receive any comment.
38.41.060.A.7 Historical Features
The DRC did not identify any significant impacts to historical features and waived supplemental
information. The property has been disturbed significantly by previous agricultural use and the
installation of stormwater infrastructure for Phase 1-2 of the PT Land PUD. No significant
cultural, historic or archaeological features exist on the subject property.
38.41.060.A.8 Agriculture
The DRC did not identify any significant impacts to agriculture and waived supplemental
information. The Bozeman Community Plan, municipal zoning and PT Land PUD designate the
subject property for development. Agricultural uses historically existed on the property but
ceased in areas of planned development.
38.41.060.A.9 Agricultural Water User Facilities
This subsequent minor subdivision will not significantly impact agricultural water user facilities.
As noted above in the 76-3-308, MCA Primary Subdivision Review Criteria, agricultural water
user facilities exist in conjunction with the subject property. This subsequent minor subdivision
will not impact agricultural water user facilities. The two primary surface water features on this
site are Mandeville Creek and Farmers Canal. All construction including buildings, sewer
systems and streets will be constructed outside of the 50 foot watercourse setback. No water
body alterations are proposed.
38.41.060.A.10 Water and Sewer
Municipal water and sewer mains exist in the adjacent street rights of way, North 15th Avenue,
Tschache Lane and Baxter Lane. The subdivider proposes to extend water and sewer mains to
and through the commercial lots. In order to meet water system requirements a water main loop
must be constructed in the north/south private street. See comments under street for the timing of
construction requirements. The existing water system and downstream sanitary sewer mains have
adequate capacity to serve the subdivision. Transfer of water rights or cash in lieu of water rights
must be provided per code provision I in order to provide a long term water supply for the
project.
No infrastructure is planned to be provided for Lot 4 of Block 3, as such this lot must be platted
as a restricted development lot subject to further subdivision review. Condition of approval No.
3 applies to this issue.
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17315 Staff Report for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 20 of 23
38.41.060.A.11 Stormwater Management
The subsequent minor subdivision will not significantly impact stormwater infrastructure. The
subdivider proposes publicly dedicated extensions of storm sewer mains, which will tie into
existing mains. The existing mains convey stormwater to retention ponds, which were installed
with the PT Land Phases 1-2 Minor Subdivisions. The a new retention ponds will be established
to include adequate capacity to accept new flows from this proposed subdivision. Temporary
stormwater facilities proposed on the restricted development lot until such time that Tschache is
extended with the further subdivision of this lot. The property owners’ association is required to
maintain the stormwater infrastructure and a maintenance plan is required prior to final plat
approval. The plat corrections note this requirement.
38.41.060.A.12 Streets, Roads and Alleys
This subdivision requires the expansion of the municipal street and sidewalk network to
accommodate the planned future commercial development. The approved PT Land PUD
provides the planned transportation system for the district. The final plat will provide dedicated
right of way for perimeter streets and other street easements in conformance with the planned
unit development.
This preliminary plat application includes a Traffic Impact Study (TIS) prepared by KLJ in
December, 2016. Two off-site improvements were identified as necessary prior to development.
The City is constructing both improvements that include right hand turn lanes at the eastbound
leg of the intersection of Baxter and North 19th Avenue and the west bound leg at North 7th
Avenue and West Oak Street.
The proposed subsequent minor subdivision necessitates street extensions to provide access and
meet code requirements for the subdivision. The City is currently constructing Baxter Lane along
the north property boundary of this project with a stub for a future connection with North 15th
Avenue. Code provision E requires that the subdivider provide a local share contribution of the
Baxter Lane construction prior to final plat approval.
North 15th Avenue, a collector, is a critical north-south connection in the City’s street grid.
Construction of North 15th Avenue will provide an alternate route between Baxter Lane and
West Main Street. This alternate route will serve not only vehicular traffic, but will also include
improved facilities and safety for pedestrians and cyclists. Currently, few options exist for
continuous north-south travel between North 7th Avenue and North 19th Avenue. Tschache
Lane will be constructed from its east terminus through the intersection to North 15th Avenue to
the boundaries of the commercial lots that include a private street in this subdivision. Tschache
will be extended to North 11th Avenue with the further subdivision of the restricted development
lot in this subdivision. A north/south private street with a fifty foot public access easement serves
as a block delineation for this large block with an access for pedestrians and vehicles between
North 15th Avenue and North 11th Avenue. Code provision F requires that the private street be
constructed with the subdivision in order to meet block length requirements.
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17315 Staff Report for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 21 of 23
The DRC recommends site-specific Conditions of Approval Nos. 5, 6, 7 to address
transportation facility ownership and maintenance responsibility and impact mitigation.
As required in Section 38.273.030.B.2, lot frontage and perimeter sidewalks must be constructed
along all street frontages prior to final plat approval or must be financially guaranteed for a
period not to exceed three years.
No infrastructure is planned to be provided for Lot 4 of Block 3, as such this lot must be platted
as a restricted development lot subject to further subdivision review. Condition of approval No.
