HomeMy WebLinkAbout03-04-19 City Commission Packet Materials - C5. Nelson Meadows Prelim Plat Findings of FactCommission Memorandum
REPORT TO: Mayor and City Commission
FROM: Tom Rogers, Senior Planner
SUBJECT: Nelson Meadows Preliminary Plat
Findings of Fact and Order, Application 18458
MEETING DATE: March 4, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Nelson Meadows Preliminary Plat Application 18458.
BACKGROUND: On February 4, 2019, the City Commission held a public hearing on an
application for preliminary approval for the Nelson Meadows preliminary plat.
The Commission voted unanimously 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: February 21, 2019.
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman, City Commission Findings of Fact and Order for the Nelson
Meadows Subdivision, Application 18458
Public Hearing Date: Planning Board, January 15, 2019 at 7:00 pm in the City Commission
Room 121 N. Rouse Avenue, Bozeman, Montana.
City Commission, February 4, 2019 at 6:00 pm in the City Commission Room 121 N.
Rouse Avenue, Bozeman, Montana.
Project Description: A Preliminary Plat application for a proposed 27 lot industrial
subdivision with two (2) stormwater tracts, open space, one lift station lot, and
rights-of-way on two existing parcels consisting of 69.26 acres.
Project Location: The subject property is zoned M-1, light industrial district. The property
is legally described as Tract 1C of COS 1372B and Tract of COS of 1372, located in
Section 27, Township One South (T1S), Range Five East (R5E), Gallatin County,
Montana, and the Northeast Quarter of the Northeast Quarter (NE¼NE¼) and the
East Half of the East Half of the West Half of the Northeast Quarter
(E½E½W½NE¼) of Section 22, Township One (T1S) South, Range Five (R5E) East,
P.M.M., City of Bozeman, Gallatin County, Montana.
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Recommendation: Approval with conditions and code requirements
Planning Board 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 18458 and move to recommend
approval of the subdivision with conditions and subject to all applicable code
provisions.
City Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, Planning Board recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 18458 and move to approve the Nelson Meadows subdivision with
conditions and subject to all applicable code provisions.
Report Date: January 24, 2019
Staff Contact: Tom Rogers, Senior Planner
Griffin Nielsen, Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
1) None
Project Summary
The applicant, NorBarTimCo Properties, LLC is proposing to subdivide 69.26 acres to
create 27 lot industrial subdivision with two (2) stormwater tracts, open space, one lift
station lot, and rights-of-way for industrial use.
The proposed subdivision requires installation of on and off-site infrastructure including
roads, intersection improvements, water distribution, and wastewater collection systems.
Water and wastewater systems require off-site improvements to connect to the existing
City systems. Water and wastewater systems are currently provided on the southeast
corner of the MDT site east of Nelson Road. This subdivision will construct a connection
under Nelson Road for water and sewer lines running approximately 765 feet to connect to
the City system, see Water & Wastewater system map in section 2 below. In addition, stubs
for the future connection to the Davis Lane Lift Station and the I-90 water main extension is
are required. The applicant will pursue any infrastructure cost share or payback
mechanisms for improvements exceeding the minimum required to serve this
development. Determination of exact scope or amount is not part of this subdivision
review.
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The subject properties were recently annexed, see Resolution No. 4905, and zoned M-1
(Light Industrial District) under the name of the Park Place Annexation. Application for the
Nelson Meadows subdivision, renamed due to name conflict, was submitted on October 3,
2018. The subdivision is proposed to be constructed in one phase with all infrastructure
installed or financially guaranteed as allowed by City code.
The application was brought before the Development Review Committee (DRC), Parks and
Recreation Advisory Committee (Pre-app only), and the Bozeman Area Pedestrian and
Traffic Safety Committee for review and recommendation, as appropriate. The project was
deemed inadequate for review and review halted until revised materials were provided.
Revised materials were submitted on October 26, 2018 and November 28, 2018. On
November 28, 2018 the DRC determined the application contained adequate information
for continued review. 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 February 25, 2019.
The City Commission is scheduled to review the preliminary plat and make a decision at
their February 4, 2019 public hearing.
The Pedestrian Traffic and Safety Committee (PTSC) met on Tuesday, November 13, 2018
to discuss and comment on the proposed Nelson Meadows subdivision. A recommendation
to connect the asphalt trail on the north side of Frontage Road to the intersection of Valley
Center Spur to support the intersection improvement by the Montana Department of
Transportation (MDT) was proposed. The Committee is supportive of the project and
furthering the multimodal connection along Frontage Road. A summary letter prepared by
the Committee chair is attached to this report.
Planning Board Recommendation
The Bozeman Planning Board conducted a public hearing to consider the application on
Tuesday, January 15, 2019. After staff and applicant presentations the Board chair opened
the hearing for public comment, no public comment was provided on the application.
In Board discussion three primary points of discussion emerged. First, the evolution of the
subdivision design and in particular the storm water ponds on the north side of property
will be moved to eliminate the overlap between the road easement and the stormwater
easements. Secondly, the Board noted the M-1 District is somewhat exclusive and does not
permit retail service establishment that may be desired by future users and owners of the
development, i.e. coffee and/or a sandwich shop. The absence of retail requires more
vehicular trips to other areas of the city. Finally, the efficacy of private property owners
association managing the long term maintenance of force main, watercourse maintenance,
open space areas, and other related functions.
In conclusion the Board voted unanimously to recommend the City Commission approve
the application (6:0). A recording of the Planning Board is available at:
https://media.avcaptureall.com/session.html?sessionid=b07f40f4-ed14-4c1d-8509-
86c00ae19a9f&prefilter=654,3835
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Alternatives
1. Recommend approval of the application with the recommended conditions;
2. Recommend approval the application with modifications to the recommended
conditions;
3. Recommend denial of the application based on the Board’s findings of non-compliance
with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................................................... 2
Unresolved Issues ................................................................................................................................... 2
Project Summary..................................................................................................................................... 2
Planning Board Recommendation ................................................................................................... 3
Alternatives ............................................................................................................................................... 4
SECTION 1 - MAP SERIES ................................................................................................................................... 5
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................................ 11
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................................... 15
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................................ 22
SECTION 5 - STAFF ANALYSIS AND FINDINGS ...................................................................................... 22
Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ................................ 22
Primary Subdivision Review Criteria, Section 76-3-608 ...................................................... 24
Preliminary Plat Supplements ........................................................................................................ 33
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .......................................... 40
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ........................................................ 42
APPENDIX B – NOTICING AND PUBLIC COMMENT ............................................................................. 47
APPENDIX C - OWNER INFORMATION ..................................................................................................... 48
FISCAL EFFECTS ................................................................................................................................................. 48
ATTACHMENTS .................................................................................................................................................. 48
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SECTION 1 - MAP SERIES
Current zoning map
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Future land use map
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Current land use map
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Context map
Un-zoned property
MDT
Site
Subject property
AS zoning
Un-zoned property
AS zoning
Valley Center Road
Cemetery
Bozeman
WRF
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Water & wastewater system map
Connection
point
Nelson Road
Legend
Forcemain
Water supply
Nelson Meadows
Subdivision
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SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified
in this report.
Recommended Conditions of Approval:
1. The 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 final plat and all associated improvements must be completed consistent with
the application as submitted except where required to be changed by the City of
Bozeman.
3. The final plat must provide all necessary utility easements and 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
all utility companies providing service indicating that rear or side yard easements
are not needed.
4. Prior to final plat approval, written verification of a signed and executed
encroachment agreement between Yellowstone Pipeline Company and BarTimCO
Properties, LLC. is required.
5. The encroachment agreement between Yellowstone Pipeline Company and
BarTimCO Properties, LLC. may require the City of Bozeman to be a party of said
agreement. Prior to final plat approval written verification stating whether or not
the City must be a party of said agreement must be provided.
6. 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.
7. With concurrent filing of the final plat with the Clerk & Recorder, the County Road
easement shown on the plat and described in Sheet No. 4 and 5, Road No. 42, Field
Book 162, Page 41 must be properly abandoned.
8. The location of mailboxes must be coordinated with the City Engineering
Department prior to their installation.
9. Trees may not be located within 10 feet of sewer and water services. Sewer and
water services must be shown on the landscaping plan of the park and open space
plan, and approved by the Water/Sewer Superintendent.
10. Due to the proximity of the Yellowstone Pipeline a plat note must be included on the
note sheet of the final plat stating:
“Pursuant to section 1.7 of the General Encroachment Guidelines for Design and
Construction near Phillips 66 Pipeline Company LLC and Facilities, Exhibit B of
the encroachment agreement between BarTimCo and Philipps 66 Pipeline
Company, no tree or deep-rooted plants are permitted within the ROW.”
