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19049, Planning Board Staff Report for the Valley West Square
Subdivision Preliminary Plat
Date: Planning Board, April 2, 2019 at 7:00 pm in the City Commission Room 121 N. Rouse
Avenue, Bozeman, Montana
City Commission, April 8, 2019 at 6:00 pm in the City Commission Room 121 N.
Rouse Avenue, Bozeman, Montana
Project Description: A Preliminary Major Subdivision application to create 5 commercial
lots and 1 lot for parking and public access, located on 2.66 acres at the northeast corner of
W. Babcock Street and North Cottonwood Road. The lot is a remainder parcel within the
Valley West Square Subdivision and Valley West Square Planned Unit Development (PUD).
Project Location: Tract 3A, Block 1, Amended Plat of Valley West Subdivision, located in
the northwest one-quarter of Section 10, Township 02 S, Range 05 E, Block 1, Tract 3A,
PMM, City of Bozeman, Montana.
Recommendation: Approval with conditions
Advisory 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 19049 and move to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 19049 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: March 27, 2019
Staff Contact: Addi Jadin, Community Development
Griffin Nielsen, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
NA
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 2 of 19
Project Summary
A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for
parking, public access, and drainage, located on 2.66 acres at the northeast corner of W.
Babcock Street and North Cottonwood Road. The project is located within the Valley West
Planned Unit Development (PUD) and future buildings are planned to comply with the
design requirements.
The preliminary plat application was reviewed concurrently with a recently approved
Master Site Plan, application 18355 (see Map Series).
The project will coordinate improvements with a Capital Improvement Project (CIP) within
the Cottonwood right-of-way planned for this year. Cash-in-lieu of infrastructure will be
paid prior to final plat for the local cost share of the street improvements including one
vehicular travel lane, curb and gutter, and sidewalk adjacent to the property boundary on
Cottonwood Road.
Alternatives
1. Recommend approval of the application with the recommended conditions;
2. Recommend approval of 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.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 3 of 19
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................. 1
Unresolved Issues ............................................................................................................. 1
NA ....................................................................................................................................... 1
Project Summary ............................................................................................................... 2
Alternatives ........................................................................................................................ 2
SECTION 1 - MAP SERIES.............................................................................................................. 4
SECTION 2 – REQUESTED VARIANCES ....................................................................................... 6
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ..................................................... 6
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS .................................. 9
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................... 10
SECTION 6 - STAFF ANALYSIS and findings ............................................................................. 11
Applicable Subdivision Review Criteria, Section 38.03.040, BMC. ............................. 11
Primary Subdivision Review Criteria, Section 76-3-608 ............................................. 12
Preliminary Plat Supplements ....................................................................................... 14
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................................... 17
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND ............................... 18
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................................. 19
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF .......................................... 19
FISCAL EFFECTS .......................................................................................................................... 19
ATTACHMENTS ........................................................................................................................... 19
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 4 of 19
SECTION 1 - MAP SERIES
Zoning Vicinity Map
Page 5 of 19
Proposed Plat Layout with Master Site Plan
Page 6 of 19
SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified
in this report. These conditions are specific to the planned unit development. Additional
conditions may apply to the subdivision of the property being processed concurrently with
this planned unit development.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of
Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all
required documents, including certification from the City Engineer that as-built
drawings for public improvements were received, a platting certificate, and all
required and corrected certificates. The Final Plat application shall include three (3)
signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints. The
Gallatin County Clerk & Recorder’s office has elected to continue the existing
medium requirements of 2 mylars with a 1½” binding margin on one side for both
plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval
sheet as the last same sized mylar sheet in the plat set.
2. The applicant 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.
3. 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.
4. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval
and noted code provisions have been satisfactorily addressed, and shall include a
digital copy (pdf) of the entire Final Plat submittal. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note,
covenant, etc. in the submittal.
5. All references on the final plat and within easement documents must be changed
from “Common Open Space Lot” to “Common Lot A”.
6. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner
is not the subdivider) shall transfer ownership to the property owner’s association
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 7 of 19
of the common lot proposed to be conveyed to the property owner’s association and
all its right, title, and interest in any improvements made to such common lot.
