HomeMy WebLinkAbout06-17-19 City Commission Packet Materials - A4. Lot 11 Gallatin Center Subsequent Minor Subdivision Preliminary PlatPage 1 of 14
17483, Staff Report for the Lot 11 Gallatin Center Minor Subdivision
Public Hearing Date: Planning Board, June 4 2019 at 6:00 pm in the City Commission Room
121 N. Rouse Avenue, Bozeman, Montana
City Commission, July 17, 2019 at 6:00 pm in the City Commission Room 121 N. Rouse
Avenue, Bozeman, Montana
Project Description: A development review application was submitted to the Department of
Community Development requesting a second or subsequent minor subdivision from a
tract of record (8.615 acres) to create two lots.
Project Location: The property is zoned B-2 (Community Business District). The property is
addressed as 3155 Cattail Street and is legally described as Lot 11, Phase 1, Gallatin
Center Subdivision & PUD Phase 4, situated in Northeast One-Quarter (NE ¼), Section
35, TIS, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code requirements
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 17483 and move to approve the subdivision with conditions
and subject to all applicable code provisions.
Report Date: May 31, 2019
Staff Contact: Danielle Garber, Assistant Planner
Griffin Nielsen, Development Review Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
1) None
Project Summary
The applicant, Gallatin TR LP is proposing to subdivide the 8.615-acre lot 11 in phase 1 of phase
4 of the Gallatin Center Subdivision into two commercially zoned lots. This subdivision is bound
on three sides by existing Gallatin Center Subdivision lots, Opportunity Subdivision is further to
the south and North 19th to the east. Lot 11A on the corner of Max Avenue and Cattail Street is
proposed to be 4.746 acres, and 11B to be 3.869 acres. Catron Creek runs along the west edge of
the proposed 11A. A 100-foot wide stream corridor reviewed and approved with the original
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subdivision will be maintained. No regulated activities are proposed in the watercourse setback
or delineated wetlands with this application.
All required right-of-way has been dedicated with the original subdivision. There are existing
utility easements within the proposed lots and along the perimeter. A public water line easement
containing an existing water main runs through lot 11B, and water and wastewater mains run
through the northern portion of both lots. Mutual access between the lots is maintained through
existing protective covenants. Cash-in-lieu of water rights for this subdivision will be deferred
until future development per Section 38.410.130.C.5.
The City of Bozeman Department of Community Development received a preliminary plat
application on October 04, 2017, requesting a second or subsequent minor subdivision. The
project was deemed inadequate for review and review halted until revised materials were
provided. Revised materials were submitted on November 13, 2018 and the application was
again deemed inadequate on December 19, 2018. Revised materials were received between
January and March. The application was deemed inadequate on March 7, 2019. Revised
materials were received between March and May. The application was deemed adequate on May
7, 2019 and review continued. The final decision for a second or subsequent minor subdivision
must be made within 60 working days of the date it was deemed adequate, or in this case, by July
6, 2019. The City Commission is scheduled to review the preliminary plat and make a decision at
their June 17, 2019 public hearing.
The Planning Board considered this project at their June 4, 2019 meeting and voted 8-0
unanimously to recommend approval. Board discussion centered around nearby transportation
infrastructure needs and regulatory timing with this project and future site development. A full
video of the board meeting can be viewed
here: https://media.avcaptureall.com/session.html?sessionid=9baabf69-49ea-47a5-bbc8-
396c63d1997b&prefilter=654,3835
Alternatives
1. Approval of the application with the recommended conditions;
2. Approval the application with modifications to the recommended conditions;
3. Denial of the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 6
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 7
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS ............................................ 8
SECTION 5 - STAFF ANALYSIS AND FINDINGS ................................................................... 8
Applicable Subdivision Review Criteria, Section 38.240.130, BMC................................. 8
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 10
Preliminary Plat Supplements ........................................................................................... 11
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 13
APPENDIX B – NOTICING AND PUBLIC COMMENT ........................................................ 14
APPENDIX C - OWNER INFORMATION ................................................................................ 14
FISCAL EFFECTS ....................................................................................................................... 14
ATTACHMENTS ......................................................................................................................... 14
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SECTION 1 - MAP SERIES
Figure 1 Vicinity and Zoning Map
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Figure 2 Growth Policy Map
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Figure 3 Preliminary Plat
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 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
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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.
3. 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.
4. 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.
5. Subdivision lighting SILD information shall be submitted to the Clerk of Commission
after Preliminary Plat approval in hard copy and digital form. The initial adoption of the
special improvement lighting district shall include the entire area of the preliminary plat.