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11. All Irrigation wells located within the exterior boundaries of the development shall
include Montana DNRC certificates which shall be provided to the City with the final
plat submittal. Ownership of any well and associated water right within common
open space owned by the property owner’s association shall be transferred to the
property owner’s association in conjunction with the final plat. All wells shall
include a meter or other device to determine consumption.
12. The final plat shall contain the following notation on the conditions of approval
sheet: “Ownership of all common open space areas and trails, and responsibility of
maintenance thereof and for city assessments levied on the common open space
lands shall be that of the property owners’ association. Maintenance responsibility
shall include, in addition to the common open space and trails, all vegetative ground
cover, boulevard trees and irrigation systems in the public right-of-way boulevard
strips along all external perimeter development streets and as adjacent to public
parks or other common open space areas. All areas within the subdivision that are
designated herein as common open space including trails are for the use and
enjoyment by residents of the development and the general public. The property
owners’ association 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 of the subdivision the subdivider shall
transfer ownership of all common open space areas within each phase to the
property owners’ association created by the subdivider to maintain all common
open space areas within Nelson Meadows subdivision.
13. Property owner’s association documents must include a statement binding all
current property owners and successors of real property to the YPC encroachment
agreement.
14. Property owner’s association documents must include a statement requiring that
the POA must reclaim any city right-of-way or infrastructure caused by maintenance
or reconstruction of the Yellowstone Pipeline.
15. Property owner’s association documents must address the requirements for street
trees, a City of Bozeman planting permit for street trees and obtaining utility locates
before any excavation begins in the City of Bozeman right-of-way. The covenants
must include a planting note stating that the planting hole must be at least twice the
diameter of the root ball, that the root flare of the newly planted tree is visible and
above ground, and there should be a mulch ring 3’- 4’ in diameter around each
newly planted boulevard tree.
16. Covenants, Conditions, and Restrictions
a) Nelson Meadows Development Design Standards and Guidelines. Part 1.1
states DLUP must be issued in accordance with the “PUD”. Staff was unable to
find a definition for the acronym. Because the plat states certain public
improvements are to be financially guaranteed there is confusion to whether
or not the intent to subdivide the property pursuant to a Plan Unit
Development (PUD). Please revise this section or submit a complete PUD
application for review. See also part 3.1, 3.2, 3.3,
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b) Advisory note: Nelson Meadows Development Design Standards and
Guidelines Part 1.3.c.B. (page 8). Minor clerical error. “BU” should say “BY”.
c) Advisory note: Part Nelson Meadows Development Design Standards and
Guidelines B: Landscape Design (page 26-28) –standards. Reference is made to
the UDO, please consider changing to Chapter 38, Unified Development Code,
Bozeman Municipal Code the first time with acronym of “UDC.” See also
Building Design and other subsections.
17. Prior to acceptance of publically owned infrastructure, the contractor shall 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 shall be
named as dual oblige on the bond.
18. 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 Nelson Meadows Subdivision.
19. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
20. The developer shall 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.
21. All required hammerheads must be designed and constructed to 2012 IFC Appendix
D Fire Apparatus Access Road standards and include a public access easement
acceptable to the City.
22. Fire hydrants must be installed at least every 400 feet.
23. COS 1372B shows a 30 foot access and utility easement to Tract 1D. Prior to final
plat approval the easement must be properly vacated. Written verification must be
provided.
24. The applicant must add a note to the Conditions of Approval sheet of the plat to the
effect that maintenance of stormwater infrastructure is the responsibility of the
property owner’s association.
25. The applicant must add a note to the Conditions sheet of the plat to the effect City
standard sidewalks (including a concrete sidewalk section through all private drive
approaches) 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 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.
26. The final plat shall contain the following notation on the conditions of approval
sheet:
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“Ownership of the private lift station, and responsibility of maintenance thereof
shall be that of the property owners’ association. Maintenance responsibility shall
include, the lift station and all associated appurtenances for full functionality. The
property owners’ association shall be responsible for levying annual assessments to
provide for the maintenance, repair, and upkeep of the lift station.”
27. Property owner’s association documents must include a lift station maintenance
plan, acceptable to the City and consistent with the manufacture’s recommendations
for the specified pumps and appurtenances.
28. In conjunction with recordation of the final plat, the applicant must file with the
with the Clerk and Recorder a notice to future property owners stating fire flow
rates may not support the most intensive use or construction until City constructed
capital improvements for water distribution are complete and accepted by the City.
29. An emergency contact sign must be installed providing 24 hour emergency contact
information to Yellowstone Pipeline Company for all lots with YPC pipeline within
or adjacent to its lot lines prior to final plat approval.
Engineering
30. If not already filed, the applicant must provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of Special
Improvement Districts (SID’s) for the following:
a. Street improvements to Nelson Road including paving, curb/gutter,
sidewalk, and storm drainage
b. Street improvements to Frontage Road including paving, curb/gutter,
sidewalk, and storm drainage
c. Street improvements to East Valley Spur including paving, curb/gutter,
sidewalk, and storm drainage
d. Intersection improvements to Nelson Road and Frontage Road.
e. Intersection improvements to East Valley Spur and Frontage Road.
f. Intersection improvements to Prince Lane and Frontage 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 plan
approval.
31. The applicant must construct the northeastern leg of the intersection of the East
Valley Spur and Frontage Road and connection to the local street (Prince Lane) prior
to final plat approval or demonstrate formal denial from the Railroad and/or the
Montana Department of Transportation for the connection. If connection is denied
Prince Lane shall be constructed to the property line.
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32. The proposed development falls within a known area of high groundwater as
identified in the Groundwater Report. No crawl spaces or basements may be
constructed. This note must be added to the plat.
33. The overlap of the public right-of-way and the Yellowstone Pipeline Company right-
of-way easement must be minimized. The proposed street and utility mains
paralleling the pipeline must be acceptable to Yellowstone Pipeline Company based
upon an executed encroachment agreement; determined by the City Attorney not to
be an encroachment upon municipal street; or the pipeline be relocated.
34. The overlap of the public right-of-way and the Montana Power Company Gas Line
Right-of-way easement must be minimized.
35. The applicant must dedicate right-of-way along Nelson Road for area currently
encompassed with the Public Street and Utility easement.
36. The applicant must dedicate right-of-way along northern property boundary for
area current encompassed with the Public Street and Utility Easement.
37. A noted should be added to the plat that the existing 60 foot wide county road
easement will be vacated with this plat.
38. A 1 foot “No Access” strip shall be placed for on Nelson Road Frontage of Block 1
and 2 where a shared access is not specifically indicated.
39. A 1 foot “No Access” strip shall be placed on the Nelson Road Frontage of Block 3
north 150 feet from the intersection of Prince Lane and 150 feet south of the
proposed Public Street and Utility Easement.
40. Due to the high groundwater and pour subgrade conditions noted in the Geologic
Report the public utility mains must be laid with geotextile fabric below adequate
pipe bedding.
41. Due to the high groundwater and increased rate of corrosion with in the clay soils
all water mains must be zinc coated. This condition may be met if the applicant can
demonstrate to the engineering department that the additional catholic protection
is not required or other material or material provides suitable protection approved
by the engineering department.
42. The applicant must provide a cash-in-lieu of infrastructure payment for their
proportional share of the water main (either the cost of the crossing using the City’s
minimum water main size or the cost an acceptable alternative secondary water
system connection as determined by the City’s Engineering Department).
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
1. Lot 1, Block 6 shows what appears to be a lot line in the northwest corner. Please
remove this line prior to submitting the final plat application.
2. Stormwater facility No.1 and 2 appear to be constructed within the access and
utility easement. Revise to remove the stormwater retention/detention pond
from being constructed within the easement.
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3. Section 38.410.060.C. Public utility easements. An easement for the stormwater
system must be provided. The stormwater inlet pipe is located outside of an
easement. Please relocate the stormwater pipe or provide an easement for
access and maintenance of the system.
4. Section 38.410.080.D. Grading and drainage. The plan shall include sufficient site
grading and elevation information (particularly for the basin sites, drainage ways
and lot finished grades), typical stormwater retention/detention basin and
discharge structure details, basin sizing calculations, and a stormwater maintenance
plan. The applicant must include the stormwater maintenance plan approved
for the property owner's association (POA) documents. Staff was unable to find
the maintenance plan.
