HomeMy WebLinkAbout12-02-19 City Commission Packet Materials - C6. Findings of Fact and Order for South University District Phase 3 Subdivision
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
SUBJECT: South University District Phase 3 Major Subdivision Findings of Fact and Order, Application 19090 MEETING DATE: December 2, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
South University District Phase 3 Major Subdivision Application 19090.
BACKGROUND: On October 21, 2019, the City Commission held a public hearing on an application for preliminary plat approval for the South University District Phase 3 Major
Subdivision.
The Commission voted 5:0 to approve the application subject to conditions and code provisions
to ensure the final plan would comply with all applicable regulations and all required criteria.
These findings of fact provide a record of the review and Commission action.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted. 2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal
services to the property. Impact fees will be collected at the time of issuance of building permits
for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order
Report compiled on: November 15, 2019
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the South
University District Phase 3 Major Subdivision 19090
Public Hearing Dates: Planning Board, October 1, 2019 at 7:00 pm in the City Commission
Room 121 N. Rouse Avenue, Bozeman, Montana
City Commission, October 21, 2019 at 6:00 pm in the City Commission Room 121 N.
Rouse Avenue, Bozeman, Montana
Project Description: A Major Subdivision Application to further subdivide the existing 74.87-
acre Lot 2 of the South University District, Phase 2 Minor Subdivision into ten lots and
rights of way for South 17th Avenue, State Street, Campus Boulevard and the east side of
South 19th Avenue.
Project Location: South University District Phase 3 Major Subdivision Located in the SW ¼ of
S13 & the NW ¼ of S24, T2S, R5E, P.M.M City of Bozeman Gallatin County, Montana
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Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
City 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 19090 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Action Date: October 21, 2019
Staff Contact: Brian Krueger, Development Review Manager
Anna Russell, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
The Planning Board held a public hearing on the application on October 1, 2019. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 6:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report.
In addition to the overall recommendation to approve the subdivision the Board made a motion
to modify the recommendation on the application for staff and the applicant to investigate as to
whether alternative bicycle infrastructure could be considered for this phase.
Street sections were specifically approved for the South University District (SUD) Master Plan.
The master plan was vetted through a public review process and approved by the City
Commission and is an entitlement that the property owner holds. The master plan has been
implemented through two phases and the Development Review Committee, including the
Engineering Division, relies upon the adopted street sections within that plan to review
development. The staff does not consider the approved street sections for the SUD as eligible for
modification with this application. The City must review this application for consistency and
conformance to the approved SUD master plan as part of the subdivision criteria. The proposed
subdivision design, including the street sections and bicycle infrastructure are in accordance with
the approved SUD master plan.
The SUD master plan will require an extension next year. Staff will work with the property
owners of the SUD during that process to determine whether alternative bicycle infrastructure
that is closer to current best practice may be instituted into the development at this stage of its
development cycle. The Director of Community Development is the authority for master plan
extensions. Below are two of the adopted street sections for the SUD that apply to this phase.
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SUD South 17th Local Plus 70’Section
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SUD Campus Boulevard Collector 90’ Section
Project Summary
This report is based on the application materials submitted and any public comment received to date.
The property owner and applicant made application to develop a Major Subdivision to further
subdivide the existing 74.87-acre Lot 2 of the South University District, Phase 2 Minor
Subdivision. The subdivision will create one lot for commercial development, three restricted development lots, four open space lots, two city park lots and dedicated rights-of-way within the boundaries of the South University District Master Plan. The property is zoned REMU,
Residential Emphasis Mixed Use and is currently used for agriculture.
The lot to be platted for commercial development is at the southeast corner of West Kagy
Boulevard and South 19th Avenue. The development will construct Campus Boulevard between the South 19th Avenue and Stucky Road intersection and its current terminus at South 14th Avenue. South 17th will be constructed from West Kagy Boulevard south to Campus Boulevard
and State Street will be constructed between South 19th Avenue and South 17th Avenue.
Parkland is being dedicated with this subdivision consistent with the South University District
Master Plan, but not improved at this time as there is no residential development proposed.
The three remaining lots are proposed as restricted development lots which will require further
subdivision review prior to development and infrastructure installation.
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The Development Review Committee determined the application adequate for continued review
on July 30, 2019.
The Planning Board held a public hearing on the application on October 1, 2019. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 6:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. One member of the public spoke at the hearing. The same member of the
public submitted the only written comment received to date in response to the public notice. The
oral comments at the meeting were similar to the written comment provided. In addition to the
overall recommendation to approve the subdivision the Board made a motion to modify the
recommendation on the application for staff and the applicant to investigate as to whether the
alternative bicycle infrastructure could be considered for this phase. See the discussion under
unresolved issues for a summary and response to that issue. The Planning Board proceedings
may be viewed here: https://media.avcaptureall.com/session.html?sessionid=4bc49f98-b105-
41e6-b82e-5c17f3352242&prefilter=654,3835
One public comment letter was received. It is attached to this report.