At the time the SILD is created both lots 11A and 11B must be a part of the district.
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat.
1. The final plat must contain updated references to the newest version of the Unified
Development Code, Chapter 38 of the Bozeman Municipal Code, effective March 31,
2018. Specifically the water rights note should reference Section 38.410.130.
2. The final plat must contain updated dates.
3. Revise the Certificate of Exclusion from Montana DEQ Review to site the correct MCA
exclusion reference to be MCA 76-4-125(1)(d). The recently revised reference from the
last state legislative session cited on the plat does not go into effect until October 1, 2019.
4. Section 38.240.450 requires a certificate of completion of improvements. Certificate
must specifically list all installed improvements and financially guaranteed
improvements, specifically street lights along Cattail Street from North 19th to Max
Avenue.
5. Section 38.550.070. In accordance with the requirements of this section, installation by
the developer of vegetative ground cover, boulevard trees, and irrigation system in the
public right-of-way boulevard strips and adjacent to public parks or other open space
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areas is required prior to the final plat application of that phase. Applies to any
boulevard landscaping needing repaired or not already existing.
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and recommended
approval with conditions on May 7, 2019.
The Planning Board conducted a public hearing to review the preliminary plat and make a
recommendation to the City Commission on June 4, 2019 and voted 8-0 to recommend approval.
The public hearing date for the City Commission is June 17, 2019. The hearing will 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. As
noted in recommended Condition of Approval No. 2, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code.
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 04, 2017, requesting a second or subsequent minor subdivision. The project
was deemed inadequate for review and review halted until revised materials were provided.
Revised materials were submitted on November 13, 2018 and the application was again deemed
inadequate on December 19, 2018. Revised materials were received between January and March.
The application was deemed inadequate on March 7, 2019. Revised materials were received
between March and May. The application was deemed adequate on May 7, 2019 and public
hearings were scheduled.
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 shall
forward a recommendation to the City Commission who will make the final decision on the
applicant’s request.
The final decision for a second or subsequent minor subdivision preliminary plat must be made
within 60 working days of the date it was deemed adequate. Pursuant to Section
38.240.130.A.5.a(3), BMC, the City Commission shall approve, conditionally approve or deny the
subdivision application by June 17, 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.
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 provisions and
site specific requirements are included in this report for consideration in Sections 2 and 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.
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
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standard contained in this section, the city design standards and specifications policy, and the city
modifications to state public works standard specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as regional commercial and services according to the City of
Bozeman Community Plan. The area is zoned for commercial development and has largely
already been developed. The subdivision is entirely surround by urban conditions, this
subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities exist on the property. The area is zoned for commercial
development, and has developed in all directions.
3) The effect on Local services
Water/Sewer – Municipal water and sewer can be provided to this site. Adequate sewer and
water capacity exists to serve the development. Internal water and sewer mains already exist.
Cash-in-lieu of water rights is required to provide long-term water to the project. A note on page
1 of the plat notes that this payment has been deferred until future development occurs within
this subdivision. Water rights or cash-in-lieu of water rights must be provided prior to final site
plan approval or the issuance of any building permit.
Streets – The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat shows access from North 19th and Cattail Street, both existing
streets. The mutual access between lots is maintained by the Gallatin Center Covenants. A
deviation request to Engineering allowing an additional access across the Cattail St. no-access
strip was denied.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities. Condition 5 ensures that the SILD will be
formed and effective. The requirement for a single SILD will simplify long-term maintenance of
the streetlights and provide a cost that is more equitably shared. Code Requirement 4 requires the
street lights along Cattail Street to be installed or financially guaranteed prior to final plat.
Maintenance and use of public streets is subject to the terms of the municipal code.
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 prior to recording of the final plat.
Stormwater - The subdivision will utilize existing on-site stormwater collection systems. A
stormwater design report was provided and reviewed by the Engineering Division and a draft
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stormwater management plan was provided. A note on page 1 of the plat states that all on-site
stormwater infrastructure is to be maintained by the POA.
4) The effect on the Natural environment
Wetlands exist along the property boundary to the west, which are related to the adjacent creek.
The watercourse setback for this watercourse and wetland is contained in lot 11A and noted on
the plat. No regulated activities are proposed in these setbacks beyond existing improvements.
5) The effect on Wildlife and wildlife habitat
No known effects to wildlife or habitat have been provided. The proposed subdivision is in an
urban environment and FWP was not contacted since this requirement was waived during pre-
application review.
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.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on July 25, 2017. With
the pre-application plan review application, waivers were requested from the materials required
in Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some items
were not waived and all required material has been addressed.
Staff offers the following summary comments on the supplemental information required with
Article 38.220, BMC.