Engineering Provisions
1) Bozeman Unified Development Code Section 38.400.050.A.1 states: All streets
and roads providing access to, and within, the proposed development shall 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 shall apply.
a) The applicant is responsible for dedicating their share of the local street which
aligns with Stonegate Drive from Nelson Road to the western property boundary,
per UDC Section 38.400.010.A.1. The dedication portion of the street is not required
to be constructed prior to final plat approval.
b) The intersection of the Nelson Road and Frontage Road does not meet the
minimum intersection angle requirement of 60 degrees, per UDC Section
38.400.030.A.1. The intersection must be realigned so Nelson Road and Frontage
Road intersect at 90 degrees and meets the City’s minimum street design standards
prior to final plat. The changes to the intersection will also require approval from
the Montana Department of Transportation and BNSF Railroad, as the property
owner.
c) Nelson Road must be constructed to the City collector street standard per the
City’s complete streets policy from the intersection of Frontage Road to the
northern property boundary prior to final plat approval.
2) Bozeman Unified Development Code Section 38.400.060.B.4 states: states: All
arterial and collector streets and intersections with arterial and collector streets
shall operate at a minimum level of service "C" unless specifically exempted by this
subsection. Level of service (LOS) values shall be determined by using the methods
defined by the most recent edition of the Highway Capacity Manual. A development
shall be approved only if the LOS requirements are met in the design year, which
shall be a minimum of 15 years following the development application review or
construction of mitigation measures if mitigation measures are required to maintain
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LOS. Intersections shall have a minimum acceptable LOS of "C" for the intersection
as a whole.
a) The traffic impact study provided indicates that the intersection of the Nelson Road
and Frontage Road will operate below a level of service C will operate at a LOS E
during Weekday AM conditions and LOS D during PM Weekday conditions for the
south bound left turning movements. The intersection must operate at minimum
LOS of “C” at the design (15 years beyond the review year) for final plat approval.
The applicant is responsible for constructing the necessary improvements
(signalization and turning bays) at the intersection of Nelson Road and Frontage
Road as well as meeting the requirements of the UDC Section 38.400.030.A.1.
Changes to the intersection will also require approval from the Montana
Department of Transportation.
3) Bozeman Unified Development Code 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 Yellowstone Company Pipeline Right-of-Way Easement encroachment
agreement must be executed and approved to the City of Bozeman Legal
Department and the pipeline company, UDC Section 38.410.060.B.1.c.
b) The Montana Power Company Gas Line Right-of-Way Easement may not encumber
public right-of-way without the approval from the City of Bozeman Legal
Department and the pipeline company, UDC Section 38.410.060.B.1.c.
c) Public right-of-way must be provided for the intersection improvements to Nelson
Road and Frontage Road. The applicant must dedicate the right-of-way with the
plat.
d) The shared access between Lots 21 and 22 of Block 1 is unclear. The plat must be
altered to clearly identify the size and extent of the shared access. The access must
align with the existing south access to MDT’s facility.
e) The lift station tract may not be placed within the public street easement.
f) Sheet 2 of the plat includes the “Utility Easement” note indicating the location
of the Public Utility Easements. The note does not specify that 10 foot utility
easements will be provided along public street easement as required by UDC
Section 38.410.060.B.2.a. The following location must be addressed:
i) A minimum of a 10 foot public utility easement must be provided along the
south side of the 30 feet Public Street and Utility easement.
ii) A minimum of a 10 foot public utility easement must be provided along the
west side of the Public Street and Utility easement provided for Nelson Road.
4) Bozeman Unified Development Code Section 38.410.060.D States: Easements
for agricultural water user facilities. 1. Except as noted in subsection D.2 of this
section, the developer shall establish appropriate irrigation facility easements
that:
a. Are in locations of appropriate topographic characteristics and sufficient width
to allow the physical placement and unobstructed maintenance of active open
ditches or below ground pipelines. The easement shall facilitate the delivery of
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water for irrigation to persons and lands legally entitled to the water under an
appropriated water right or permit of an irrigation district or other private or
public entity formed to provide for the use of the water right; (1) The
easements shall ensure the conveyance of irrigation water through the land to
be developed to lands adjacent to or beyond the development's boundaries in
quantities and in a manner that are consistent with historic and legal rights;
and (2) A minimum easement width of ten feet is required on each side of
irrigation canals and ditches. b. Are a sufficient distance from the centerline of
the irrigation facility to allow for construction, repair, maintenance and
inspection of the ditch or pipeline; and c. Prohibit the placement of structures
or the planting of vegetation other than grass within the irrigation facility
easement without the written permission of the facility owner.
a) The applicant must provide easement for the agricultural user facilities
(Cattail Creek) passing through the subdivision property prior to preliminary
plat approval. The plat identifies that Cattail Creek will be located within a
Common Open Space but does not designate that the agricultural user has
legal access.
5) Bozeman Unified Development Code Section 38.570.030. Street lighting
consists of street lighting and pathway intersection lighting, and must comply with
the City of Bozeman Design Standards and Specifications Policy.
a) The applicant must construct street lights per the DSSP and setup a special
improvement lighting district (SILD) for maintenance of the lights with the City
Finance Department prior to final plat approval.
6) Bozeman Unified Development Code Section 38.410.070.A.1 states: The
developer must install complete municipal water and sanitary sewer system
facilities, or a system allowed by 38.21.030.D, and may be required by the city to
install municipal storm sewer system facilities. These systems must be installed
in accordance with the requirements of the state department of environmental
quality and the city, and must conform to any applicable facilities plan. The
city's requirements are contained in the Design Standards and Specifications
Policy and the City of Bozeman Modifications to Montana Public Works Standard
Specifications, and by this reference these standards are incorporated into and
made a part of the UDC. The developer must submit plans and specifications for
the proposed facilities to the city and to the state department of environmental
quality and obtain their approvals prior to commencing construction of any
municipal water, sanitary sewer or storm sewer system facilities.
a) Water mains must be constructed to the property consistent with the City’s Water
Facility Plan as per UDC Section 38.410.070.A.1.
i) The subdivision is the first property to be located within the HGL 4725
Northwest 3 pressure zone for water distribution. Each new pressure zone
requires at least two water feeds working in a looped system to function.
ii) The applicant must construct two pressure reducing valves with the water
distribution system in order for the subdivision to be served.
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iii) The Water Facility Plan calls for a water main connection from Davis Lane
north under Interstate-90 to daylight adjacent to the proposed future Davis
Lane wastewater lift station to provide the required looped water distribution.
The proposed subdivision must connect to this future water main connection.
The Developer recognizes the City plans to construct the water main with CIP
Project No. WIF25. As such, the applicant must provide a cash-in-lieu of
infrastructure payment for their proportional share of the water main (either
the cost of the crossing using the City’s minimum water main size or the cost an
acceptable alternative secondary water system connection as determined by
the City’s Engineering Department) as per UDC Section 38.270.070. In addition,
the connection point must be included in the design to the subdivision’s
distribution system.
iv) Should the City’s project not be completed prior to occupancy of a building on
the subdivision, to meet minimum fire requirements for a particular
development, the developer may seek the City Fire Marshall’s authority to
construct and maintain an alternative means to meet minimum water supply
needs for fire suppression. These alternatives include but are not limited to:
(i) alternative secondary water system connection as determined by the City’s
Engineering Department; or (ii) the construction of temporary on-site fire
suppressions systems approved by the Fire Marshall and Chief Building Official.
b) Future development on the property will rely on the proposed Davis Lane waste
water lift station as defined in the City Wastewater Collection Facilities Plan. The
private lift station and force main must connect to the Davis Lane lift station at the
time of the Davis Lane lift station’s completion. The private lift station, force main
and, connection must be reviewed and approved by the City’s engineering
department. The City Engineer may approve a temporary connection to the City’s
system if the Davis Lane lift station will not be completed at the time of final plat.
c) The applicant must provide the design report and plans and specification for the
private lift station with the subdivision infrastructure review.
d) A 12 foot all-weather access road, designed to accommodate service vehicles must
be installed from the public street along the utility easement to the manholes in
Block 1 and 2 located outside of the public street.
e) A maintenance plan, including snow removal, for the 12 foot all weather access to
all manholes outside of a public street must be approved by the City and
incorporated into the property owner’s association (POA) documents and
demonstrate inclusion in the documents prior to final plat approval.
7) Bozeman Unified Development Code Section 38.410.080.A. The developer
shall install complete drainage facilities in accordance with the requirements of
the state department of environmental quality and the city, and shall conform to
any applicable facilities plan and the terms of any approved site specific
stormwater control plan. The city's requirements are contained in the design
standards and specifications policy and the city modifications to state public
works standard specifications, and by this reference these standards are
incorporated into and made a part of these regulations.