The public hearing date for the City Commission was October 21, 2019. The hearing was held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm. No public comment was received.
The City Commission met to consider the application for a preliminary plat to further subdivide
the existing 74.87-acre Lot 2 of the South University District, Phase 2 Minor Subdivision into
ten lots and rights of way for South 17th Avenue, State Street, Campus Boulevard and the east
side of South 19th Avenue.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date October 21,
2019:
https://www.bozeman.net/services/city-tv-and-streaming-audio
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
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4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 4
Alternatives ......................................................................................................................... 5
SECTION 1 - MAP SERIES .......................................................................................................... 7
SECTION 2 – REQUESTED VARIANCES ............................................................................... 12
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 14
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 18
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 18
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 18
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 21
Preliminary Plat Supplements ........................................................................................... 23
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 27
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 29
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 30
APPENDIX C – PROJECT BACKGROUND ............................................................................. 30
APPENDIX D - OWNER INFORMATION ................................................................................ 30
ATTACHMENTS ......................................................................................................................... 30
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SECTION 1 - MAP SERIES
Zoning classification
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Growth Policy Designation
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Current Land Use
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South University District Master Plan
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South University District Phase 3 Preliminary Plat
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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 preliminary plat application.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
2. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats
(24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all
required documents, including certification from the City Engineer that record drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates.
3. Lot 1 Block 2; Lot 1 Block 3, and Lot 1 Block 4 must be platted as undevelopable lots in
accordance with Section 38.270.030 BMC, with the following language placed on the
undevelopable lot of the final plat:
“Lot development subject to further subdivision review.”
No public improvements must be required for the undevelopable lot until it is subdivided
as a lot not subject to this restriction. This language must be placed on the conditions of
approval sheet of the final plat or in a separately executed document to be recorded with
the final plat:
“NOTICE IS HEREBY GIVEN to all potential purchasers of Lot 1 Block 2; Lot 1 Block
3, and Lot 1 Block 4 of the South University District Phase 3 Major Subdivision, City of
Bozeman, Gallatin County, Montana, that the final plat of the subdivision was approved
by the Bozeman City Commission without completion of on and off site improvements
required under the Bozeman Municipal Code, as is allowed in Chapter 38.270 of the
Bozeman Municipal Code. As such, this Restriction is filed with the final plat that
stipulates that any use of this lot is subject to further subdivision, and no development of
this lot must occur until all on and off site improvements are completed as required under
the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Permits will
not be issued for Lot 1 Block 2; Lot 1 Block 3, and Lot 1 Block 4 of the South
University District Phase 3 Major Subdivision, City of Bozeman, Gallatin County,
Montana, until all required on and off site improvements are completed and accepted by
the City of Bozeman. No building structure requiring water or sewer facilities shall be
utilized on this lot until this restriction is lifted. This restriction runs with the land and is
revocable only by further subdivision or the written consent of the City of Bozeman.”
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4. The final plat must contain the following notation on the conditions of approval sheet of the
final plat: “The responsibility for the maintenance of the stormwater facilities and associated landscaping in the open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include the
functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and any vegetative ground cover and landscaping on the open space lots. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping
and open space lots and stormwater facilities. The perimeter streets of this subdivision
include West Kagy Boulevard, South 19th Avenue, South 17th Avenue and Campus
Boulevard.”
5. Documentation of compliance with the parkland dedication requirements of Section 38.420, BMC must be provided with the final plat. A table showing the parkland requirements for the
subdivision and the method of meeting the parkland dedication must be included on the final
plat conditions of approval sheet. The table shall explicitly state how much parkland credit
was allocated for each lot within this phase. This table shall include but not be limited to listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands,
common open space, parking facilities) and the total area of each.
6. The final plat must provide all necessary utility easements and they must be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct location.
7. All stormwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance.
8. The subdivision improvements shown on the subdivision improvements plan, sheets, C1.0,
C1.1, C4.1 and C4.2. must be installed prior to final plat approval or guaranteed and installed within 1 year of final plat approval per BMC 38.270.030.B.
9. The applicant must pay the Meadow Creek Payback District Assessments for the parcel prior
to final plat approval.
10. If not already filed for the subject site, 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 South 19th Avenue including paving, curb/gutter, sidewalk, and
storm drainage
b. Street improvements to West Kagy Boulevard including paving, curb/gutter, sidewalk,
and storm drainage
c. Intersection improvements to West Kagy Boulevard and South 19th Avenue
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
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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 preliminary plat approval.