3 applies to this issue.
38.41.060.A.13 Utilities
This subsequent minor subdivision will not significantly impact utilities. The plat indicates a 10-
foot wide utility easement along all street frontages. As recommended in site-specific Condition
of approval No.12, all easements, existing and proposed, must be accurately depicted and
addressed on the final plat and in the final plat application. With the recommended condition and
code requirements, the plat will provide and depict all necessary utilities and required utility
easements.
38.41.060.A.14 Educational Facilities
The DRC did not identify any significant impacts to educational facilities and waived
supplemental information. Future development will not provide residential units.
38.41.060.A.15 Land Use
The DRC did not identify any significant impacts to land use and waived supplemental
information. The proposed subdivision complies with the existing zoning designation of B-2,
Community Business and the approved PT Land PUD. A hotel and hospitality uses are planned
for the property.
38.41.060.A.16 Parks and Recreation Facilities
The DRC did not identify any significant impacts to parks and recreation and waived
supplemental information. This is a commercial subdivision.
38.41.060.A.17 Neighborhood Center Plan
The DRC did not identify any significant impacts to parks and recreation and waived
supplemental information. This is a commercial subdivision. A neighborhood center plan is not
required.
38.41.060.A.18 Lighting Plan
The application includes a street lighting layout plan with fixture cut sheets and a photometric
analysis plan in conformance to code requirements. The subdivider proposes LED street lighting
per city requirements. A special improvement lighting district is anticipated to be created to fund
the construction and operation of the subdivision lighting. Condition of approval No. 11 requires
the creation of the lighting district prior to final plat application.
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17315 Staff Report for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 22 of 23
38.41.060.A.19 Miscellaneous
The DRC waived miscellaneous supplemental information. The subdivision will not impact
access to any public lands and there are no identified hazards in proximity to the subject
property.
38.41.060.A.20 Affordable Housing
The DRC waived supplemental information regarding affordable housing. The Affordable
Housing provisions in Article 38.43, BMC do not apply to commercial subdivisions.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned B-2, Community Business. The intent of B-2 is to provide for a
broad range of mutually supportive retail and service functions located in clustered areas
bordered on one or more sides by limited access arterial streets.
Adopted Growth Policy Designation:
The subject property is designated as Regional Commercial and Services in the Bozeman
Community Plan. Bozeman is a retail, education, health services, public administration, and
tourism hub and provides opportunities for these activities for a multi-county region. Often the
scale of these services is larger than would be required for Bozeman alone. Because of the draw
from outside Bozeman, it is necessary that these types of facilities be located in proximity to
significant transportation routes. Since these are large and prominent facilities within the
community and region, it is appropriate that design guidelines be established to ensure
compatibility with the remainder of the community. Opportunity for a mix of uses which
encourages a robust and broad activity level is to be provided. Residential space should not be a
primary use and should only be included as an accessory use above the first floor. Any
development within this category should have a well-integrated transportation and open space
network which encourages pedestrian activity, and provides ready access within and to adjacent
development.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
The PT Land Planned Unit Development (PUD) was formally approved by the City Commission
in 2006. Phases 1 and 2 were platted and site development has occurred on five lots within phase
1. No development has occurred in phase 2. This phase 3 subdivision is on a restricted
development lot remaining from PT Land Phase 1 and 2. Subdivision review is required to be
completed on this lot prior to development. The city has reviewed informal review applications
for the future site development to occur on this site. A hotel and other hospitality uses are
proposed for the site. This is in conformance to the PT Land PUD which is approved for a larger
hospitality use on this site. The common open spaces represent the required open space for the
PUD which, when complete, will be 30% of the overall development area. The subdivider,
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17315 Staff Report for the PT Land Ph. 3 Minor Subdivision Preliminary Plat Page 23 of 23
Bennet Hospitality is a hotel developer and plans a large hotel and other hospitality uses on the
two commercial lots proposed to be platted wit this application. Bennett Hospitality also owns all
the lots in phase 2 of the PT Land subdivision and plans further commercial development on
those lots and lots to be created with the further subdivision of the restricted development Lot 4,
Block 3 of this subdivision.