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a) The stormwater lots may not be located within the public street and utility
easement, the lots must be relocated prior to preliminary plat approval.
b) The stormwater system must be designed to accept drainage from the full
subdivision and the future street to the north. The proposed stormwater ponds are
significantly undersized to serve the proposed subdivision. The stormwater system
has only been designed to accept drainage from the public right of way, the system
must include drainage from the pre-developed lots of the subdivision as per the City
of Bozeman Design Standards and Specification Policy.
c) A 12 foot all-weather access road designed to accommodate service vehicles must
be installed from the public street to the proposed ponds.
d) The subdivision is responsible for maintaining the stormwater system. The
stormwater maintenance plan must be incorporated into the property owner’s
association (POA)/ home owner’s association (HOA) documents and demonstrate
inclusion in the documents prior to final plat approval.
8) Bozeman Unified Development Code Section 38.410.130 states: Prior to a
final approval of all development reviewed as a site plan, conditional use permit,
planned unit development, or subdivision and prior to an annexation of any
land, one of the following must occur: Payment must be made to the city of a
payment-in-lieu of water rights, calculated based on the annual demand for
volume of water the development will require multiplied by the most current
annual unit price.
a) The applicant must pay CIL of water rights prior to final plat approval.
9) BMC Section 38.540.020.M states: Snow removal storage areas shall be
provided sufficient to store snow accumulation on site. Such areas shall not
cause unsafe ingress/egress to the parking areas, shall not cause snow to be
deposited on public rights-of-way, shall not include areas provided for required
parking access and spaces, and shall not be placed in such a manner as to
damage landscaping.
a) Adequate snow storage must designated for all public and/or common space. The
applicant must identify the snow storage location for the temporary turn around
along Royal Wolf Way, the lift station, and for all weather access roads. If the snow
storage is located outside of a public right-of-way or easement addition snow
storage easements must be provided prior to preliminary plat approval.
10) BMC Section 38.600.130.C states: The city floodplain administrator is
appointed with the authority to review floodplain development permit
applications, proposed uses and construction to determine compliance with
these regulations. The city floodplain administrator is required to ensure all
necessary permits have been received from those governmental agencies from
which approval is required by federal and state law and local codes, including
section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334,
and under the provisions of the Natural Streambed and Land Preservation Act.
a) A floodplain permit is required for any development occurring in the
floodplain. City cannot issue floodplain permit approval until all other
necessary permits have been issued by agencies having jurisdiction. The
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applicant must submit all necessary permits and receive approval from the City
prior to preliminary final approval. The Flood Hazard Evaluation provide has
not been approved. City’s Floodplain Coordinator has provided the following
comments:
i) The report finds that floodwater could reach elevations in proposed lots
based on existing topography. To mitigate the flood hazard due to existing
topography, the report recommends fill be placed to keep the floodwater
contained within the confines of the 50’ wetland setback. The locations of
fill are not specified in the flood hazard report, nor is there any
consideration given to flood hazard fill in prelim drainage plan. The flood
hazard report needs to be amended to show the proposed fill locations and
the resultant proposed floodplain area. Also, the recommended finish floor
elevations tabulated on Page 2 of the flood report need to be noted on the
final plat for the respective lots.
ii) Neither the flood hazard report nor the drainage report provide any
information for sizing the stream crossings for the internal subdivision
roads (Prince Land and Royal Wolf Way). These reports need to be updated
to size the internal road culvert crossings. The hydraulics of the internal
crossings feeds back to the flood report in that fill locations (including
roads) and crossing capacities needs to be accounted for in producing the
proposed floodplain area. It is recommended that the crossings be sized to
pass the flood discharge without overtopping the roadway.
Advisory Comments
1. The applicant must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers
regarding the proposed project and any required permits (i.e., 310, 404,
Turbidity exemption, etc.) must be obtained by the applicant.
2. The applicant must submit plans and specifications for water and sewer main
extensions, streets, and storm water improvements, prepared and signed by a
professional engineer (PE) registered in the State of Montana, which must be
provided to and approved by the City Engineer. Water and sewer plans must also be
approved by the Montana Department of Environmental Quality. The applicant must
also provide professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings. Construction
shall not be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a preconstruction conference has been
conducted.
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SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and
recommended approval with conditions and code corrections on November 28, 2018.
The Planning Board held a public hearing on January 15, 2019 to review the preliminary
plat. The hearing was be held in the City Commission chamber, 121 N Rouse Avenue at 7
pm.
The City Commission held a hearing on February 4, 2019. The hearing was be held in the
City Commission chamber, 121 N Rouse Avenue at 6 pm.
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 shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision
and Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. The final plat must comply with State statute, Administrative Rules of Montana,
and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or State law. Sections 2 and 3 of this report identify conditions and code corrections
necessary to meet all regulatory standards. Therefore, upon satisfaction of all conditions
and code corrections the subdivision will comply with the local subdivision regulations.
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3) Compliance with the local subdivision review procedures provided for in Part
6 of the Montana Subdivision and Platting Act
The City of Bozeman Department of Community Development received a preliminary plat
application on October 3, 2018, requesting a major subdivision. The project was deemed
inadequate for review and review halted until revised materials were provided. Revised
materials were submitted on October 26, 2018 and November 28, 2018. On November 28,
2018 the DRC determined the application contained adequate information for continued
review. Public hearings were scheduled on December 19, 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 February 25, 2019. The City Commission is scheduled to
review the preliminary plat and make a decision at their February 4, 2019 public hearing.
The application was brought before the Development Review Committee (DRC), Parks and
Recreation Advisory Committee (Pre-app only) as there is no park dedication required for
a non-residential subdivision, and the Bozeman Area Pedestrian and Traffic Safety
Committee for review and recommendation, as appropriate.
The hearings before the Planning Board and City Commission have been properly noticed
as required by the Bozeman UDC. Based on the recommendation of the DRC and other
applicable review agencies, as well as any public testimony received on the matter, the
Planning Board forwards a favorable recommendation to the City Commission who will
make the final decision on the applicant’s request.
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 February 25, 2019, 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 January 10, 2019, the staff report for this major subdivision was completed and
forwarded along with application materials with a recommendation of conditional
approval for consideration by the City Planning Board.
On January 4, 2019, this major subdivision staff report was completed and forwarded with
a recommendation of conditional approval for consideration by the Planning Board. The
required public hearing prior to decision was held on January 14, 2019. After conducting
the public hearing the Commission approved the subdivision on a vote of 5-0.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met if all code requirements are satisfied. Pertinent code
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provisions and site specific requirements are included in this report for consideration in
Sections 2 & 3.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
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 ways. Conditions of approval require
performance of these obligations.
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 proposed public streets required to be constructed
to City standards per 38.400 and associated design standards. 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.
Lot 9 and 10, Block 2 will have a shared access point onto Nelson Road to insure safe
ingress and egress on to Nelson Road which is a designated Collector street.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated an industrial area according to the City of Bozeman
Community Plan. As noted above, the subject property was recently annexed into the City
and through that process modified the future land use map from Present Rural to Industrial
and established initial zoning of M-1 or Light Industrial.
According to the documentation found in section 18 of the applicant submittal, the
property has historically been, “used for agriculture and is currently managed under
separate farm leases. A review of historic aerial imagery obtained from Google Earth
revealed that the subject property has been managed for agriculture from at least as far
back as 1995. A review of the Montana Natural Heritage Program’s statewide land cover
data indicates the land use on the subject property as cultivated “Cultivated Crops””.
A noxious weed inventory was completed in May 2018, and a weed and revegetation plan
was developed and submitted to the Gallatin County Weed Board. Noxious weeds on the
subject properties included Canada thistle, common tansy, and hounds tongue.
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The area is zoned for industrial use and has been annexed but is vacant. The size of the
parcels may be conducive to a viable farm unit, however, the properties are bounded by a
storage facility to the north, a cemetery to the west, a Montana Department of
Transportation facility and agricultural lands on the east, and Frontage Road to the south.
According to the Montana Department of Revenue the vacant lands adjacent and near the
subject property are classified as “non-qualified agricultural lands”. Non-qualified
agricultural lands are parcels of contiguous land between 20 and 160 acres that do not
meet the requirements for agricultural lands. To qualify as agricultural land according to
the Department of Revenue they must be under one ownership, be used for agricultural use
(defined by 15-1-101, MCA), used to produce:
Food, feed, and fiber commodities
Livestock, poultry, bees, and biological control insects
Fruits and vegetables
Sod
Ornamental, nursery, or horticultural crops that are raised, grown, or produced for
commercial purposes
Are used to raise domestic animals and wildlife in domestication or a captive environment,
and must be a parcel of contiguous land with one owner of over 160 acres or under 160
acres and able to earn over $1,500 yearly from agricultural use.