11. The applicant must obtain the necessary approvals from the Montana Department of Transportation (MDT) for all improvement within and impacts to the MDT system prior to
final plat approval.
12. The applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant final approval.
13. West Kagy Boulevard from South 19th Avenue to South 3rd Avenue must either be fully
constructed or cash-in-lieu of infrastructure for a proportionate share of the widening must be
paid per BMC 38.270.070.C prior to site plan approval on Lot 1, Block 1.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat. All references are to the Bozeman Municipal Code (BMC).
1. BMC 38.220.300 and 310. The POA documents must be finalized and recorded with the final
plat. The POA documents must include the requirements of Section 38.220.300 and 320.
2. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must specifically list all installed improvements and financially guaranteed improvements.
3. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land,
personal property, improvements and water rights; documents required.
(1) For the transfer of real property in satisfaction of required or offered dedications to the city, and required or offered donations or grants to the property owners' association (POA), the
subdivider or owner of the property must submit with the application for final plat a warranty
deed or other instrument acceptable to the city attorney transferring fee simple ownership to
the city or the POA.
(2) For the transfer of personal property installed upon dedicated parkland or city-owned open space, or POA-owned parkland or open space, the subdivider must provide the city an
instrument acceptable to the city attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements to the city or the POA.
(3) The subdivider or owner of the property must record the deed or instrument transferring
ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable.
(4) For the transfer of ownership interest in water, the subdivider or owner of the property must
submit with the application for final plat a deed or other instrument acceptable to the city
attorney transferring ownership to the city or POA, along with all required state department of
natural resources and conservation documentation, certification and authorization.
4. BMC 38.240.520 Where non-public improvements are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of non-public
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improvements. A certificate for all improvements related to the perimeter street and open space
lot landscaping and irrigation must be provided on the final plat.
5. BMC 38.240.530 When irrigation of public facilities are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of water-related
improvements. The certificate must list all completed and accepted improvements, including
but not limited to all irrigation system record drawings. The subdivision proposes irrigation of
public street frontage. This certificate must be provided on the final plat. 6. BMC 38.270.030.B.2.a and b. Completion of Improvements, Sidewalks.
a. The subdivider must install sidewalks adjacent to public lands, including but not limited to,
parks, open space, and the intersection of alleys and streets or street easements. Sidewalks in
these areas must be installed prior to final plat approval, or must be subject to an approved
improvements agreement and financially guaranteed.
b. Except as provided in subsection c. below, upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk
must, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless
of whether other improvements have been made upon the lot. This must be provided as a note
on the conditions of approval sheet of the final plat.
7. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the
lighting the Subdivision lighting SILD information shall be submitted to the Clerk of
Commission after Preliminary Plat approval in hard copy and digital form. The final plat
application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission.
8. BMC 38.410.060.D.1 Easements for agricultural water user facilities. 1. Except as noted in
subsection D.2 of this section, the developer must establish appropriate agricultural water user
facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of active open ditches or below ground pipelines. The easement must facilitate the delivery of water for irrigation to persons and lands
legally entitled to the water under an appropriated water right or permit of an irrigation district
or other private or public entity formed to provide for the use of the water right;
(1) The easements must ensure the conveyance of irrigation water through the land to be developed to lands adjacent to or beyond the development's boundaries in quantities and in a manner consistent with historic and legal rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation canals and
ditches.
b. Are a sufficient distance from the centerline of the agricultural water user facility to allow for construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass within the
agricultural water user facility easement without the written permission of the facility owner.
The conditions of approval sheet must provide this code language as it applies to the proposed
agricultural water user facility easements proposed on the plat.
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9. BMC 38.410.060.D.3 Easements for agricultural water user facilities. Agricultural water user
facility easements are required, a notice must also be recorded with a final plat or prior to final plan approval, stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works
are subject to Section 85-7-2211and 85-7-2212, MCA regarding duties and liability. The
notice must include language to assure the duties are binding upon all successors in interest
and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate
from a final plat but may be referenced on a final plat. The easements must be provided and
the applicable notations must be provided on the conditions of approval sheet of the final
plat.
10. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States Post Office must be identified with any future site development.
11. BMC 38.550.070. Perimeter street landscaping. 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 on perimeter streets and in and adjacent to public parks or other open space areas is required prior to final plat approval.
12. BMC 38.420.090 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 with annexation or prior development.
13. BMC 38.400.050. All streets shall be provided in accordance with the adopted growth policy and/or transportation plan. The arrangement, type, extent, width, grade and location of all
streets shall be considered in their relation to existing and planned streets, to topographical
conditions, to public convenience and safety, and to the proposed uses of the land to be
served by such streets.