38.220.060.A.1 Surface Water
Surface waters on the property include the East Catron Creek, which runs along the west
property boundary. Mitigation and buffers to this watercourse and any associated wetlands were
reviewed and approved with the original subdivision. No impacts to surface waters are identified
with this application. Improvements to watercourse setback landscaping and rehabilitation will
be reviewed with subsequent development applications.
38.220.060.A.2 Floodplains
Material Waived. The hydrologic analysis completed in 1998 for waterways traversing the
Gallatin Center Subdivision was deemed acceptable and no new analysis was required. No
impacts to flood plains are identified.
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38.220.060.A.3 Groundwater
This requirement was reviewed by the Engineering Division. A letter certifying that the
groundwater depths were not of concern was provided by Madison Engineering with their
November 2018 re-submittal and this was found to be acceptable by City Engineers. This letter can be found in the project documents accompanying this report.
38.220.060.A.4 Geology, Soils and Slopes
No unusual geological features are present. A NRCS web soil survey conducted in 2017 is
provided with the application documents.
38.220.060.A.5 Vegetation
Material waived. The subdivision area is largely already developed and no impacts to vegetation identified.
38.220.060.A.6 Wildlife
Material waived. No critical wildlife species or habitat are known to be found on the property.
38.220.060.A.7 Historical Features
Material waived. No notable features are on the site.
38.220.060.A.8 Agriculture
Material waived. No agriculture resources present.
38.220.060.A.9 Agricultural Water User Facilities
Material waived. No agricultural water user facilities identified.
38.220.060.A.10 Water and Sewer
The proposed lots will be serviced by existing water and wastewater mains that run through the property. A water design report was reviewed by the Engineering Division and no issues identified.
38.220.060.A.11 Stormwater Management
A stormwater design report and draft maintenance plan were reviewed by the Engineering Division. This subdivision proposes to utilize existing facilities for drainage.
38.220.060.A.12 Streets, Roads and Alleys
See discussion above under primary review criteria.
38.220.060.A.13 Utilities
All private utilities servicing the subdivision already exist or will be reviewed during subsequent development. See discussion above under primary review criteria regarding extension of water
and sewer. All private utilities are available in the area.
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38.220.060.A.14 Educational Facilities
Material waived. This is a commercial development.
38.220.060.A.15 Land Use
Material waived. The use proposed is exclusively commercial which conforms to the future land use designation and zoning purposes.
38.220.060.A.16 Parks and Recreation Facilities
Material waived. This is a commercial development.
38.220.060.A.17 Neighborhood Center Plan
Material waived. This is a commercial development.
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
38.220.060.A.19 Miscellaneous
Material waived. No additional impacts or hazards anticipated.
38.220060.A.20 Affordable Housing
Material waived. This is a commercial development.
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned B-2 (Community Business
District). The intent of the B-2 community business district is to provide for a broad range of
mutually supportive retail and service functions located in clustered areas bordered on one or
more sides by limited access arterial streets. Multi-household dwellings, townhouses, and
apartments are allowed as a secondary use due to their complementary nature and ability to
enhance the walkability of these districts. Design standards emphasizing pedestrian oriented
design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes, and/or areas served by transit.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Regional Commercial and Services.”
Bozeman is a retail, education, health services, public administration, and tourism hub and
provides opportunities for these activities for a multi-county region. Often the scale of these
services is larger than would be required for Bozeman alone. Because of the draw from outside
Bozeman, it is necessary that these types of facilities be located in proximity to significant
transportation routes. Since these are large and prominent facilities within the community and
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region, it is appropriate that design guidelines be established to ensure compatibility with the
remainder of the community. Opportunity for a mix of uses which encourages a robust and broad
activity level is to be provided. Residential space should not be a primary use and should only be
included as an accessory use above the first floor. Any development within this category should
have a well integrated transportation and open space network which encourages pedestrian
activity, and provides ready access within and to adjacent development.
APPENDIX B – 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 public comment has been received.
APPENDIX C - OWNER INFORMATION
Owner: Gallatin TR LP, 2501 N Josey Ln Str 120, Carrollton, TX 75006-1600
Applicant: Same as owner
Representative: Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718
FISCAL EFFECTS
The development will generate the typical costs and revenues of commercial development.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Documents & Appendices
Application Plans
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Agency Letters
The attached letter was addressed to each of the following agencies and sent on August 10, 2017 in
order to solicit comments regarding the development of the Lot 11 Gallatin Center Subdivision. A copy
of all responses received is included.