Therefore, due to the proximity to I-90, Frontage Road, rail connections, a designated
Collector street, other incompatible ag uses, and that the City has determined the need for
industrial lands for the betterment of the community the conversion of vacant land into
industrial use does not adversely affect agriculture.
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2) The effect on Agricultural water user facilities
The applicant states
there are no agricultural
water user facilities exist
on the property.
However, Cattail Creek
conveys irrigation water
for private and irrigation
and historically
conveyed irrigation to
Beck Jones ditch. The
area is zoned for
industrial development,
and non-agricultural
uses have begun to
develop on adjacent
properties.
According to the 1961 Gallatin County Water Resource Survey the Beck-Jones or Beck-
Jenson ditch traversed the property with laterals serving portions of the property.
Construction of I-90, Frontage Road, and Valley Center Road have modified their use and
function. All that remains is the channelized Cattail Creek that bisects the property from
south to north. Surface water rights are severed with this subdivision and the lateral was
abandoned prior to the annexation of the property. Staff included the code provision
requiring a access easement to ensure down river water users can maintain the function of
the waterway, see code provision 4. In conclusion, with the required easement no adverse
effects on agriculture water user facilities are anticipated.
3) The effect on Local services
Water/Sewer – Municipal water and sewer can be provided to this site with construction of
additional water/sewer services to the property. According to the Nelson Meadows
preliminary plat water and sewer report an approximately 700 foot water main is needed
to connect to the existing connection point at the MDT site and additional 3,800 feet to
connect the WRF.
Waste Water
Collection of wastewater from the proposed development will consist of lot sewer services,
gravity sewer main piping and manholes, a lift station, a forcemain, and connection to an
existing City sewer outfall. Sewer services will be 6” diameter piping stubbed from the
sewer mains to the property lines for future connection when buildings are constructed.
Sewer mains will be located in the street right-of-ways draining to the north end of Royal
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Wolf Way. Sewer mains of 8” diameter and 4’ diameter precast concrete manholes will be
used for gravity collection. A lift station will be located at the termination of the gravity
collection system and will be deep enough to allow adequate sewer main pipe slopes
throughout the project. The lift station will consist of a precast concrete wetwell structure
with duplex submersible pumps and a building to house check valves, isolation valves, and
flow metering. The lift station building will have utility power service and generator
backup power with space for electrical panels, pump control panels, and a SCADA panel
with alarm notification to the operator. Transport of pumped wastewater will be
accomplished by a 6” diameter forcemain pipe routed in an easement along the north
boundary of the subdivision to Nelson Road, south to the Frontage Road, and parallel
southwest along the Frontage Road to the City’s existing outfall near Springhill Road. A 2”
sewer forcemain for MDT is currently in the same alignment along the Frontage Road. The
forcemain route could be altered to use the Moss Bridge Road alignment or can be
integrated with the Davis Lane Lift Station and forcemain design project (CIP#WWIF24).
Ultimately, the sewer outfall will discharge to the existing 30” interceptor sewer leading to
the nearby Water Reclamation Facility headworks.
Water Supply
According to the submitted water report (attached), current fire flows are estimated at
approximately 1,600 gallons per minute (gpm). Allowable uses in the M-1 district in
conjunction with materials storage and construction type may require fire sprinkler
systems within each building. In addition, fire service standards may require fire flows up
to 3,000 gpm. Required fire flows are determined by a combination of occupancy load,
construction type and materials, number of stories, manufacturing type, among other
considerations. The development can be served with current water supply with the
improvements described herein. However, there are scenarios in which a particular
development proposal would not be authorized under adopted life safety codes, as the
current water flow for fire suppression would be less than required by the life safety codes.
The Water Facility Plan calls for a water main connection providing looped distribution
from Davis Lane on the south side of Interstate 90 across the highway to the north side and
adjacent to the proposed location of the Davis Lane Lift. The City’s Capital Improvements
Plan (CIP) Fiscal Years 2020–2024 shows the Davis Lane lift station and water line
improvements in fiscal year 2020, see CIP 2020–2024, page 403, 407, and 413. The
proposed subdivision must connect to this water infrastructure in order to meet service
standards. The City is planning to construct the water main with CIP Project No. WIF25 and
WIF50. As such, as mitigation, the applicant must, prior to final plat approval, provide a
cash-in-lieu of infrastructure payment for their proportional share of the water main as per
UDC Section 38.270.070. In addition, the connection point with the City’s water main must
be shown in the design to the subdivision’s internal distribution system. All improvements
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must be reviewed and approved by the City Engineering Department prior to final plat
approval.
In addition to the requirement to connect to the to-be-constructed water main, there are a
number of alternative means to meet minimum water supply needs for fire suppression.
These include: (i) constructing a water line parallel to the existing water line from the
Montana Department of Transportation facility at the intersection of Nelson and Frontage
roads east to the WRF in addition to the proposed future expansion from Davis Lane; (ii)
the construction of temporary on-site fire suppressions systems; and (iii) connection to the
planned Davis Lane water line expansion providing full integration into the long term city
plan.
The Davis lane water line is designed to provide future capacity for water to the expanding
city, is designed to minimize costs to the City, and is on the 5 year Capital Improvement
Plan (CIP). The alternative parallel water system, while able to provide redundancy to the
water supply system, creates a constriction to future expansion plans to the WRF because
of required separation between water supply and wastewater systems. Therefore, the cash-
in lieu of infrastructure (water supply only, see Code Provision No. 6) is included to
support the planned expansion of the water supply to the area and construct the Davis
Lane connections.
The Water Facility Plan calls for a water main connection from Davis Lane north under
Interstate-90 to daylight adjacent to the proposed future Davis Lane wastewater lift station
to provide the required looped water distribution. The proposed subdivision must connect
to this future water main connection. The Developer recognizes the City plans to construct
the water main with CIP Project No. WIF25. Pursuant to section 38.270.070. In addition, the
connection point must be included in the design to the subdivision’s distribution system.
Therefore, the Engineering Department is requiring cash-in-lieu of infrastructure payment
for their proportional share of the water main (either the cost of the crossing using the City’s
minimum water main size or the cost an acceptable alternative secondary water system
connection as determined by the City’s Engineering Department), see Condition No. 42.
As described in the Park Place Annexation Agreement condition No. 9 (Resolution No.
4905), the land owner is on notice that no right to further develop any of the property until
is it verified by the City that the necessary municipal services, including but not limited to
water and sewer (others included in the agreement) are provided.
Staff created a draft construction timeline for clarity to the City and the applicant. The
timeline is for illustrative purposes only, no commitment to this timeline, for any party, is
implied.
Irrigation
Water for irrigation of open spaces is required and is proposed to be provided by a well.
The applicant must provide transfer of ownership to the Property Owners’ Association
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(POA) so that the POA can legally have the water resources necessary to maintain the open
space. Irrigation facilities to support the proposed open space must be transferred to the
POA. Code Requirement 4 requires DNRC certificates be included with the final plat
submittal.
Cash in lieu of water rights is required to provide long term water to the project. Code
provision 8 applies to this issue.
Streets – The Growth Policy, Bozeman Transportation Master Plan, and subdivision
standards require adequate connectivity of the street grid to ensure sufficient
infrastructure to serve the needs of the public, provide adequate safety, and alleviate
congestion. The preliminary plat layout creates two connections to Nelson Road and will
provide a secondary access point to Frontage Road at which time the connection is
possible.
An existing County Road easement is shown on the face of the plat. This easement is the
historic roadway for the continuation of Springhill Road that was severed with the
construction of I-90. If the easement is retained it interferes with the planned subdivision
design. The easement must be properly vacated with filing of the final plat approval. The
revised circulation on the site is adequate to meet the intent and purpose of this previously
planned road.
A mid-block crossing is required to meet minimum block length and width standards
of section 38.410.040. A concrete sidewalk is required to be constructed prior to final plat
approval to provide adequate pedestrian access to the site and Frontage Road. There are
MDT site and water/sewer
connection point
Subject property
Bozeman WRF
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unique site specific constraints with the site. Frontage Road, in addition to being a Montana
Department of Transportation route, is a designated Arterial street and Nelson Road is a
designated Collector according to the Transportation Master Plan. As such, limited access
point are permitted to improve safety. In addition, the location of the Cattail Creek
bisecting the property and requiring wetland setbacks to insure water quality precludes an
additional roadway in the immediate vicinity. Therefore, the proposed road layout meets
the standards of adopted plans and design standards.