7. For the transfer of real property, the subdivider or owner of the property shall
submit with the application for final plat a warranty deed or other instrument
acceptable to the City Attorney transferring fee simple ownership to the property
owner’s association and associated realty transfer certificate. The subdivider or
owner of the property must record the deed or instrument at the time of recording
of the final plat. For personal property installed upon property owned by the
property owner’s association, the subdivider shall provide an instrument acceptable
to the City Attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements.
8. 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.
9. The final plat must provide all necessary utility easements and must be described,
dimensioned and shown on each subdivision block of the final plat in their true and
correct location.
10. The final plat shall contain the following notation on the conditions of approval
sheet: “Ownership of all common areas, and responsibility of maintenance thereof
and for city assessments levied on the common lands shall be that of the property
owners’ association. Maintenance responsibility shall include, in addition to the
common lot, all vegetative ground cover and irrigation systems. The property
owners’ association shall be responsible for levying annual assessments to provide
for the maintenance, repair, and upkeep of all common areas. At the same time of
recording the final plat for the subdivision, the subdivider shall transfer ownership
of the common lot to the property owners’ association created by the subdivider.
11. Water and sewer services must be installed prior to final plat.
12. 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.
13. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
14. All clear distances between the City utilities and right of way lines, gutters, trees, and
other utilities shall be maintained as specified in the City Design Standards and
Specification Policy.
15. 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.
16. The applicant must add a note to the Conditions sheet of the plat to the effect that
maintenance of stormwater infrastructure is the responsibility of the property
owner’s association.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 8 of 19
17. The applicant must add a note to the Conditions sheet of the plat to the effect that
this development falls within a known area of high groundwater. No crawl spaces
or basements may be constructed such that sump pumps are required to pump
water from these spaces. Sump pumps are not allowed to be connected to the
sanitary sewer system. Sump pumps are also not allowed to be connected to the
drainage system unless capacity is designed into the drainage system to accept
the pumped water. Water from sump pumps may not be discharge onto streets,
such as into the curb and gutters where they may create a safety hazard for
pedestrians and vehicles.
18. The existing power pole located at the proposed right in right out access onto
Cottonwood must be relocated outside of the street visions triangle to avoid conflict
with the subdivision access.
19. 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.
20. 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 North Cottonwood Road including paving,
curb/gutter, sidewalk, and storm drainage;
b. Street improvements to West Babcock Street including paving, curb/gutter,
sidewalk, and storm drainage
c. Intersection improvements to North Cottonwood Road and West Babcock
Street.
d. Intersection improvements to North Cottonwood Road and Durston Road
e. Intersection improvements to North Cottonwood Road and Huffine Lane
f. Intersection improvements to Ferguson Avenue and West Babcock Street.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair
share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development, or a
combination thereof. The applicant must provide a copy of the filed SID waiver
prior to final plat approval.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 9 of 19
21. A 1 foot “No Access” strip shall be placed on the North Cottonwood Road frontage of
Lots 1, 2, and 3.
22. A 1 foot “No Access” strip shall be placed on the West Babcock Street frontage of
Lots 3, 4, and Common Lot A.
23. The final plat for each phase shall include a transfer of private improvements
certificate to read substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-
PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners
association noted below for their use and enjoyment: Common Lot parcels
designated with letters A, B, C, D, etc. Unless specifically listed in the
Certificate of Dedication, the city accepts no responsibility for maintaining the
same. I, (Subdivider), hereby further certify that the following non-public
improvements, required to meet the requirements of Chapter 38 of the
Bozeman Municipal Code, or as a condition(s) of approval of the subdivision
plotted herewith, have been installed in conformance with any approved plans
and specifications prepared in accordance with the standards of Chapter 38 or
other City design standards, or have been financially guaranteed and are
covered by the subdivision improvements agreement accompanying and
recorded with this plat.
Installed Improvements: (LIST ITEMS OR STATE NONE).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document
Number ______________________ (To be filled in when recorded)
By: (Subdivider) Date: _____________________________
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
A. Bozeman Unified Development Code Section 38.400.050.A.1:
b. The applicant is responsible for the local cost share of the street improvements
including one vehicular travel lane, curb and gutter, sidewalk adjacent to the property
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 10 of 19
boundary on Cottonwood Road. A cash-in-lieu of infrastructure payment is required per
Bozeman Municipal Code (BMC) 38.270.070 prior to final plat.