Streamline
32 S Tracy
Bozeman, MT 59715
George Durkin
Gallatin County Road and Bridge Dpt
205 Baxter Lane West
Bozeman, MT 59715
Brian Gootkin, Sheriff
Gallatin County Sheriff’s Department
615 S 16th Ave
Bozeman, MT 59715
USPS
5711 Baxter Lane
Bozeman, MT 59718
CenturyLink
502 S 19th Ave
Bozeman, MT 59718
Charter Communications
511 W Mendenhall
Bozeman, MT 59715
Med Trans Montana
2101 Industrial Drive
Bozeman, MT 59715
Harry Kirshenbaum
Republic Services of Montana
PO Box 10730
Bozeman, MT 59719
Northwestern Energy
PO Box 490
Bozeman, MT 59715
Bozeman Fire Department
34 N Rouse Ave
Bozeman, MT 59715
Bozeman Deaconess Hospital
915 Highland Blvd
Bozeman, MT 59715
Northwestern Energy
121 E Griffin Dr
Bozeman, MT 59715
DNRC Water Resources
2273 Boot Hill Court, Suite 110
Bozeman, MT 59715
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Lot 11 Gallatin Center Subdivision
Driveway Approach Separation Deviation Request
Page 1 of 2
LOT 11 GALLATIN CENTER SUBDIVISION
DRIVEWAY APPROACH SEPARATION DEVIATION REQUEST
Gallatin TR proposes to subdivide Lot 11 of the Gallatin Center on N 19th Ave into two lots, Lot
11A and Lot 11B. The future Lot 11B is the home of the existing Bed, Bath, and Beyond, and
the City Brew building. Access into Lot 11 is currently available through N 19th Ave to the east
of the lot and Cattail Street to the south of the lot. Madison Engineering proposed an additional
access drive to the west of the existing driveway on Cattail.
This additional access is proposed to give delivery trucks an alternate route to exit the site after
delivery that does not require them to drive along the storefront, where pedestrians tend to be in
high volume going from their car to the store. Delivery trucks coming into the lot to deliver
goods will drive from west to east and turn into the back delivery drive between Lot 11 and Lot
10 to the north. This back delivery drive access is one-way. When they reach the end of the
delivery drive to the west, they will turn south on the western side of the future building to exit
the lot. To reduce mingling of pedestrians, customer vehicles, and delivery trucks, the second
access is proposed so the delivery trucks can exit essentially straight to the south. This second
access does not meet the full access separation requirements set forth in Bozeman Municipal.
Therefore we are requesting a deviation from Section UDC 38.24.090.D.3 – Minimum
Separation of the Unified Development Code.
Below is the criteria outlined by the City for consideration of the deviation request, followed by
our response to each item.
UDC 38.24.090.H Commercial developments (including residential complexes for five or
more households) which may not be able to meet the requirements of subsections C through E of
this section, and are requesting modifications from the standards, shall submit to the city
engineer a report certified by a professional engineer addressing the following site conditions,
both present and future:
a. Traffic volumes;
Response: Based on information outlined in the Institute for Traffic Engineers’ (ITE)
Trip Generation Manual (9th edition) it is estimated that each 1,000 sf of a General
Store will generate approximately 1.87 trips per Peak Hour. Based on the
assumed future 43,260 sf facility this equates to approximately 81 peak hour trips.
It is expected however for much of this traffic to enter/exit through the two other
existing driveways on Cattail St and N 19th Ave.
b. Turning movements;
Response: The driveway is designed for full turning movements.
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Lot 11 Gallatin Center Subdivision
Driveway Approach Separation Deviation Request
Page 2 of 2
c. Traffic controls;
Response: A stop sign is proposed on the exit side of the driveway onto Cattail Street.
d. Site design;
Response: The proposed drive access was included in the original master site plan for
the purpose of delivery truck traffic. The proposed drive has limited flexibility
due to little distance from Max Ave, the no-access strip, and the existing driveway
into Lot 11 to the east. The existing locations of the buildings on future Lot 11B
and on Lot 10 support the need for the future buildings on Lot 11A to be where
they are shown on the site plan. This means that the delivery trucks will be
required to travel on the path shown in the exhibit attached to this deviation,
which is also the most efficient and safe path for the trucks to drive. This
proposed access will allow delivery trucks to avoid driving along the future
storefront, where many pedestrians will likely be.
e. Sight distances;
Response: Site distance is unobstructed in all directions on Cattail Street.
f. Location and alignment of other access points.
Response: There are no other practical options available if pedestrian and delivery
truck mingling along the storefront is to be avoided. The existing access to the
east on Cattail Street is angled toward the east, which would disallow delivery
truck drivers to exit there unless they first went along the storefront.
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Gallatin Center Lot 11 Subdivision
Response to Pre-Application Comments
PLANNING COMMENTS
1. Waivers to the supplemental information under 38.41.060, BMC are
recommended to be granted with this pre-application plan review as described in
the pre-application plan for: 5) vegetation, 6) wildlife, 7) historical features, 8)
agriculture, 9) agricultural water user facilities, 13) utilities, 14) educational
facilities, 15) land use, 16) parks and recreation facilities, 17) neighborhood
center plan, 18) lighting plan, 19) miscellaneous, and 20) affordable housing.
Response: Waivers noted.
2. Waivers to the supplemental information under 38.41.060, BMC recommended to
not be granted include 1) surface water; 2) floodplains; 3) groundwater; 4)
geology, soils, slopes; 10) water & sewer; 11) stormwater management (if a
detention pond is intended to be constructed with a future site plan application);
and 12) streets, roads and alleys. All applicable information related to the above
and listed in 38.41.060 BMC for review are required with the preliminary plat
application.
Updated information may only require a brief one-paragraph summary review of
each of the items listed in Section 38.41.060, BMC, regardless of whether or not
the information has been waived. This will assist the City Commission in their
review of the application
Please make sure to address all other applicable supplemental information as set
forth in Section 38.41.060, BMC, which has not been waived.
Response: Required supplemental information noted. The required
supplemental information can be found in Section 5 of the preliminary plat
application.
3. Please provide documentation to support any released portions of easements.
Response: There are no proposed release of easements at this time.
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ENGINEERING COMMENTS
1. The requested waiver for Water and Sewer is not granted. At a minimum, the
applicant must submit the original subdivision report for water and sewer and
adjust the assumptions in the report to reflect current plans. The adjusted report
must be submitted with the preliminary plat application.
Response: The sewer and water reports describing these systems that serve Lot
11 were written by Allied in 2002. These reports were searched for both by the
City of Bozeman and Allied Engineering, and neither report could be found.
New sanitary Sewer and Water design reports are included in Section 10.A. of
this submittal, where a letter from the city confirming sanitary sewer capacity
is also included.
2. The applicant must submit the anticipated peak-hour sanitary sewer demand for
the proposed subdivision with the preliminary plat submittal, and the City
Engineering Department will review downstream sanitary sewer capacity upon
submittal of the preliminary plat.
Response: A sanitary sewer design report is included in Section 10.A. of this
submittal. A copy of an email from the City Engineer, Shawn Kohtz,
confirming capacity is included in Section 10.A.
3. The requested waiver for Streets, Roads, and Alleys is not granted. The applicant
must submit a copy of the original subdivision traffic impact study with the
preliminary plat application. That traffic impact study may be required to be
updated upon future site plan application for development on Lot 11A.
Response: No new streets are proposed as part of this project. Shawn Kohtz
with the City of Bozeman is not requiring a traffic impact study to be
submitted. The original traffic impact study (TIS) for Gallatin Center is a
very large document and because of this, Kohtz approved this original TIS not
needing to be included in this application. It can be referenced in the City of
Bozeman archives.
4. The proposed driveway onto Cattail Street does not meet drive access spacing
requirements per Bozeman Municipal Code (BMC) 38.24.090.D.3. Additionally,
there is a no-access strip along Cattail Street at the proposed drive access. Traffic
from Lot 11A must use existing drive accesses. A new access will not be allowed
onto Cattail Street.
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Response: A deviation permit is included with this submittal. An additional
access is proposed where an existing no-access strip ends east of Max Ave on
the lot’s frontage to Cattail St. This access is proposed in an effort to improve
pedestrian safety by directing large delivery vehicles around the perimeter of
the parking lot opposed to directly in front of the building. Section 10.G.
includes a deviation request for this drive access onto Cattail, including an
exhibit showing the truck routes.
5. Unless a building restriction is filed with Lot 11A, the applicant must construct
street lights along Cattail Street adjacent to the subdivision boundary at the
spacing and per the standards defined in the City of Bozeman Design Standards
and Specifications Policy prior to final plat approval.
Response: The applicant acknowledges this condition. Street lights along
Cattail Street adjacent to the subdivision will be constructed at the spacing
and per the standards defined in the City of Bozeman Design Standards and
Specifications Policy prior to the final plat approval.
6. A shared access and drainage easement exists for Lots 11A and 11B. However,
the applicant must either demonstrate or provide a shared access easement for the
northern shared drive access between Lot 10 and Lot 11.