The northern terminus of Royal Wolf Way must be constructed with temporary cul-de-sacs
or hammer-head turn-around per City Fire Department requirements. A temporary cul-de-
sacs or hammer-head turn-around per City Fire Department requirements will also be
required if the connection from Prince Lane to Frontage Road cannot be completed prior to
final plat approval. Various conditions and code requirements require provision of the
necessary easements prior to approval of plans and specifications and any commencement
of construction.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities. Condition of approval ensures that
the SILD will be formed and effective before final plat. The requirement for a single SILD
will simplify long term maintenance of the street lights and provide a cost that is more
equitably shared.
Maintenance and use of public streets is subject to the terms of the municipal code. The
certificate of dedication for the final plat must specify responsibilities for maintenance of
all streets, parks and open spaces. Code provisions apply to this issue.
Police/Fire – The area of the subdivision is within the service area of both these
departments. No concerns on service availability have been identified. The necessary
addresses will be provided to enable 911 response to individual homes prior to recording
of the final plat. Fire protection standards require the installation for fire hydrants at
designated spacing. Coordination for hydrant placement is included in Condition 22.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that standards
have been met. Maintenance of the storm water facilities is an obligation of the property
owners’ association. This responsibility is addressed in the covenants proposed with the
subdivision. The applicant is proposing contracting two ponds on individual lots located
downstream of all lots and rights of way to serve this purpose. Public utility, access, and
maintenance easements are required and are shown in code provision 7 along with the
installation of drainage facilities in accordance with state DEQ and City standards.
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Parklands – As noted above, this subject property is zoned M-1 and design for industrial
use. Pursuant to section 38.420.020.B.2, no parkland dedication is required with this
subdivision.
4) The effect on the Natural environment
Cattail Creek bisects the property and flows in a northerly direction. The creek has been
channelized to the south with the construction of the I-90 interstate with a 36” corrugated
metal pipe (CMP) and a 48” reinforced concrete pie (RCP) under Frontage Road and then
“daylights” exiting to the north. Wetlands are associated with the creek although restricted
to a narrow strip east and west of the watercourse. The extent of the wetlands is shown on
the preliminary plat. The applicant has provided a 50 foot watercourse setback to mitigate
impacts on the wetlands and watercourse as permitted by section 38.410.100. In addition,
required landscaping includes a planting plan in accordance with section 38.410.100.2.f.
Flood Hazard Analysis: EX 1
Two stormwater ponds will be constructed to mitigate stormwater runoff created by
placemen of impervious surfaces in the subdivision inclining streets, parking areas, and
buildings. These facilities will be constructed to City standards and to insure adequate
filtration and absorption prior to discharge back into Cattail Creek.
The development proposes the use of an onsite irrigation well to provide irrigation for the
landscaping. The City encourages use of wells or surface water rights to irrigate open
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spaces rather than municipal water supply. There is a lesser energy and infrastructure cost
to this approach. However, in order for the City to rely on these sources to meet the code
requirement there must be the rights to the water. Code requirement 4 requires that
necessary ownership and rights be transferred to the POA or City as appropriate.
The site is in an area of high groundwater, which may negatively impact construction of
buildings or cause illicit discharges into the sanitary sewer and over burden the surface
drainage system. Condition 33 prohibits use of basements and crawlspaces. This
requirement will protect both individual home owners from future hazards of flooding and
lessen burden on the public from illicit discharges.
In conclusion, this development will have minimal impacts on the natural environment.
5) The effect on Wildlife and wildlife habitat
Appendices 16.b states the subject properties have historically been used for agriculture
and the properties are currently managed under separate farm leases. The 10.546 acre
property is currently planted with alfalfa crops. Tract 1C and 1D (approx. 60 acres) were
not currently planted. The southern boundary of the properties align with Interstate 90
Frontage Road and the eastern boundary with Nelson Rd. The properties are bisected by
Cattail Creek, which has been channelized through a culvert on the southern edge, under I-
90. Except for a windmill, well, grain bin, subsurface petroleum pipelines and roads, the
subject properties are vacant. Minimal habitat exists on the properties, except for along the
creek which has been significantly disturbed and channelized. A noxious weed inventory
was completed in May 2018, and a weed and revegetation plan was developed and
submitted to the Gallatin County Weed Board. Noxious weeds on the subject properties
included Canada thistle, common tansy, perennial pepperweed and houndstongue.
The required watercourse planting plan will reestablish woody materials along the
watercourse. Ground cover plants will also be installed which will lessen sedimentation
into the creek. Wetlands along the creek will be protected within the watercourse setback.
Overall, the new vegetation should improve small bird, fish, and small animal habitat. A
request for comment was requested from Montana Department of Fish Wildlife and Parks.
No comment was provided.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC
which has determined that it is in general compliance with the title. Conditions deemed
necessary to ensure compliance are noted throughout this staff report. All subdivisions
must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Annotated. The
Department of Community Development has reviewed this application against the listed
criteria and provides the following summary for submittal materials and requirements.
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 33 of 48
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on July 3, 2018. No
subdivision submittal waivers were requested from the materials required in Section
38.220.060, “Additional Subdivision Preliminary Plat Supplements.”
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 Cattail Creek. The wetland fringe for Cattail Creek is
constrained to a narrow shoulder on the east and west side of the channel. The wetlands
setback shown on the plat and associated open space mitigate potential impacts future
development may have on the watercourse. Therefore, minimal impacts to surface waters
are identified.
38.220.060.A.2 Floodplains
Cattail Creek is comprised of a natural riparian area running through the entire length of
the boundary. The Cattail Creek flow path is not mapped by the National Flood Insurance
Program for the 100 year flood plain in the most recent revision. A basin of about 2 square
miles of mostly residential land use contributes to Cattail Creek as it flows through the
proposed subdivision. The flow path through the basin is a mix of overland flow, storm
drain pipes, natural channels, and long stretches of pipe. There are also multiple reservoirs
that affect the flow through the basin. See primary review criteria No. 4 above.
The existing stream and surrounding riparian area will be preserved, as all impervious
development must be outside of a 50 foot wetland setback. Two road crossing will be
designed to minimize the extent of impact to the natural channel. Therefore, no impacts to
flood plains are identified.
38.220.060.A.3 Groundwater
The groundwater monitoring well report is included at the end of the stormwater design
report in Appendix 13.b and 13.c of the application submittal. Twelve ground water
monitoring wells were used to determine estimated groundwater depth. Groundwater
levels in the monitor wells were reported on a monthly basis from March to July, 2018.
Ground water data and analysis can be found in tab 13. Data indicates ground water level is
relatively high varying between approximately 4 and 8 feet below the surface. The soils and
geology report in tab 14 indicates ground water is lower varying between 7 and 12 feet.
However the soils data was collected in February which is typically the lowest ground
water level.
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 34 of 48
The summary geotechnical investigation report conducted in March 2018 is included in
Appendix 14. The geotechnical report identifies the high groundwater issue and states that
basements are not recommended in most parts of the site. Therefore, staff suggests
condition number 33 limiting crawl spaces and full basement.
38.220.060.A.4 Geology, Soils and Slopes
No unusual geological features are present. The geotechnical investigation conducted in
March 2018 is included with this application. However, overburden on the site renders
suitable foundation bearing relatively deep at 6.0 to 10.0 feet. This fact requires additional
excavation to construct footings for buildings, requires special attention for utility
placements and support, and subgrade for the construction of roads.
38.220.060.A.5 Vegetation
The site has a history of agriculture with few native plants present except in wetland fringe
areas. A watercourse setback bordering Cattail Creek on the site will be revegetated with
native grasses and shrubs as the proposed beginning of a trail corridor that will be
continued adjacent to the wetland fringe.
A review of historic aerial imagery obtained from Google Earth revealed that the subject
property has been managed for agriculture from at least as far back as 1995. A review of
the Montana Natural Heritage Program’s statewide land cover data indicates the land use
on the subject property as cultivated “Cultivated Crops”.
The 10.546 acre parcel is currently planted with alfalfa crops. Tract 1C and 1D (approx. 60
acres) were not planted as of May 2018. The southern boundary of the properties align
with Interstate 90 Frontage Road and the eastern boundary with Nelson Rd. The properties
are bisected by Cattail Creek, which has been channelized through a culvert on the
southern edge, under I-90. Except for a windmill, well, grain bin, subsurface petroleum
pipelines and roads, the subject properties are vacant. A noxious weed inventory was
completed in May 2018, and a weed and revegetation plan was developed and submitted to
the Gallatin County Weed Board. Noxious weeds on the subject properties included Canada
thistle, common tansy, and houndstongue.