B. Bozeman Unified Development Code Section 38.410.060:
a. The shared parking and drainage easements must be provided prior to final plat. If
the easements are to be defined within the property owners association documents the
final plat must contain a note referencing the document.
C. Bozeman Unified Development Code Section 38.410.080:
a. A City standard stormwater pipeline easement must be provided for the existing
stormwater main location onsite. The proposed onsite underground system may not
encroach into the easement. The easement must be provided prior to final plat and the
extent shown on the plat.
b. The subdivision is responsible for maintaining the stormwater system. The
stormwater maintenance plan must be incorporated into the property owner’s
association (POA) documents and demonstrate inclusion in the documents prior to final
plat approval.
D. Bozeman Unified Development Code Section 38.410.130.A:
a. The applicant must provide water rights or pay cash-in-lieu of water rights prior to
final plat approval.
E. Bozeman Unified Development Code Section 38.22.070.A
7. The applicant must provide the necessary documents to complete transfer of all
water rights and ownership of water improvements associated with any exempt well to
the property owners association as part of final plat approval.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The Development Review Committee (DRC) considered the application on February 27,
2019. The DRC found the application adequate for review.
The Planning Board will conduct a public hearing on the related subdivision and make a
recommendation to the City Commission. Public hearing date for the Planning Board is
April 2, 2019. The hearing will be held in the City Commission chamber, 121 N Rouse
Avenue at 7 pm.
Public hearing date for the City Commission is April 8, 2019. The hearing will be held in the
City Commission chamber, 121 N Rouse Avenue at 6 pm.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 11 of 19
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review.
The analysis is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards
and City Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision
and Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition No. 1, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or State law. Additional compliance and data necessary to verify compliance with
Chapter 38 will be required with Conditions of Approval. Section 4 of this report identifies
specific corrections necessary to comply with the municipal code.
3) Compliance with the local subdivision review procedures provided for in Part
6 of the Montana Subdivision and Platting Act
The application was received on February 1, 2019. The application was found adequate for
further review on March 14, 2019. The hearings before the Planning Board and City
Commission have been properly noticed as required by the municipal code. Based on the
recommendation of the DRC, as well as any public testimony received on the matter, the
Planning Board shall forward a recommendation in a report 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
38.03.040.A.5.a(4), BMC the city commission shall approve, conditionally approve or deny
the subdivision application by June 10, 2019, unless there is a written extension from the
developer, not to exceed one year.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 12 of 19
Public notice for this application was given as described in Appendix C.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration. Section 4, items A-D address
corrections required to comply with chapter 38, BMC. The conditions ensure that identified
regulations are met.
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 public utilities will be located
within dedicated street right of way.
6) The provision of legal and physical access to each parcel within the subdivision
and the notation of that access on the applicable plat and any instrument
transferring the parcel
All of the proposed lots have frontage to public streets constructed to City standards.
The applicant has proposed use of a common lot with parking and internal driveway to
provide legal and physical access for the subdivision lots. Easements establishing legal and
physical access to each parcel must be approved and created prior to or concurrent with
the final plat.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated for community commercial mixed use according to the
City of Bozeman Community Plan. The area is zoned for commercial development.
Property to the north, east, and south has also been or is in the process of being developed
for non-agricultural uses. Therefore, this subdivision will not have adverse effects on
agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were discovered during review. Currently the subject
property is designated as a commercial area according to the City of Bozeman Community
Plan; the area is zoned for commercial development, and has begun to develop.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 13 of 19
3) The effect on Local services
Water/Sewer – Municipal water and sewer can be provided to this site. Water and sewer
mains will be installed prior to final plat approval. An exempt well is located on the site
which may be used for irrigation.
Streets – Existing street grid will serve the subdivision. Adequate street capacity is available
for this project.
Existing street lights will serve the subdivision.
Police/Fire – The area of the subdivision is within the service area of both these
departments. No concerns on service availability have been identified. A condition of
approval requires that the necessary addresses are provided to enable 911 response to
individual buildings. A public utility easement is provided for a hydrant that will be
required with subsequent development as identified in the Master Site Plan.
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 owners association. This responsibility is addressed in the covenants proposed
with the subdivision and ensured through Conditions 16 and 23 and code correction C in
Section 4 of the staff report.
Parklands – No parklands are required.