Response: There already exists a shared access easement for the northern
shared drive access between Lot 10 and Lot 11. This can be found in the
recorded Declaration of Protective Covenants, Conditions, and Restrictions for
The Gallatin Center, Article XI: Easements, 11.1 (pg 18) in Section 6 of this
application.
7. If not already filed with the original subdivision, 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 Cattail Street including paving, curb/gutter,
sidewalk, and storm drainage
b. Street improvements to Max Avenue including paving, curb/gutter,
sidewalk, and storm drainage
c. Street improvements to N. 27th Avenue/Thomas Drive including paving,
curb/gutter, sidewalk, and storm drainage
d. Street improvements to N. 19th Avenue including paving, curb/gutter,
sidewalk, and storm drainage
e. Intersection improvements to N. 27th Avenue/Thomas Drive and Cattail
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Street
f. Intersection improvements to Cattail Street and N. 19th Avenue
g. Intersection improvements to Max Avenue and Cattail 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.
Response: Draft Executed Waivers of Right to Protest Creation of Special
Improvement Districts can be found in Section 10.B. of the preliminary plat
application. Upon review and approval by City of Bozeman, the documents
will be signed and recorded.
8. The applicant must contact the City Floodplain Coordinator (Brian Heaston) and
review any requirements for a flood hazard analysis for the stream adjacent to Lot
11A.
Response: Brian Heaston was contacted and does not require a flood hazard
analysis for East Catron Creek that flows adjacent to Lot 11A.
9. The applicant is advised that the proposed project falls within the Bozeman
Solvent Site boundary. The property is underlain by an aquifer contaminated with
perchloroethylene (PCE). No irrigation wells may be installed on this property.
Response: The applicant acknowledges that the project falls within the
Bozeman Solvent Site boundary. No irrigation wells will be installed on this
property.
STANDARD CODE PROVISIONS
The preliminary plat must comply with the standards identified and referenced in the
Unified Development Code. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a deviation or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law. The following requirements are standards of the Unified Development
Code and the Bozeman Municipal Code (BMC) and must be addressed with the
preliminary plat application:
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1. The preliminary plat must conform to all requirements of the Bozeman Municipal
Code and the Uniform Standards for Subdivision Plats (Uniform Standards for
Certificates of Survey (COS) and Subdivision Plats (24.183.1104 ARM).
Response: The applicant acknowledges this condition. The preliminary plat will
conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats and Subdivision Plats.
2. Section 38.41.050.A.8, BMC “Noxious Weed Management and Revegetation Plan” –
Please include in the supplemental information clarification that the control of noxious
weeds will apply to all areas of the subject property, including those lands not included
with the pre-application plan review. Control of noxious weeds should be coordinated
with the County Weed Control office and shall be updated with a new noxious weed
management and revegetation plan.
Response: An approved Noxious Weed Management and Revegetation Plan is
included in Section 7 in the application. All parts of the property have been
included in the pre-application plan review. The applicant acknowledges control
of noxious weeds to be coordinated with the County Weed Control office.
3. Section 38.23.060, Utility easements must be provided in accordance with the UDC.
The required 10-foot front yard easement is required for all lots unless written
confirmation is submitted with the preliminary plat from ALL utility companies
providing service indicating that front yard easements are not needed. All easements
must be described, dimensioned and shown on the final plat in their true and correct
location.
Response: The preliminary plat that is included in Section 9 of this application
show an existing 12’ wide public utility easement on the west side of Lot 11 along
Max Ave; an existing 12’ wide utility easement along Cattail Street; and, an
existing 25’ wide public utility easement.
4. Section 38.23.080.G Finish Grade. All finish grades in landscaped areas must comply
with the provisions set forth in Section 38.26.050.L.
Response: The applicant acknowledges this condition. All finish grades in
landscaped areas will comply with the provisions set forth in Section 38.26.050.L.
5. Section 38.23.080.H Landscape Amenities. Stormwater retention/detention facilities
in landscaped areas shall be designed as landscape amenities. They shall be an organic
feature with a natural, curvilinear shape. The facilities shall have 75 percent of surface
area covered with live vegetation appropriate for the depth and design of the
retention/detention facility, and be lined with native grasses, indigenous plants, wet
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root tolerant plant types and groupings of boulders to create a functional yet, natural
site feature. A visual inspection notes that some of the stormwater facilities do not
comply with this section including the 25% maximum slope.
Response: The existing stormwater facility on this lot is a sedimentation/overflow
pond for the stormwater as it travels from Lot 11 to the existing detention pond
on Lot 10 (southwest corner of Max Ave and Burke Street. This on-site pond will
be reconstructed to meet the requirements.
6. Section 38.27.090 Waiver of Park Maintenance District. Executed waivers of right to
protest the creation of special improvement districts (SIDs) for a park maintenance
district will be required to be filed and of record with the Gallatin County Clerk and
Recorder, unless already filed.
Response: There is no parkland required as this is a commercial development.
7. Section 38.39.030 Completion of Improvements. If it is the developer’s intent to file
the plat prior to the completion of all required improvements, an Improvements
Agreement must be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the preliminary plat submittal
information and conditions of approval. If the final plat is filed prior to the installation
of all improvements, the developer must supply the City of Bozeman with an
acceptable method of security equal to 150 percent of the cost of the remaining
improvements.
Response: The applicant acknowledges this condition.
8. Section 38.41.050.A.8 requires that any noxious weeds be identified and mapped by
a person with experience in weed management and knowledgeable in weed
identification. A noxious weed management and revegetation plan, approved by the
County Weed Control District, must be submitted with the preliminary plat.
Response: An approved noxious weed management and revegetation plan is
included in Section 7.A.
9. Article 6. The certificates listed in Section 38.06.020 through 38.06.110 must be
shown on plat and certificates of survey, as appropriate.
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Response: The applicant acknowledges this condition.
10. Article 41. All preliminary plat requirements, as outlined in Article 41, must be
provided with the preliminary plat submittal, unless otherwise approved by the
Development Review Committee via waiver.
Response: The applicant acknowledges this condition. All preliminary plat
requirements outlined in Article 41 are provided in this preliminary plat
submittal.
11. A complete preliminary plat application must be submitted to the Community
Development Department within one calendar year of the date the Community
Development Department dates, signs and places pre-application comments in the
outgoing mail.
Response: The applicant acknowledges this condition.
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Gallatin Center Lot 11 Preliminary Plat Supplemental Information Narrative
1
Gallatin Center Lot 11 Subdivision
Preliminary Plat Supplemental Information
Sec. 38.41.060., BMC
1. Surface Water
2. Floodplain
3. Groundwater
4. Geology, Soils, and Slope
5. Vegetation - waived
6. Wildlife - waived
7. Historical Features - waived
8. Agriculture - waived
9. Agriculture Water User Facilities - waived
10. Water and Sewer
11. Stormwater Management
12. Streets, Roads and Alleys
13. Utilities - waived
14. Educational Facilities - waived
15. Land Use - waived
16. Parks and Recreation Facilities - waived
17. Neighborhood Center Plan - waived
18. Lighting Plan - waived
19. Miscellaneous - waived
20. Affordable Housing - waived
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Gallatin Center Lot 11 Preliminary Plat Supplemental Information Narrative
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Introduction
The proposed subdivision of the existing 8.615 acre lot is to create two (2) new lots: Lot11A and
Lot11B. The underground utilities are in place for this development, including water and sewer
infrastructure. East Catron Creek flows through the site on the west side, which has been
mitigated for and will not be disturbed during the subdivision of Lot 11.
The proposed Lot 11A is vacant, although has been slightly disturbed by the adjacent lots’
development and storm infrastructure.
1. Surface Water
East Catron Creek flows through the west side of the property and runs south-north. Because
this lot was included in the original subdivision of the Gallatin Center, this portion of East
Catron Creek has been fully mitigated, including a 50’ wide stream setback to the east of East
Catron and a 21’ wide setback to the west of East Catron.
2. Floodplain
Brian Heaston with the City of Bozeman was contacted and requires no additional floodplain
analysis for this project as the original subdivision of Gallatin Center included the analysis of
East Catron Creek.
3. Groundwater
The test pit logs on and near Lot 11 from the original Gallatin Center Subdivision’s geotechnical
report are included in Section 10.C. of this application, along with a map of the test pit locations.
The test pits reveal no groundwater to depths of 7’ (TP-18), 4’ (TP-19), and 9’ (TP-20).
Additionally included is the groundwater monitoring of the nearby Opportunity Subdivision to
the south, across Cattail St. Groundwater was monitored on this site from January 2015 to
November of 2016 using eight (8) monitoring wells, the locations and depths of which are shown
in Section 10.C. Per these monitoring results, the groundwater never came within less than 3.72
feet of the surface, with an average depth of 5.43 feet.
A contaminated aquifer, known as the Solvent Site, underlies the proposed development. The
aquifer is contaminated with tetrachloroethylene (PCE). No irrigation wells will be allowed
to support irrigation at the site, and the City water supply must be used for irrigation water to
prevent further spread of contamination and public exposure to contaminants. Additionally,
this site will be served by a central sewer and water main that will connect to the City of
Bozeman, which will minimize the potential for further groundwater contamination.