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 35 of 48
38.220.060.A.6 Wildlife
As noted discussed in the primary review criteria above and in Appendices 16.b, the
subject properties have historically been used for agriculture and the properties are
currently managed under separate farm leases. The 10.546 acre property is currently
planted with alfalfa crops. Tract 1C and 1D (approx. 60 acres) were not currently planted.
The southern boundary of the properties align with Interstate 90 Frontage Road and the
eastern boundary with Nelson Rd. The properties are bisected by Cattail Creek, which has
been channelized through a culvert on the southern edge, under I-90. Except for a windmill,
well, grain bin, subsurface petroleum pipelines and roads, the subject properties are
vacant. Minimal habitat exists on the properties, except for along the creek which has been
significantly disturbed and channelized.
The proximity to East Gallatin River corridor, habitat for a variety of small and large animal
species, and being bisected by Cattail Creek provide evidence used to determine the
property is valuable to the support of wildlife. No evidence of endangered species was
found on the properties.
On the other hand, the subject property has a number of distinguishing properties that
overcome the value for wildlife and support industrial development. The Burlington
Northern/Montana Rail Link rail road, Frontage Road, East Valley Center Road, and the I-
90 corridor make up the southern border of the property. Nelson Road, a designated
Collector, bounds the east side, a large portion of the norther boundary is an asphalt
parking lot and storage facility. The property has long been used for agricultural
production and has been within the growth boundary for the City. In addition, the property
underwent review to alter the land use designation to industrial and zoned for industrial
uses. Finally, adjacent to the property is a MDT maintenance facility site. Therefore,
development as the proposed subdivision should not adversely impact wildlife.
38.220.060.A.7 Historical Features
No notable features are on the site.
38.220.060.A.8 Agriculture
According to the documentation found in section 18 of the applicant submittal the property
has historically been, “used for agriculture and is currently managed under separate farm
leases. A review of historic aerial imagery obtained from Google Earth revealed that the
subject property has been managed for agriculture from at least as far back as 1995. A
review of the Montana Natural Heritage Program’s statewide land cover data indicates the
land use on the subject property as cultivated “Cultivated Crops””.
The subject property is designated industrial area according to the City of Bozeman
Community Plan. As noted earlier, the subject property was recently annexed into the City
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 36 of 48
and through that process modified the future land use map from Present Rural to Industrial
and established initial zoning of M-1 or Light Industrial.
Therefore, due to the proximity to I-90, Frontage Road, rail connections, a designated
Collector street, other incompatible ag uses, and that the City has determined the need for
industrial lands for the betterment of the community the conversion of vacant land into
industrial use does not adversely affect agriculture. See discussion above under primary
review criteria.
38.220.060.A.9 Agricultural Water User Facilities
No agricultural water user facilities are present. However, as noted in the primary review
criteria No. 2 above, agricultural water is conveyed through the site. An access and
maintenance easement is required to insure downstream users have access to water rights.
38.220.060.A.10 Water and Sewer
New infrastructure will be installed on site to serve the development. See discussion above
under primary review criteria. The required design report has been provided. Formal plans
and specifications will be prepared and reviewed after action on the preliminary plat. Cash
in lieu of water rights is required to provide long term water to the project. Code provision
11 applies to this issue.
38.220.060.A.11 Stormwater Management
See discussion above under primary review criteria. Permits from the state for stormwater
control will be required prior to any onsite construction.
38.220.060.A.12 Streets, Roads and Alleys
Access to the property is proved by Frontage and Nelson Roads. Additional roads will be
constructed to provide internal circulation for future users and emergency services.
Frontage Road is a designated Minor Arterial street under the jurisdiction of Montana
Department of Transportation (MDT) or until the City of Bozeman annexed adjacent
properties and rights-or-way. Nelson Road is a designated Collector street. Arterial and
Collector streets restrict access points to greater separation.
An existing County road easement exists for the extension of Valley Center Road. The
construction of I-90 severed this extension and East Valley Center Spur was built to
accommodate access from the south to the north side of I-90. The proposed road design
will eliminate the need for the road easement. A condition is included to insure the
easement is vacated prior to final plat approval.
MDT is in process of a number of infrastructure upgrades to Frontage Road for improve
safety and accommodate growing traffic. Improvements include upgrades to the
intersections of Nelson Road and Frontage Road and of East Valley Center Spur and
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 37 of 48
Frontage Road. Specific improvements to Nelson and Frontage Roads include signalized
control and the City is requiring 90 degree turning configuration.
Pursuant to section 38.410.040, BMC Block length must not be designed, unless otherwise
impractical, to be more than 400 feet in length or less than 300 feet in length. Block
lengths may 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 may
a block exceed 1,320 feet in length. Similarly, block width must not be less than 200 feet
or more than 400 feet in length, except where essential to provide separation of
residential development from a traffic arterial or to overcome specific disadvantages of
topography and orientation.
Due to the location of this property and its relation to major trail corridors listed in the
Parks, Recreation, Open Space, and Trails Plan (PROST) and anticipated future
commercial and residential growth in the area, a pedestrian rights-of-way is deemed
necessary to provide a block separation to meet maximum block length standards and
provide means for multi-modal transportation to the City. The required pedestrian ROW
is shown on the plat and must be constructed with a city standard sidewalk and be
maintained by the property owners association pursuant to section 38.410.040.D. The
block width from the intersection of Nelson Road and Royal Wolf Way to Prince Lane,
with the pedestrian rights-of-way is 1,108 and 601 feet. The block would otherwise be
1,709 feet. Without the pedestrian ROW easement, a subdivision variance would be
required.
Prince Lane will be connected to Valley Center Spur Road with any required intersection
improvements installed when deemed necessary and right of way is granted or secured
through annexation or other mechanism. Frontage Road was constructed in a public access
and utility easement granted by the rail road. Any connection to Frontage Road will require
written approval from the Rail Company and coordination with MDT to configure the
intersection properly. There is limited separation between Frontage Road and the RR
crossing creating additional stacking and turning design challenges. Future connection is
expected when the necessary right of way is obtained to connect the two road segments. In
addition a city standard turnaround is also required at the northern terminus of Royal Wolf
Way.
A 30 foot public street and utility easement is required on the norther edge of the property
to accommodate future connectivity.
The distance between Nelson Road and E Valley Center Spur is approximately 2,275 feet,
slightly more than one half mile. Half mile separation are typical separation for
signalization on MDT roads in urbanizing areas.
Joint access point are proposed for lots in Blocks 1 and 2 facing Nelson Road.
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 38 of 48
Numerous public access and utility easements make up the Nelson Road ROW. Conditions
No. 34 requires the dedication of these public access and utility easements to rights-or-
way.
38.220.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. City standards
require a minimum 10 foot utility easement in the front yard pursuant to section
38.410.060. Side and rear yard utility easements (PUE) are not requirements but are
allowed. Nelson Meadows is proposing 20 foot front utility easements on all lots except lot
1 and 2, Block 6 and a portion of Lot 7, Block 7 to accommodate the existing underground
pipeline. The PUE simply detached from the front property line to insure safe coexistence
with the petroleum pipe line, electric power, and gas service.
38.220.060.A.14 Educational Facilities
No residential use is proposed at this time. Required materials are provided. Adequate
capacity is available.
38.220.060.A.15 Land Use
The property is zoned M-1 (Light Industrial District) and the use proposed is exclusively
industrial. Please refer to Appendix A for more information.
38.220.060.A.16 Parks and Recreation Facilities
Pursuant to section 38.420.020.B no parkland dedication is required.
Pursuant to section 38.420.110, developers must install pathways in accordance with this
chapter, the growth policy, the most recently adopted long-range transportation plan, any
adopted citywide park plan, and any adopted individual park master plan, and must
comply with City of Bozeman Design Specifications. Recreational pathways are required
and provided as shown on the preliminary plat. A 6 foot wide asphalt multi-use path will be
constructed within a 25 foot public trail easement along Frontage Road. An internal gravel
fines trail will be constructed adjacent to Cattail Creek within the common space and
outside of zone 1 of the wetlands setback area on the west side of the creek. A gravel fines
trail will also be constructed on the west edge of the property and be connected to the open
space trail adjacent to Cattail Creek on the northern edge of the property. All trails are
within public access easements and will be landscaped.
38.220.060.A.17 Neighborhood Center Plan
Pursuant to section 38.410.020.A a neighborhood center or plan is not required.
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 39 of 48
38.220.060.A.18 Lighting Plan
All street lights installed must use LED light heads and must conform to the City’s
requirement for cut-off shields as required by the City’s specifications. A Special
Improvement Lighting District (SILD) will be created prior to final plat application.