The subdivision improvements shown on the subdivision improvements plan, sheets, C1.0, C1.1, C4.1, and C42 must be installed prior to final plat approval or guaranteed and installed
within 1 year of final plat approval per BMC 38.270.030.B.
Condition of approval 11 which requires an SID waiver is related to this issue.
14. BMC 38.400.050. The Transportation Master Plan identifies West Kagy Boulevard from South 19th Avenue to South 3rd Avenue as a recommended Major Street Network project. In order to receive future site plan approval on Lot 1, Block 1, West Kagy Boulevard from
South 19th Avenue to South 3rd Avenue must either be fully constructed or cash-in-lieu of
Infrastructure for a proportionate share of the widening has been paid.
Condition of approval 13 is related to this issue.
15. BMC 38.270.070.C. In order to utilize the cash-in-lieu of infrastructure option, available because the construction of West Kagy Boulevard is on the Capital Improvement Plan within
the next three years, the applicant must submit a request to pay cash-in-lieu of capital
facilities and receive approval prior to site plan approval.
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16. BMC 38.270.070.C.6. Include a portion of following based on total project frontage length in
the cash-in-lieu of infrastructure request: one travel lane, a bike lane, curb and gutter, a boulevard, and sidewalk. Provide the estimated costs to the Engineering Division for review. Estimates must be based on City bid prices.
17. BMC 38.410.060.D.3 Easements for agricultural water user facilities. The realignment
or relocation of active irrigation ditches or pipelines is discouraged. If an agricultural
water user facility or points of diversions thereon are proposed to be realigned or relocated, the developer's professional engineer must certify, prior to final plat or final plan approval, that the water entering and exiting the realigned or relocated agricultural
water user facility is the same quality and amount of water that entered or exited the
facility prior to realignment or relocation. This certification must be provided with the
final plat application. The applicant must obtain the approval of the Middle Creek Ditch Company for any alterations to the existing irrigation water conveyance system prior to final plat approval.
18. BMC 38.410.070. The developer shall install complete municipal water and sanitary
sewer system facilities, or a system allowed by 38.21.030.D, and may be required by the
city to install municipal storm sewer system facilities. These systems shall be installed in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan. The city's requirements
are contained in the Design Standards and Specifications Policy and the City of
Bozeman Modifications to Montana Public Works Standard Specifications, and by this
reference these standards are incorporated into and made a part of these regulations. The developer shall submit plans and specifications for the proposed facilities to the city and to the state department of environmental quality and shall obtain their approvals prior to
commencing construction of any municipal water, sanitary sewer or storm sewer system
facilities.
The proposed project is reliant on completion of an off-site sanitary sewer project to be constructed from the intersection of South 19th Avenue along Lincoln Street to the proposed connection point at Willow Way and West Kagy Boulevard. That offsite sanitary sewer
improvement must be complete prior to final plat approval.
19. BMC 38.410.080 Grading and Drainage. The developer shall install complete drainage
facilities in accordance with the requirements of the state department of environmental quality and the city, and shall conform to any applicable facilities plan and the terms of any approved site specific stormwater control plan. The city's requirements are
contained in the design standards and specifications policy and the city modifications to
state public works standard specifications, and by this reference these standards are
incorporated into and made a part of these regulations. The applicant must provide a stormwater maintenance plan prior to final plat approval. The applicant must also incorporate that stormwater maintenance plan in the property
owner’s association documents and demonstrate incorporation of the maintenance plan in
those documents prior to final plat approval.
20. BMC 38.410.130 Water Rights. A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned unit development, or subdivision and prior to an annexation of any land, one of the following must occur: 1. Payment must be made
to the city of a payment-in-lieu of water rights (CIL), calculated based on the annual
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demand for volume of water the development will require multiplied by the most current
annual unit price; or other option allowed by code. The applicant must contact the City Engineering Department for an analysis of CIL of water rights for the proposed project and pay any cash-in-lieu of water rights due prior
to final plat approval.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application was adequate for continued review on July 30, 2019.
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 October
1, 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 October 21, 2019. The hearing will be held in the
City Commission chamber, 121 N Rouse Avenue at 6 pm.
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 38.240.130.A.5.b, 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 2, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval
sheet must be included and updated with the required notations can be added as required by
conditions or code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. 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 3 and 4 of this report identify
conditions and code corrections necessary to meet all regulatory standards. Staff recommends
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conditions no. 2-5, 12, and code requirements 1-9 to address necessary documentation and
compliance with adopted standards. Therefore, upon satisfaction of all conditions and code
corrections the subdivision will comply with the local subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
A subdivision pre-application plan was reviewed by the City and the City issued comments on that
application on January 19, 2019.