APPENDIX C – NOTICING AND PUBLIC COMMENT
In accordance with Chapter 38.40, BMC, Staff scheduled public notice for this application on
June 21, 2018 for publication in the legal advertisements section of the Bozeman Daily Chronicle
on Sunday, June 24, 2018. The applicant posted public notice on the subject property on June 22,
2018. Staff sent public notice to physically adjacent landowners via certified mail, and to all
other landowners of record within 200-feet of the subject property via first class mail, on June
21, 2018. No written public comment was received on this application as of the writing of this
report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Montana Keystone Ventures, LLC17 Lockwood Drive, Suite 400, Charleston, SC
29401
Subdivider: Bennet Hospitality, 17 Lockwood Drive, Suite 400, Charleston, SC 29401
Representative: KLJ , 1982 Stadium Drive, Suite 3, Bozeman, MT 59715
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application
Noticing
Preliminary Plat
Wetland Permitting
Wetland Consultant Response
441
A1
Development Review Application A1 Page 1 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
DEVELOPMENT REVIEW APPLICATION
1. PROJECT
Development
Name:
Description:
2. PROPERTY OWNER
Name:
Full Address:
Phone:
Email:
3. APPLICANT
Name:
Full Address:
Phone:
Email:
4. REPRESENTATIVE
Name:
Full Address:
Phone:
Email:
5. PROPERTY
Full Street
Address:
Full Legal
Description:
Current
Zoning:
Current Use:
Community
Plan
Designation:
PT Land Subdivision Phase 3
5-Lot Subsequent Minor Subd. for Hotel and Mixed Commercial Uses within PT Land PUD
Montana Keystone Ventures, LLC
17 Lockwood Dr., Suite 400, Charleston, SC 29401-1155
(843) 722-8169
tmiller@bennetthospitality.com
KLJ - Shane Strong
1982 Stadium Drive, Suite 3, Bozeman, MT 59715
(406) 582-6222
timothy.strong@kljeng.com
Bennett Hospitality - Troy Miller; Peter Wright
17 Lockwood Dr., Suite 400, Charleston, SC 29401
(843) 722-8169
tmiller@bennetthospitality.com; pwright@bennetthospitality.com
1023 E. Baxter Lane, Bozeman, MT 59718
PT Land PH 2 SUB, S01, T02 S, R05 E, Lot 6A, Acres 32.51, PLAT J-498
B-2
Vacant
Regional Commercial and Services
442
Development Review Application A1 Page 2 of 3 Revision Date 01-04-16
Required Forms: Varies by project type Recommended Forms: Presentation of submitted plans and specifications
Overlay
District: Neighborhood Conservation Entryway Corridor None
Urban
Renewal
District:
Downtown North 7th Avenue Northeast None
6. STATISTICS (ONLY APPLICATION TYPES 2-12, 17, 24 AND 26)
Gross Area: Acres: Square Feet:
Net Area: Acres: Square Feet:
Dwelling
Units:
Nonresidential
Gross Building
Square Feet:
7. APPLICATION TYPES
Check all that apply, use noted forms. Form Form
1. Pre-application Consultation None 17. Informal Review INF
2. Master Site Plan MSP 18. Zoning Deviation None
3. Site Plan SP 19. Zoning or Subdivision
Variance
Z/SVAR
4. Subdivision pre-application PA 20. Conditional Use Permit CUP
5. Subdivision preliminary plat PP 21. Special Temporary Use
Permit
STUP
6. Subdivision final plat FP 22. Comprehensive Sign Plan CSP
7. Subdivision exemption SE 23. Regulated Activities in
Wetlands
RW
8. Condominium Review CR 24. Zone Map Amendment (non
Annexation)
ZMA
9. PUD concept plan PUDC 25. UDC Text Amendment ZTA
10. PUD preliminary plan PUDP 26. Growth Policy Amendment GPA
11. PUD final plan PUDFP 27. Modification/Plan
Amendment
MOD
12. Annexation and Initial Zoning ANNX 28. Extension of Approved Plan EXT
13. Administrative Interpretation
Appeal
AIA 29. Reasonable Accommodation RA
14. Administrative Project Decision
Appeal
APA 30. Other:
15. Commercial Nonresidential COA CCOA
1 6. Historic Neighborhood
Conservation Overlay COA
NCOA
8. APPLICATION FEES AND MATERIALS
A. Fees are to be provided based upon the adopted fee schedule FS. Contact our office for an
estimate.
N/A
TBD
32.51 1,416,154
29.21 1,272,178
443
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7 Saccoccia Lands, LLC 1234 Springhill School Road Belgrade, MT 597148,9 Christian Center First Assembly of God 921 W. Mendenhall Street Bozeman, MT 5971513, 14, 15 Montana Keystone Ventures, LLC 17 Lockwood Drive Charleston, SC 29401CONTIGUOUSProperty Owners List446
1 Buffalo Ventures, LLC 17 Lockwood Drive Charleston, SC 294012 Tange Family, LLC 1001 Oak Street Bozeman, MT 597153 Beran, LLC c/o Ashley Ogle 1234 W. Oak Street Bozeman, MT 597154,11 PT Land 511 N. Wallace Ave Bozeman, MT 597155 Gabriel McCormick Office, LLC 4898 Golden Gate Ave Bozeman, MT 597186 BLC Associates, LLC 5014 Elk Hills Court Missoula, MT 5980310 Bridger Peaks Village Associates PO Box 2099 Missoula, MT 5980612 Kraska and Sons Properties, LLC 2218 Snow Flake Court Bozeman, MT 5971516 State of Montana PO Box 201601 Helena, MT 59620ADJOINING NOT CONTIGUOUSProperty Owners List447
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