38.220.060.A.19 Miscellaneous
No additional impacts or hazards have been identified or are anticipated based on the
analysis contained in this report.
38.220060.A.20 Affordable Housing
No affordable housing is required for industrial subdivision.
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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 these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and
to determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission
at a public hearing on January 14, 2019 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized changes to the
conditions of approval, and summarized the public comment submitted to the City prior
to the public hearing.
D. The applicant, BarTimCo Properties, LLC, acknowledged understanding and agreement
with the recommended conditions of approval, code provisions including the changes to
the conditions of approval.
E. The City Commission requested public comment at the public hearing on January 14,
2019 and three members of the public offered testimony for on the subdivision.
F. 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.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 2 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 3 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 41 of 48
subsequent construction complies with all applicable regulations, and all applicable
criteria of Chapter 38, BMC.
H. 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) year from the
date of the signed Findings of Fact and Order approval. At the end of this period the City
may, at the request of the subdivider, grant an extension to its approval by the
Community Development Director for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2019
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 42 of 48
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned M-1 (Light
Manufacturing District). The intent of the M-1 light manufacturing district is to provide for
the community's needs for wholesale trade, storage and warehousing, trucking and
transportation terminals, light manufacturing and similar activities. The district should be
oriented to major transportation facilities yet arranged to minimize adverse effects on
residential development, therefore, some type of screening may be necessary.
Pursuant to section 38.310.040, authorized uses, a wide variety of land uses are permitted
within the M-1 district. Selected categories are listed below.
Table 38.310.040.A. Permitted general sales uses in commercial, mixed-use, and industrial
zoning districts.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-
1 1
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2
BP
M-
1
M-
2
General sales
Automobile, boat or
recreational vehicle
sales, service and/or
rental
— — — — — — P — P P —
Automobile fuel sales or
repair (38.360.070)*
S S S S S S P — P P —
Convenience uses
(38.360.100)*
— P P C C P P — — — —
Heavy retail
establishment (Retail,
large scale -
38.360.150)*
— P P C P C P — P P —
59
18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 43 of 48
Restaurants* P 3 P P P P P
P
1,500sf
— P 3 P 3 —
Retail*
• 0-5,000sf GFA P 4
P
4
P 4
P
4
P 4 P 4,5 A 6 C 7 A 6
A 6
C 7
A 6
C 7
—
• 5,001-24,999sf GFA —
P
4
P 4
P
4
P 4 P 4,5 A 6 C 7 A 6
A 6
C 7
A 6
C 7
—
• 25,000sf-39,999sf
GFA
—
P
4
P 4
P
4
P 4 — A 6 C 7 A 6
A 6
C 7
A 6
C 7
—
• Over 40,000sf GFA
(Retail, large scale -
38.360.150)*
—
P
4
P 4 — S — — — — — —
Sales of alcohol for on-
premises consumption
(38.360.060)
S 8 S 8 C 8 S 8 S 8,9 S 8,9 S 8 —
C 8,
10
C 8,
10
—
18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 44 of 48
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the
following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses
issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent
of the total building area of a food processing facility; and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000
square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B. Permitted services and temporary lodging uses in commercial, mixed-
use, and industrial zoning districts.
Uses
Zoning Districts
Commercial Mixed Use Industrial
PLI
B-
1 1
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2
BP M-1 M-2
Personal and general service
Animal shelters — — — — — — C — S S —
Automobile washing
establishment*
— P P C C C P — P P —
Daycare—Family,
group, or center*
P 3
P
3
P 3
P
3
P 3 P 3 S/A
S/A
4
C/A
4
C/A
4
C
General service
establishment*
P P P P P P P C P C —
Health and exercise
establishments*
P
S
P P P P P P C P P —
Heavy service
establishment*
18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 45 of 48
Offices*
P 3
S
P
3
P 3
P
3
P 3 P 3 P P 5 P P —
Personal and
convenience
services*
P P P P P P A A A A —
Truck repair,
washing, and fueling
services
— — — — — — C — C P —
Temporary lodging
Bed and breakfast* — — — — — P C — — — —
Short Term Rental
(Type 1)*
— P P P P P P — — — —
Short Term Rental
(Type 2)*
— P P P P P P — — — —
Short Term Rental
(Type 3)*
— P P P P P — — — — —
Hotel or motel* — P P P P
P
40,000sf
P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Only lobbies for the applicable use are allowed on designated Storefront block frontages as set forth
in section 38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building or
building complex.
5. Professional and business offices only.
Table 38.310.040.D. Permitted industrial and wholesale uses in commercial, mixed-use, and
industrial zoning districts.
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 46 of 48
Uses
Zoning Districts
Commercial Mixed Use Industrial
B- PLI
1
1
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU
2
BP
M-
1
M-
2
Industrial and Wholesale
Junk salvage or
automobile
reduction/salvage yards
— — — — — — — — — C —
Manufacturing, artisan* P P P
P
3
P P P P P P —
Manufacturing (light)* — S S
C
4
P 5 P 6 P P 5 P 5 P —
Manufacturing
(moderate)*
— C C — — — P P P P —
Manufacturing (heavy)* — — — — — — — — C P —
Outside storage — — — — — — P A P P —
Refuse and recycling
containers
A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
Warehousing, residential
storage (mini
warehousing)
(38.360.180)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which
aren't addressed in this table).
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 47 of 48
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining
the building's entrance on Main Street is required. The downtown core includes those properties
along Main Street from Grand to Rouse Avenues and to the alleys one-half block north and south from
Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to
Rouse Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this article.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Industrial.” This
classification provides areas for the uses which support an urban environment such as
manufacturing, warehousing, and transportation hubs. Development within these areas is
intensive and is connected to significant transportation corridors. In order to protect the
economic base and necessary services represented by industrial uses, uses which would be
detrimentally impacted by industrial activities are discouraged. Although use in these areas
is intensive, these areas are part of the larger community and shall meet basic standards
for landscaping and other site design issues and be integrated with the larger community.
In some circumstances, uses other than those typically considered industrial have been
historically present in areas which were given an industrial designation in this growth
policy. Careful consideration must be given to public policies to allow these mixed uses to
coexist in harmony.
APPENDIX B – 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. Content of the notice contained all elements required by Article 38.220, BMC.
No written or verbal public comments were received before or at the Planning Board public
hearing began. Three written public comments were received prior to the City Commission
hearing. Four verbal statements were given at the Commission Hearing. One from GAP –
Galla10 Alliance for Pathways (GAP), the Bozeman Area Pedestrian and Traffic Safety
Committee (PTS), a third individual, and comment from the applicant’s legal counsel
requesting modifications to staff suggested conditions of approval and code provisions. All
comments were in support of the development. All written comments were provided to the
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18458, Findings of Fact and Order – Nelson Meadows Subdivision Page 48 of 48
Commission and discussion of each raised issue was had before the City Commission made
their decision.
Except for the applicant legal counsel, all comments received focused on the required 10
foot wide paved multi-use pathway adjacent to Frontage Road and connections from the
development to Valley Center Spur Road. An additional condition of approval was imposed
to clearly state the adopted design standard for multi-use pathways was constructed to a
minimum 10 foot wide asphalt path. In addition, language existed in the transportation
network that a connection to Valley Center Spur is required unless the intermediary
property owner refused access.
The applicant’s council submitted suggested condition and code provision changes to
insure city constructed infrastructure and required internal development requirements
were harmonized with the desired completion dates for the development. Staff supported
the modifications. The City Commission moved to accept the modifications and
unanimously approved those changes.
The City Commission public hearings is available at:
https://media.avcaptureall.com/session.html?sessionid=fb45f086-af49-44ae-9f1b-
a06f58d7e8f8&prefilter=654,3835
APPENDIX C - OWNER INFORMATION
Owner/Applicant: BarTimCo Properties, LLC, 701 Gold Avenue, Bozeman, MT 59715
Representative: Morrison-Maierle, Inc., 2880 Technology Boulevard West, Bozeman, MT
59718
FISCAL EFFECTS
The development will generate the typical costs and revenues of commercial development.
ATTACHMENTS
Supporting documentation and application materials are attached to this report. The full
application and file of record can be viewed at the Community Development Department at
20 E. Olive Street, Bozeman, MT 59715.
65
— P P C P C P — P P —
Medical and dental
offices, clinics and
centers*
P 3
S
P
3
P 3
P
3
P 3 P 3 P P P P —
Mortuary — S S S S — — — — — —
61
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table
38.310.030 for those not listed in this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing
facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited
to no more than four structures per 100 acres of contiguous master planned development and
subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are
limited to no more than two structures per 100 acres of contiguous master planned
development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent
of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
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