The initial preliminary plat application was received on February 12, 2019 and was deemed
inadequate for further review on February 27, 2019. A revised application was submitted in March
2019. The City reviewed the application through the Development Review Committee and on
April 18, 2019 the application was deemed inadequate for review. Revised materials were received
on June 11, 2019 and the City deemed the revised materials acceptable for review. The
Development Review Committee reviewed the application materials and deemed the application
adequate for review on July 30, 2019. Public hearings were scheduled for October 1, 2019 and
October 21, 2019.
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 must
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 BMC 38.240.130 the city
commission shall approve, conditionally approve or deny the subdivision application by October
21, 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 and one public comment
has been received as of the issuance of this staff report.
The Planning Board held a public hearing on the application on October 1, 2019. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 6:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. One member of the public spoke at the hearing. The same member of the public
submitted the only written comment received to date in response to public notice. The oral
comments at the meeting were similar to the written comment provided in response to the notice.
In addition to the overall recommendation to approve the subdivision the Board made a motion to
modify the recommendation on the application for staff and the applicant to investigate as to
whether the alternative bicycle infrastructure could be considered for this phase. See the discussion
under unresolved issues for a summary and response to that issue. The Planning Board proceedings
may be viewed here: https://media.avcaptureall.com/session.html?sessionid=4bc49f98-b105-
41e6-b82e-5c17f3352242&prefilter=654,3835
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On October 10, 2019 this major subdivision staff report was completed and forwarded with a
recommendation for consideration by the City Commission.
The public hearing date for the City Commission was October 21, 2019. The hearing was held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm. No public comment was received.
The City Commission met to consider the application for a preliminary plat to further subdivide
the existing 74.87-acre Lot 2 of the South University District, Phase 2 Minor Subdivision into
ten lots and rights of way for South 17th Avenue, State Street, Campus Boulevard and the east
side of South 19th Avenue.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date October 21,
2019:
https://www.bozeman.net/services/city-tv-and-streaming-audio
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for consideration in
Sections 3 and 4.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 6 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways.
Ten foot front setback utility easements are depicted on the preliminary plat and are proposed to
be granted with the final plat in accordance with standards.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
The final plat will provide legal and physical access to each parcel within the subdivision. Streets
providing legal and physical access are proposed to be dedicated and constructed with this plat.
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West Kagy Boulevard, Campus Boulevard, and South 19th Avenue provide access to the proposed
subdivision. All of the proposed lots have frontage and physical access to a public street. The final
plat must contain a statement requiring lot accesses to be built to the standards contained in this
section, the city design standards and specifications policy, and the city modifications to state
public works standard specifications. Conditions 8, 10, 11, and 13 are related to this issue.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subdivision will not impact agriculture. The subject property is designated as a residential
emphasis mixed use according to the City of Bozeman Community Plan. The area is zoned for
mixed use development. The subdivision was anticipated in and is being developed according to
the approved master site plan for the South University District. The site is currently used for
agriculture during the summer months. The agricultural unit is not large enough to provide a
viable farm on this property.
2) The effect on Agricultural water user facilities
The subdivision will not impact agricultural water user facilities. Irrigation facilities exist on the
site proposed for subdivision. There is an existing lateral ditch on the south property line of the
South University District and another facility exists along the South 19th Avenue right of way.
The ditches convey irrigation water to downstream users and are maintained by the Middle
Creek Ditch Company. The ditch along South 19th Avenue will be piped along its current
alignment. Code provisions are required in order to provide adequate ditch maintenance areas
and notice to property owners of the agriculture water user facilities. Code provisions 8, 9, and
17 are related to this issue.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, of
South 19th Avenue, West Kagy Boulevard and Campus Boulevard. The subdivider proposes to
extend water and sewer mains in all new subdivision streets in accordance with city design
standards. The existing water system and downstream sanitary sewer mains have adequate
capacity to serve the subdivision. Transfer of water rights or cash in lieu of water rights must be
provided per code provision in order to provide a long term water supply for the project.
Condition of approval 8 is related to this issue.
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 development will construct Campus Boulevard between South 19th Avenue and
its current terminus at South 14th Avenue. South 17th will be constructed from West Kagy
Boulevard south to Campus Boulevard and State Street will be constructed between South 19th
Avenue and South 17th Avenue. The City will maintain these street following dedication and
construction. The certificate of dedication for the final plat will list specific duties for
maintenance.
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The Campus Boulevard right of way is proposed to be dedicated with this plat to provide a full
collector standard connecting South 19th Avenue/Stucky Road intersection to the Campus
Boulevard/South 11th Avenue intersection. The South 19th Avenue frontage is required to be
improved with this project. Special improvement district waivers are provided by the applicant
for future street and intersection improvements.
West Kagy Boulevard is to be reconstructed to current standards in 2024. The project is
identified as a major recommended project in the City’s Transportation Plan and is on the City’s
Capital Improvement Plan for year 2024. A conditional of approval requires that the street be
completed or a cash in lieu of infrastructure for the proportionate share for Lot 1, Block 1 be
provided prior to any site plan approval on that lot.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities.
Conditions of approval 4, 8, 9, 10, 11, and 13 are related to these findings. Code provisions 2, 6,
7, 11, 13, 14, 15, and 16 apply to these issues.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified.
Stormwater - The subdivision will construct storm water control facilities to conform to the
City’s design standards and municipal code. Multiple small stormwater facilities are proposed in
open space lots per requirements. Inspection of installed facilities prior to final plat will verify
that standards have been met. Maintenance of the storm water facilities is an obligation of the
property owners’ association. This responsibility is addressed in the covenants proposed with the
subdivision. Conditions 7, 8, and 10 ensures this will be satisfied according to standards with the
final plat.
Parklands - No parkland is required with this minor subdivision as no residential development is
proposed. To assure the orderly development of the South University District the application
proposes to dedicate, but no fully approve parkland with this subdivision. Two City park lots are
proposed that, when dedicated, complete the parkland area for the South University District in
accordance with the South University District Master Plan. Further subdivision review of the
restricted development lots will require parkland and street frontage improvements in order to
meet the required park dedication and improvement standards for the development of those lots.
The parks master plan was approved with the South University District Master Plan. The lots to
be dedicated with this subdivision are in accordance with that plan. Conditions of approval 5 is
related to this issue.
BMC 38.420.090 authorizes the City to require waivers of right to protest creation of park
maintenance districts. The new development will create two new parks with public access and
with future associated maintenance requirements. The residents will also be able to use other
public parks throughout the City. A park maintenance district facilitates maintenance in a manner
that is proportionate to demand. The state recently changed the laws regarding creation of special
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districts. A waiver recorded with the final plat will ensure that the waiver is correctly drafted to
meet state law requirements. Code provision 12 is related to this issue.
4) The effect on the Natural environment
The subdivision will not significantly impact the natural environment. The Mandeville creek and
associated wetlands that exist on this property will be reserved as City parkland. Minimal street
crossings of this natural feature are proposed in order to meet public safety and general welfare
standards. The ditches known as the Middle Creek ditches along the property boundaries will be
protected by being piped in certain locations and agricultural user facility easements and will not
be impacted. The applicant is actively working with impacted parties on this issue. Approval of
the ditch company is required prior to final plat approval per code provisions.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application proposed to irrigate parkland, open space or
other public lands landscaping with a well.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The site has been
substantially impacted by agriculture which has reduced wildlife habitat. There are no known
endangered or threatened species on the property. Birds and waterfowl and other small animals
utilize the Mandeville Creek corridor. The wetlands and watercourse will be protected as City
parkland will not be significantly impacted. Comment from state Montana Fish Wildlife and
Parks found no immediate negative effects.
6) The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact public health and safety. The intent of the regulations in Chapter 38 of
the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
subdivision has been reviewed by the DRC which has determined that it is in general compliance
with the title with conditions and code provisions. Any other conditions deemed necessary to
ensure compliance have been noted throughout this staff report. Condition of approval 1 requires
full compliance with all applicable code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann.
and as a result, the Department of Community Development has reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC in January 2019. With the
pre-application plan review application, waivers were requested from the materials required in
BMC 38.220.060 Additional Subdivision Preliminary Plat Supplements. Some items were not
waived and all required materials have been addressed.
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The following summary comments and findings are provided on the supplemental information
required with by BMC 38.220.060.
38.220.060.A.1 Surface Water
The subdivision will not significantly impact surface water. Mandeville Creek, and two laterals of the Middle Creek Ditch go through boundaries of this project. Wetlands exist in the proposed
parkland, as delineated with the South University District Master Plan and Phase 1 Minor
Subdivision. An updated delineation was performed in the Fall 2018. A Middle Creek Ditch
lateral within the South 19th Ave right-of-way on the west boundary of this project; this ditch
will be piped along its current alignment and connected to the existing piped inlet, approximately 500 feet south of West Kagy Boulevard. A 404 permit has been prepared and submitted for
approval. Perpetuating the two water courses in the park through the Campus Blvd right-of-way
will also require permitting. The realignment and culverted crossing of The Middle Creek Ditch
lateral within the park parcel will need to be realigned slightly and the ditch will be piped under
the proposed road. Mandeville Creek will also be piped under the Campus Blvd right-of-way; both of these crossings will require a 404 permit, in addition to a 310 permit. The permits for the
alteration concerning this work are in the process of review and approval.
38.220.060.A.2 Floodplains
The DRC waived this supplement. No mapped 100-year floodplains impact the subject property.
38.220.060.A.3 Groundwater
The subdivision will not significantly impact groundwater. The applicant provided groundwater
monitoring data that shows that high ground water is not an issue with this subdivision.
38.220.060.A.4 Geology, Soils and Slopes
The subdivision will not significantly impact the geology, soils or slopes. The soil constraints are
typical of Bozeman. There are no hazardous features associated with this soil types, however it is
recommended that a geotechnical engineer certify any foundation design prior to construction.
No significant cuts or fills are anticipate other than where Campus Boulevard will cross
Mandeville Creek where six feet of fill is required.
38.220.060.A.5 Vegetation
The DRC waived this supplement. The subdivision will not significantly impact vegetation. No
substantial native vegetation was identified on the to be developed lot. The Mandeville Creek
corridor and wetlands will not be significantly impacted. Other than the ditch and wetlands the area has been substantially disturbed by agriculture.
38.220.060.A.6 Wildlife
The DRC waived this supplement. The subdivision will not significantly impact wildlife. See
comments under primary subdivision criteria #5 above.
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38.220.060.A.7 Historical Features
The DRC waived this supplement. A previous cultural resources study done for the South
University District found that no notable features are on the site. 38.220.060.A.8 Agriculture
The DRC waived this supplement. The subdivision will not significantly impact agriculture. See
comments under primary subdivision criteria #1 above.
38.220.060.A.9 Agricultural Water User Facilities
The subdivision will not significantly impact agricultural water user facilities. There are two
agricultural water courses that will be affected by the subdivision improvements: both are
laterals of the Middle Creek Irrigation Ditch. The irrigation ditch located adjacent to the South
19th Avenue ROW is approximately 2-feet wide and 2-feet deep running north from the south
end of the property until approximately 500 feet south of West Kagy Boulevard, where the ditch is piped as it continues north. There is no plan to alter the alignment outside of its existing
easement. It is proposed to pipe the ditch along the property frontage. Access structures for
periodic maintenance will be installed at a spacing agreed to with Montana State University
(MSU). The second irrigation ditch is located within the park parcel and will need to be
realigned slightly and put through a culvert as it crosses the Campus Boulevard. The intent is to perpetuate the existing irrigation water through the property in an altered alignment to avoid the
proposed stormwater facilities located in the park lot. The applicant is working with Craig White
at the Middle Creek Ditch Company, E.J. Hooke at MSU, and Cheryl Boylan (water user)
concerning the proposed improvements to the two Middle Creek Ditch Laterals.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. See discussion
above under primary review criteria. The required design reports have been provided. Formal
plans and specifications will be prepared and reviewed after action on the preliminary plat.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. The required stormwater
design report was provided. See discussion above under primary review criteria. Permits from
the State for stormwater control will be required prior to any onsite construction.
38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. See discussion above under primary review
criteria. In addition to the dedicated and constructed streets in the subdivision, the applicant will
will dedicate new public street easements for South 17th Avenue from State Street to Arnold
Street. The proposed street sections are in accordance with the South University District Master Plan. South 17th Avenue is proposed to be a 47’-wide “local plus” street, which is a local street
plus bike lanes. State Street will be a local street with a 35’-ft width to better accommodate on-
street parking. Campus Boulevard is proposed to be a 48’-wide road including bike lanes.
Access to the proposed development will be through the aforementioned subdivision roads. The
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intersection and signal at South 19th Avenue and Campus Boulevard will be upgraded, and right-
in, right-out accesses are being proposed at the intersections of South 19th Avenue and State Street, and West Kagy Boulevard and South 17th Avenue, and West Kagy Boulevard and the mid-block access (South 18th Avenue). West Kagy Boulevard is planned to be improved in the
existing Capital Improvements Plan (CIP). South 19th Avenue is a principal arterial and a
Montana Department of Transportation (MDT) secondary highway. A portion of South 19th
Avenue will be widened to accommodate the new intersections. MDT approval will be required for improvements to South 19th Avenue. No alleys are proposed in this development. A traffic impact study was conducted for the proposed development and reviewed by the Engineering
Division.
38.220.060.A.13 Utilities
The subdivision will not significantly impact utilities. All private utilities servicing the subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area. Easements
will be provided per code requirements.
38.220.060.A.14 Educational Facilities
The DRC waived this supplement. No residential development is proposed in this phase of the subdivision.
38.220.060.A.15 Land Use
The DRC waived this supplement. The property is zoned REMU, Residential Emphasis Mixed
Use and is being developed consistent with the approved South University District Master Plan.
38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria. A master parks plan was included with the
South University District Master Plan. Phases 1 and 2 of the South University District
subdivisions have dedicated 14.05-acres of park. 15.87 acres of park are proposed to be dedicated with this subdivision. Park improvements will occur concurrent with the subsequent
subdivision and development of the restricted development lots in this subdivision.
38.220.060.A.17 Neighborhood Center Plan
The DRC waived this supplement. The Mandeville Creek South University District Park is the
neighborhood center for this district as approved in the South University District Master Plan.
38.220.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications. A Special Improvement Lighting District (SILD) will be created prior to final plat application. This area will be added to the existing South University
District SILD.
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38.220.060.A.19 Miscellaneous
The DRC waived this supplement. The subdivision will improve the access to public lands. No
know hazardous conditions exist on the property. The proposed subdivision is outside of the Wildland Urban Interface (WUI).
38.220.060.A.20 Affordable Housing
The subdivision does not meet the thresholds for requiring an affordable housing plan per BMC
38.380.030.A.1. This subdivision is a commercial subdivision. SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on October 21, 2019 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to the City prior to the public hearing.
D. The applicant, Stahly Engineering and Associates, acknowledged understanding and
agreement with the recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on October 21,
2019 and no members of the public offered testimony on the subdivision. F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 3 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
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H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single phased major subdivision shall be effective for two (2)
years from the date of the signed Findings of Fact and Order approval. At the end of this
period the City may, at the request of the subdivider, grant an extension to its approval by
the Community Development Director for a period of mutually agreed upon time. DATED this 2nd day of December, 2019.
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN City Attorney
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed
Use and PLI, Public Lands and Institutions.
The intent of the REMU District is to promote neighborhoods with supporting services that are
substantially dominated by housing. A diversity of residential housing types should be built on the
majority of any area within this category. Housing choice for a variety of households is desired
and can include attached and small detached single-household dwellings, apartments, and live-
work units. Residences should be included on the upper floors of buildings with ground floor
commercial uses. Variation in building massing, height, and other design characteristics should
contribute to a complete and interesting streetscape and may be larger than in the Residential
category. Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the
ground floor. All uses should complement existing and planned residential uses. Non-residential
uses are expected to be pedestrian oriented and emphasize the human scale with modulation as
needed in larger structures. Stand alone, large, non-residential uses are discouraged. Non-
residential spaces should provide an interesting pedestrian experience with quality urban design
for buildings, sites, and open spaces. This category is implemented at different scales. The details
of implementing standards will vary with the scale. The category is appropriate near commercial
centers and larger areas should have access on collector and arterial streets. Multi-household
higher density urban development is expected. 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.
Adopted Growth Policy Designation: The property is designated as Residential Emphasis Mixed
Use. The REMU land use designation category promotes neighborhoods with supporting services
that are substantially dominated by housing. A diversity of residential housing types should be
built on the majority of any area within this category. Housing choice for a variety of households
is desired and can include attached and small detached single-household dwellings, apartments,
and live-work units. Residences should be included on the upper floors of buildings with ground
floor commercial uses. Variation in building massing, height, and other design characteristics
should contribute to a complete and interesting streetscape and may be larger than in the
Residential category.
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground floor.
All uses should complement existing and planned residential uses. Non-residential uses are
expected to be pedestrian oriented and emphasize the human scale with modulation as needed in
larger structures. Standalone, large, non-residential uses are discouraged. Non-residential spaces
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should provide an interesting pedestrian experience with quality urban design for buildings, sites,
and open spaces.
This category is implemented at different scales. The details of implementing standards will vary
with the scale. The category is appropriate near commercial centers and larger areas should have
access on collector and arterial streets. Multi-household higher density urban development is
expected. Any development within this category should have a well-integrated transportation and
open space network that 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. BMC 38.220.420, 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 on September 13, 2019, and by legal advertisement publication in the Bozeman Daily
Chronicle on September 15 and 22, 2019. Content of the notice contained all elements required
by Article 38.220., BMC. One public comment letter was received, one member of the public
spoke at the Planning Board public hearing. The letter writer and the commenter were the same
individual.
APPENDIX C – PROJECT BACKGROUND
The South University District was formally annexed to the City of Bozeman in 2011. The City
Commission approved a zoning master plan for the entire district in 2012, which was later
modified on November 11, 2013. The approved master plan remains valid until November 11,
2019. Two phases of the subdivision have been previously subdivided and developed and include
group living developments for Montana State University students with both projects on the east
side of the South University District. Phase 3 is the first phase of the development on the west
side of the South University District.
APPENDIX D - OWNER INFORMATION
Owner/Applicant: RTR Holdings II, LLC 22 Turtle Rock Court, Tiburon CA 94920
Representatives: Stahly Engineering & Associates 851 Bridger Drive, Suite1, Bozeman MT
59715
Report By: Brian Krueger, Development Review Manager
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.
Public Comment: Dratz 9-27-19
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