4) The effect on the Natural environment
The property is a remainder tract of a large multi-phase development that is nearly built
out. The property has no surface waters or wetlands.
The project site has high ground water which can flood crawl spaces. Water removed from
crawl spaces must go somewhere. Illicit discharges to the sanitary sewer consumes pipe
capacity and can overburden the system. Discharge to streets can overburden the surface
drainage system. The subdivision includes stormwater controls to offset this concern and
conditions of approval to inform future landowners of the high ground water.
5) The effect on Wildlife and wildlife habitat
The property is a remainder tract of a large multi-phase development that is nearly built
out. The property has no forests, surface waters or wetlands providing animal habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the DRC
which has determined that it is in general compliance with the title. Any other conditions
deemed necessary to ensure compliance have been noted throughout this staff report. In
addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d,
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 14 of 19
Mont Code Ann. and as a result, the Department of Community Development has reviewed
this application against the listed criteria and further provides the following summary for
submittal materials and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on October 10, 2018.
With the pre-application plan review application, waivers were requested from the
materials required in Section 38.41.060 “Additional Subdivision Preliminary Plat
Supplements.” The waiver requests for certain elements of the supplement checklist were
granted. Staff offers the following summary comments on the supplemental information
required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Material waived. No surface water impacts are expected.
38.41.060.A.2 Floodplains
Material waived. No floodplain impacts are expected.
38.41.060.A.3 Groundwater
Supplemental information was provided showing location of groundwater. Condition of
approval 17 notifies future lot owners of high ground water and requirements for
construction of crawl spaces and basements.
38.41.060.A.4 Geology, Soils and Slopes
Soils appear adequate to carry the burden of infrastructure and commercial development.
No steep slopes exist.
38.41.060.A.5 Vegetation
Material waived. No major vegetation types or critical plant species are present.
38.41.060.A.6 Wildlife
Material waived. No critical wildlife species or habitat are known to be present on this site.
38.41.060.A.7 Historical Features
Material waived. There are no identified historical features on the site.
38.41.060.A.8 Agriculture
Material waived. The site is within a previously reviewed subdivision.
38.41.060.A.9 Agricultural Water User Facilities
No agricultural water user facilities are in the vicinity.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 15 of 19
38.41.060.A.10 Water and Sewer
The site will be served with municipal services as discussed under Criteria 3 of the Primary
Review Criteria. Additional design details will be provided during the plan and
specification review conducted by the Engineering division prior to construction.
Cash-in-lieu of water rights will be provided prior to final plat per Code Correction D above.
Sanitary sewer service will be provided through connection to the City of Bozeman’s
existing sanitary sewer collection system. The sewer system will connect to the 8” mains in
Cottonwood Road, Babcock Street, and Stafford Avenue. From there, sanitary sewage will
be conveyed to and treated at the City of Bozeman’s Water Reclamation Facility.
38.41.060.A.11 Stormwater Management
The application proposes to manage stormwater onsite with underground infiltration
chambers in the public access and parking common lot. Review of the proposed methods
of treatment appears to comply with adopted standards. Further analysis will occur during
the plans and specifications review by the Engineering Division.
38.41.060.A.12 Streets, Roads and Alleys
A traffic study was waived based on estimates for peak hour trips for the proposed
development.
38.41.060.A.13 Utilities
All private utility easements are shown on the plat in accordance with the Master Site Plan.
38.41.060.A.14 Educational Facilities
No residential units are proposed.
38.41.060.A.15 Land Use
The subdivision was reviewed concurrently with a Master Site Plan showing 5 commercial
lots and one common lot for parking and vehicular access. Subsequent site development
will require site plan applications.
The development is located within a large area designated as community commercial
mixed use within the Bozeman Community Plan. Although it is part of this large area that
extends down Cottonwood Road to Huffine and east on both sides of Huffine and Main
Street, the configuration of the B-1 zoning district in this area coupled with the Valley West
PUD design standards should distinguish this development as a unique, smaller scale
development more appropriate for adjacent residential properties.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 16 of 19
38.41.060.A.16 Parks and Recreation Facilities
Material waived. No parkland is required for commercial development.
38.41.060.A.17 Neighborhood Center Plan
Material waived.