Channeling storm-water flows into detention basins will limit discharges to pre-development
rates and will control surface water runoff. These basins will reduce the amount of sediments
and contaminants within the surface runoff and also reduce potential for contamination of
downstream aquifers.
4. Geology, Soils and Slope
There are no known geologic hazards, areas of instability, or unusual soil, topographic or
geologic conditions present on site. The site topography slopes at an approximate 1.2% in a
northern direction. Proposed lot grades will not exceed 3% and slope work will not exceed a
4:1 horizontal:vertical ratio. The following NRCS soils mapping data is included in Section
10.D of this application:
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Gallatin Center Lot 11 Preliminary Plat Supplemental Information Narrative
3
- Soils Map
- Physical Properties
- Engineering Properties
- Soil Limitations for Dwellings and Small Commercial Buildings
- Soil Limitation for Roads and Streets, Shallow Excavations, Lawns, and
Landscaping
- Water Features
- Hydric Soils
5. Vegetation - waived
This section has been waived.
6. Wildlife - waived
This section has been waived.
7. Historical Features - waived
This section has been waived.
8. Agriculture - waived
This section has been waived.
9. Agriculture Water User Facilities - waived
This section has been waived.
10. Water and Sewer
The proposed lot will be serviced by the existing City of Bozeman sanitary sewer and water main
that runs through the utility easement between Lot 11 and the adjacent Lot 10 to the north. The
stubbed water and sewer services will be extended into the future buildings when constructed. A
water design report is contained in Section 10.E. of this application. Section 10.E. also contains a
sewer report that calculates a peak flow, which was given to the City of Bozeman for them to
confirm capacity. This confirmation correspondence is also included in Section 10.E.
11. Stormwater Management
On-site stormwater runoff will be managed utilizing the existing stormwater collection system.
All runoff will flow into an existing curb inlet at the northwest corner of the parking lot, from
where it will flow north into the existing stormwater detention pond on the southwest corner of
Max Ave and Burke Street. A stormwater design report is included in Section 10.F. of this
application.
12. Streets, Roads and Alleys
All lots will meet the minimum lot size and as well as minimum street frontage. Access to the
new lot will be from an existing access on N 19th to the east as well as from an existing access on
Cattail Ave, and one additional access on Cattail Ave.
An additional access is proposed where an existing no-access strip ends east of Max Ave on the
lot’s frontage to Cattail St. This access is proposed in an effort to improve pedestrian safety by
directing large delivery vehicles around the perimeter of the parking lot as opposed to in front of
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Gallatin Center Lot 11 Preliminary Plat Supplemental Information Narrative
4
the building. This deviation is included in Section 10.G. along with a site plan showing truck
movement.
No new streets are proposed as part of this project. A traffic impact study was not required with
the pre-application comments. The original traffic impact study for Gallatin Center may be
referenced, which due to its large size we have been allowed to not include it in this application.
It may be referenced in the City of Bozeman report archives.
13. Utilities - waived
This section has been waived.
14. Educational Facilities - waived
This section has been waived.
15. Land Use - waived
This section has been waived.
16. Parks and Recreation Facilities - waived
This section has been waived.
17. Neighborhood Center Plan - waived
This section has been waived.
18. Lighting Plan - waived
This section has been waived.
19. Miscellaneous - waived
This section has been waived.
20. Affordable Housing - waived
This section has been waived.
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EXHIBIT 1MADISON ENGINEERING
895 TECHNOLOGY BLVD, SUITE 203
BOZEMAN, MT 59718
PHONE (406) 586-0262 FAX (406) 586-5740
GALLATIN CENTER LOT 11
USGS LOCATION MAP
BOZEMAN, MT
-NOT TO SCALE-
1" =
0
SCALE
500'
1000250500
490
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494
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P.O.BMAX AVENUE
60' R/W
CATTAIL STREET90' R/WN 90°00'00" E24.27'L = 60.17'R = 345.00'D = 9°59'35"CH BRG = N 85°21'03" WCH LENGTH = 60.10'L = 48.88'R = 255.00'D = 10°58'58"CH BRG = N 85°42'08" WCH LENGTH = 48.80'PROJECTLOCATIONSHEETMADISON ENGINEERING
895 TECHNOLOGY BLVD. STE. 203
BOZEMAN, MT 59718
(406) 586-0262 (406) 586-5740 FAXROADWAY GALLATIN CENTER LOT 11
MINOR SUBDIVISION
BOZEMAN, MTGC LOT 11CONCEPT PLAN 1" =0SCALE40'802040DATUMLEGEND1 OF 1506