38.41.060.A.18 Lighting Plan
No lights are proposed. Street lights are in place to serve the subdivision.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to
any public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
No residential uses are proposed.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 17 of 19
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned “B-1” (Neighborhood
Business District). The intent of the B-1 neighborhood business district is to provide for
smaller scale retail and service activities frequently required by neighborhood residents on
a day to day basis, as well as residential development as a secondary purpose, while still
maintaining compatibility with adjacent residential land uses. Design standards
emphasizing pedestrian oriented design are important elements of this district. Use of this
zone is appropriate for areas functioning as a center for surrounding residential
neighborhoods.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as community commercial
mixed use. Activities within this land use category are the basic employment and services
necessary for a vibrant community. Establishments located within these categories draw
from the community as a whole for their employee and customer base and are sized
accordingly. A broad range of functions including retail, education, professional and
personal services, offices, residences, and general service activities typify this designation.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are
integrated with significant transportation corridors, including transit and non-automotive
routes, to facilitate efficient travel opportunities. The density of development is expected to
be higher than currently seen in most commercial areas in Bozeman and should include
multi-story buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow
residences on upper floors, in appropriate circumstances. Urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities are anticipated,
appropriately designed for an urban character. Placed in proximity to significant streets
and intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation
shall be provided. High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an
automobile. The Community Commercial Mixed Use category is distributed at two different
scales to serve different purposes. Large Community Commercial Mixed Use areas are
significant in size and are activity centers for an area of several square miles surrounding
them. These are intended to service the larger community as well as adjacent
neighborhoods and are typically distributed on a one mile radius. Smaller Community
Commercial areas are usually in the 10- 15 acre size range and are intended to provide
primarily local service to an area of approximately one-half mile radius. These commercial
centers support and help give identity to individual neighborhoods by providing a visible
and distinctive focal point.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 18 of 19
They should typically be located on one or two quadrants of intersections of arterials
and/or collectors. Although a broad range of uses may be appropriate in both types of
locations the size and scale is to be smaller within the local service placements. Mixed use
areas should be developed in an integrated, pedestrian friendly manner and should not be
overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections.
As needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
A Preliminary Major Subdivision application to create 5 commercial lots and 1 lot for
parking, public access, and drainage, located on 2.66 acres at the northeast corner of W.
Babcock Street and North Cottonwood Road. The project is located within the Valley West
Planned Unit Development (PUD) and future buildings are planned to comply with the
design requirements of the PUD. The use of this property for commercial purposes has
been intended and documented by adopted zoning since initial development of the Valley
West subdivision.
The subject parcel is a remainder lot of the Valley West Subdivision platted in 2002 and
then further reduced with the platting of Valley West Subdivision phase 3B.
The development is located within a large area designated as community commercial
mixed use within the Bozeman Community Plan. Although part of this large area that
extends down Cottonwood Road to Huffine and east on both sides of Huffine and Main
Street, the configuration of the B-1 zoning district in this area coupled with the Valley West
PUD design standards should distinguish this development as a unique, smaller scale
development more appropriate for adjacent residential properties.
The preliminary plat application was reviewed concurrently with a recently approved
Master Site Plan, application 18355 (see Map Series). Subsequent development will
require individual site plan applications. The common lot will be required before or
concurrently with the first commercial lot development in order to provide parking, access
and drainage control. An access easement for parking and drainage is also provided within
commercial Lot 5 for the benefit of the other commercial lots.
The project will coordinate improvements with a Capital Improvement Project (CIP) within
the Cottonwood right-of-way planned for this year. Cash-in-lieu of infrastructure will be
paid prior to final plat for the local cost share of the street improvements including one
vehicular travel lane, curb and gutter, and sidewalk adjacent to the property boundary on
Cottonwood Road.
19049, Planning Board Staff Report – Valley West Square Subdivision PP Page 19 of 19
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and
City Commission public hearings. Per Article 38.40, 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. Additionally, notice of the project was published on the City of Bozeman website.
Content of the notice contained all elements required by Article 38.40, BMC.
No public comments have been received as of the writing of this report.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Kardar, LLC, 2001 Stadium Drive, Bozeman, MT 59715
Representative: C & H Engineering, 1091 Stoneridge Drive, Bozeman, MT 59718
Report By: Addi Jadin, Community Development
FISCAL EFFECTS
The development will generate the typical costs and revenues of commercial development.
Other than these items no unique fiscal effects or impact on budgeted items have been
determined.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials.