HomeMy WebLinkAbout21430_Saccoccia_PP_FOF_CC_staff_rptCity Commission Finding of Fact and Order Staff Report for Saccoccia Minor Subsequent Subdivision Preliminary Plat; 21430 Page 1 of 27
City Commission Finding of Fact and Order Staff Report for the Saccocia Minor Subsequent
Subdivision Preliminary Plat; Application No. 21430
Public Meeting Date: City Commission, February 28, 2023 at 6:00 pm in the City Hall Commission Room as well as remotely using an online videoconferencing system. Please see the Commission agenda for instructions.
Project Description: This is a minor subsequent subdivision Preliminary Plat for the “Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407”. This subdivision of the existing 5.53-acre Lot 2A is to create two commercial buildable lots consisting of a 3.49-acre Lot 2A1 and a 2.04-acre Lot 2A2 lying within the B-2, Community Business zoning district within the Saccoccia/Lowe’s Planned Unit Development (PUD). The existing Lot 2A has an approved site plan for a hotel development, Project No. 19394, for a Home 2 Home hotel. This hotel site plan did not use any of the proposed Lot 2A2 land and, therefore, the current owner/Applicant seeks to separate that unused portion of the larger Lot 2A to create two new buildable commercial lots.
Project Legal Description: Preliminary Plat of the Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 located in the NE ¼ of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Project Location: South of Baxter Lane, west of Sacco Drive, east of the southernmost terminus of Simmental Way and north of Tschache Lane.
City Commission Action: On February 7, 2023, the City Commission, after having reviewed the application materials, public comment and all the information presented, by a 4 to 0 unanimous vote, adopted the findings presented in the staff report for application 21430 and approved the Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 with conditions and subject to all applicable code provisions. Report Date: February 10, 2023
Staff Contact: Susana Montana, Senior Planner Karl Johnson, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 2 of 27
EXECUTIVE SUMMARY
Unresolved Issues None.
Project Summary This report is based on the November 23, 2021 revised plat maps and the December 2, 2022 revised application materials and any public comment received to date. The property owner/Applicant submitted a minor subsequent subdivision preliminary plat application to subdivide the 5.53-acre Lot 2A to create two commercial buildable lots consisting of a 3.49-acre Lot 2A1 and a 2.04-acre Lot 2A2. The existing Lot 2A has an approved site plan for a hotel development, Project No. 19394 for a Home-2-Home hotel. This hotel site plan did not use the proposed Lot 2A2 land and, therefore, the Applicant seeks to separate that portion of the larger Lot 2 to create a new buildable lot. The property is zoned B-2, Community Business and Saccoccia/Lowes PUD. Pursuant to the Bozeman Municipal Code (BMC) Section 38.240.130.A.5.a.(3), the final decision for a subsequent minor subdivision preliminary plat must be made within 60 working days of the date it was deemed adequate for further review. The Development Review Committee (DRC) deemed the application adequate for continued review on January 24, 2023 and public notice began on January 24, 2023 by posting a public notice on the Site and mailing the same to adjacent property owners. Pursuant 38.240.130, the City Commission shall approve, conditionally approve or deny the subdivision application by March 24, 2023, unless there is a written extension from the developer, not to exceed one year. The Commission conditionally-approved this preliminary plat on February 7, 2023. No public comment has been received to date.
Alternatives 1. Recommend approval of the application with the recommended conditions; 2. Recommend approval of the application with modifications to the staff-recommended conditions; 3. Recommend denial of the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Recommend that the City Commission continue the public hearing on the application to a later date, with specific direction to staff or the Applicant to supply additional information or to address specific items. This alternative is requested if the Commission wishes to amend or add conditions of approval.
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 3 of 27
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
Table of Contents ............................................................................................................................ 3
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 11
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 13
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 14
SECTION 7 -- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS………………24
APPENDIX A -- PROJECT SITE ZONING AND GROWTH POLICY………………………26
APPENDIX B -- NOTICING AND PUBLIC COMMENT…………………………………….27
APPENDIX C - OWNER INFORMATION ................................................................................ 27
ATTACHMENT LINK ................................................................................................................ 27
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 4 of 27
SECTION 1 - MAP SERIES
Figure 1. Location Map
Figure 2. Vicinity Map
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 5 of 27
Figure 3: Zoning classification: B-2, Community Business District
Figure 4: Saccoccia/Lowe’s PUD area; Preliminary Plat area shown in red rectangle
Site
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 6 of 27
Figure 5: Vicinity Map; subdivision Site noted in red
Figure 6: Photo of the Site; view west from Sacco Drive
Existing Lot 2A
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City Commission Finding of Fact and Order Staff Report for Saccoccia Minor Subsequent Subdivision Preliminary Plat; 21430 Page 7 of 27
Figure 7: Home 2 Home approved hotel site plan for eastern half of existing Lot 2A
Figure 8: Approved site plan for Home 2 Home hotel on east side of Lot 2A
Note the 30 ft. wide pedestrian
easement trail leading to the Sacco
Drive sidewalk on Lot 2A1 and
continues north to Baxter Lane.
20 ft. and 10 ft/wide mutual
access easement from Baxter to
new Lot 2A2 (see Condition 1b).
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 8 of 27 Figure 9: Proposed Preliminary Plat (12/02/21 plat revision)
Note the 25’ wide trail corridor providing legal access to Lot 2A2 from the west and to and
through the new Lot 2A1 to Sacco Drive on the east (see also Condition of Approval No. 1c).
SECTION 2 – REQUESTED VARIANCES There are no variances requested with this subdivision application although the Applicant is seeking approval of an alternate legal and physical access to the new Lot 2A2 as part of this application. Please see Section 6, No. 11 on page 17 below for details.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL The following conditions of approval and code provisions are offered to satisfy City and relevant State requirements as well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision. The conditions of approval are in addition to any required code provisions identified in this report. The conditions are specific to the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and application materials and these conditions of approval are deemed reasonably related and roughly proportionate to the development of this subdivision.
Lot 1A
Lot 2A1
Lot 2A2
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 9 of 27
1. BMC 38.400.090.B.2.c, Access and 38.220.070.A.7, Final Plat Submittal Requirements. The Applicant shall provide with the final plat submittal documents demonstrating the following: a. The legal and physical access to Lot 2A2 is properly shown and labeled on the final plat submittal; b. In order to provide legal and physical access to Lot 2A2, per BMC 38.400.090.B.2.c, an irrevocable 30-feet wide vehicular public access easement extending from the southern edge of the Baxter Lane right-of-way (ROW) and extending a minimum of 25-feet along the Lot 2A2 frontage, shall be shown on the plat sheet and shall be recorded prior to final plat approval; c. In order to provide legal and physical access to Lot 2A2, per BMC 38.400.090.B.2.c, a perpetual 25-feet wide trail corridor public access easement shall be shown, dimensioned and labeled on Lot 2A2 and it shall extend to the eastern boundary where it would connect to a minimum 6-feet wide pedestrian public access easement on Lot 2A1 that extends to Sacco Drive; both these easements shall be recorded prior to final plat approval; d. the Applicant shall record a mutual maintenance agreement between the owner(s) of Lots 2A1 and 2A2 prior to final plat approval and this maintenance shall include regular, appropriate snow removal to assure safe passage of pedestrians; and e. the Applicant shall submit with a final plat application an Improvement Plan for the improvement of the public access easement “alley” leading to Lot 2A2 which shall be approved by the City Engineer prior to final plat approval [see Section 6. B number 11 on page 17 below for details].
2. BMC 38.220.070.A.7. Final Plat Submittal Requirements. The final plat must contain the following notations on the Conditions of Approval sheet: a. All public stormwater facilities not on property dedicated to the City of Bozeman shall be located within public drainage easements that provide for storm water facility maintenance responsibility by the property owners association. b. The following note shall be included in the Conditions of Approval sheet of the Final plat: “Due to known high groundwater conditions in the area, no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provides supporting groundwater data to the City Engineering Department prior to the release of any building permit for the development. In addition, sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged on streets, such as into the curb and gutters, where they may create a safety hazard for pedestrians and vehicles.” c. All downstream water user facilities will not be impacted by this subdivision.
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 10 of 27 d. If water rights or cash-in-lieu of water rights, have not been provided with final plat, then water rights or cash-in-lieu must be provided with any future sketch plan, site plan development or applicable development application. e. The Site lies within a Special Street Lighting Improvement District (SLID). Street lights would be provided for the Home 2 Home hotel as part of that approved site plan. It is unknown at this point as to whether the public access “alley” to Lot 2A2 would require street lighting. The Applicant shall submit a document specifying that, in the event an SLID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the 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.
3. BMC 40.04.700.A.4 - Stormwater management plans and comprehensive drainage plans shall: a. Prevent any off-site direct discharge of untreated stormwater and non-stormwater from development or redevelopment improvements. i. It appears a majority of Basin 1 will drain offsite. Provide sufficient detail to insure drainage will reach the proposed destination. b. Implement accepted BMPs to minimize impact of a development on existing offsite infrastructure and stormwater facilities. i. The Applicant has described the use of a pretreatment forebay for the existing wet detention basin. The proposed pretreatment forebay does not meet the following recommendations for pretreatment forebays in the Montana Post-Construction Storm Water BMP Design Guidance Manual. a. A barrier separating the pretreatment forebay and wetpool cell should be constructed to contain the forebay opposite of the inlet. b. A concrete bottom is recommended to facilitate sediment removal during maintenance. c. Provide a way to monitor sediment accumulation. c. Comply with section II of the City Design Standards, and chapter 38, article 23. i. The Applicant has described utilizing the existing Lowe’s detention pond to comply with this section. The Applicant has adequately demonstrated the subject property can be adequately served by the Lowes detention pond as designed. The stormwater design report for the Lowe’s PUD describes “the hydraulic capacity of the pond for stormwater runoff functions is the top 1.5 feet of the pond.” The water surface elevation is currently above the pond outlet as observed 12-24-2021 (a time of little to no runoff due to winter conditions). The existing condition of the pond does not allow for any storage of runoff from the subject property as proposed and therefore utilizing this pond in its current condition would not satisfy the requirements of Section II of the city Design Standards. The Applicant must provide a means of stormwater storage on site or provide maintenance or modification to the existing Lowe’s PUD pond to provide adequate storage for the subject property. 4. The subject property is located within the N 19th and Baxter Intersection Payback. The payback must be paid prior to Final Plat approval.
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 11 of 27
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 application.
1. BMC 38.100.080.A. 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. BMC 38.220.070. 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 herein have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. BMC 38.410.130. Water Rights. Compliance with code requirements for water rights shall be met per Condition of Approval No. 2.d. The Applicant shall provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous estimates or actual payment -in-lieu of water rights, certified well logs, decrees or adjudications, etc. The Applicant must contact Griffin Nielsen with the City of Bozeman Engineering Department for any cash in lieu of water rights determination.
4. BMC 38.410.060.A. The final plat must provide all remaining preexisting and new utility and public access easements and they must be shown, dimensioned and properly labeled/described on each subdivision block of the final plat in their true and correct location. All easements indicated below must be provided on City standard easements templates. Drafts must be submitted with the final plat application for review and approval prior to final plat approval. Signed hard copies of the easements must be submitted to the City Engineering Department. Recorded easement numbers must be provided on the final plat prior to final plat approval. The Applicant may contact the review engineer to receive standard templates. a. The Applicant must provide a 25-foot wide perpetual public access trail easement through Lots 2A1 and 2A2 connecting the improved alley on the west boundary of Lot 2A2 through Lot 2A1 to Sacco Drive; and b. The Applicant must provide a 30-foot wide storm drain easement on Lot 2A2.
5. BMC 38.270.030. Prior to final plat approval, the Applicant must submit plans and specifications for water and sewer main extensions, streets, and storm water improvements for Lot 2A2which must be prepared and signed by a professional engineer (PE) registered in the State of Montana, which must be provided to and approved by the City Engineer. Water and sewer plans must also be approved by the Montana Department of Environmental Quality. The Applicant must also provide professional engineering services for construction inspection, post-construction certification, and preparation of Mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. Building permits will not be issued prior to City acceptance of the site
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 12 of 27 infrastructure improvements unless all provisions set forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent construction.
6. BMC 38.410.060.A. Easements. a. The final plat must provide all necessary easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. The recorded easement number must be documented on the final plat. b. The Applicant is advised that all dedicated public easements must be recorded the City’s standard template easement documents separate from the plat and the recorded document number must be listed on the final plat. Easements will be deemed inadequate if they are not in a final draft format (signatures are not required for the draft review). Easements must be stamped by a licensed professional surveyor. In preparing signature blocks on any upcoming documents, please use the following names: Jeff Mihelich, City Manager; Mike Maas, City Clerk; Cynthia L. Andrus, Mayor. If a new member is established, the easement documents must be updated. c. Utility easements shall be provided in accordance with the Bozeman Municipal Code (BMC) and must be recorded prior to final plat approval. d. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the city and recorded easement numbers must be shown on the final plat. The Applicant may contact the reviewing engineer to receive standard templates. i. The Applicant must provide the proposed ten foot utility easement (power, gas, communication, etc.) along the developments property frontage with Baxter Lane and Sacco Drive. ii. The Applicant must provide the proposed drainage easement for the proposed storm sewer crossing multiple lots. iii. The Applicant must provide the proposed pedestrian access (trail corridor) easement. This easement must be 25’ in width and provide a connection between public access points. iv. The Applicant must provide a public access easement over the existing mutual access easement along the western border of Lot 1A and Lot 2A2. This easement must extend along the western border of Lot 1A and at least 25 feet into proposed Lot 2A2 to meet lot access requirements. v. The division of Lot 2A into Lot 2A1 and 2A2 will create the proposed sewer service to lot 2A1 to cross lot lines. The Applicant must provide a sewer service easement on Lot 2A2. This shall be a private easement. A recorded copy of the easement must be submitted and the recorded easement number shall be recorded on the Final Plat.
7. BMC 38.270.030, 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 shall be
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 13 of 27 entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the approved preliminary plat information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements.
8. BMC 38.240.450. The Applicant is advised where public improvements are to be installed prior to Final plat Approval, the final plat of subdivision must contain a certificate of completion of public improvements. Prior to final plat approval, Sheet One certificates must list all completed and accepted improvements, if applicable.
9. 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. This certificate must be provided on the final plat.
10. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate Mortgagee certificate must be included.
11. The following comments pertain to areas of the project that do not currently meet code and must be addressed prior to Final Plat. The following comments must be addressed with future applications: a. DSSP Plans and Specification Review Policy – Plans, specifications, and submittals for public infrastructure improvements (water main) must be submitted to the City Engineering Department (engsubmittals@bozeman.net) for infrastructure review. b. DSSP Fire Service Line Standard – Plans for all fire service lines must be submitted to the City Engineering Department (engsubmittals@bozeman.net) for review. c. DSSP V.A.7.a - All connections to an existing water main will begin with a new valve. d. DSSP V.B.12 - Access Roads: A 12'-wide all-weather gravel access road, with turn-arounds if needed, shall be constructed to provide access to all sanitary sewer manholes and water main valves not located within a paved public or private street or parking lot. A temporary access road shall be constructed if water main valves are to be located outside of the proposed parking lot. e. The provided geotechnical report suggests corrosivity concerns. The Applicant shall specify corrosion protection or provide an analysis based on the DIPRA Design Decision Model showing protection is not needed prior to infrastructure approval.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS On November 23, 2021, and then again on January 24, 2023, the DRC determined that the application was adequate for continued review and found that application conforms to standards and is sufficient for approval with conditions and code provisions based on the staff analysis and findings described below in Section 6 of this report.
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 14 of 27 Public hearing date for the City Commission was held February 7, 2023 at 6:00 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.
A. Criteria for City Commission Action, BMC Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following criteria and findings of fact:
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 outlined in Code Provision Number 1, 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 with the final plat and updated with any additional required notations as required by Preliminary Plat conditions or code provisions
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 Bozeman Municipal Code (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. Therefore, it is expected that upon satisfaction of all conditions and code corrections, the subdivision would comply with local subdivision regulations.
3. Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act. The application was initially-received on October 20, 2021 and was deemed inadequate for further review. Revised application materials were received on November 28/2022 and December 2, 2022. The City deemed the application adequate for review on January 24, 2023. Public notice for the application began January 24, 2023 for the February 7, 2023 City Commission public meeting. BMC 38.240.140.a.2 delegates review of all minor subdivisions from a tract of record to the Community Development Director. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the Community Development Director forwards the recommendation in this report to the City Commission who will make the final decision on the Applicant’s request.
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 15 of 27 The final decision for a Minor Subsequent Subdivision Preliminary Plat with 5 or fewer lots must be made within 60 working days of the date it was deemed adequate for further review (January 24, 2023). Pursuant to BMC 38.240.100 the City Commission shall approve, conditionally approve or deny the subdivision application by March 24, 2023 unless there is a written extension from the Applicant, not to exceed one year. Public notice for this application was given as described in Appendix B beginning on January 24, 2023. On January 24, 2023, this major subdivision staff report was completed and forwarded to the City Commission with a recommendation of conditional approval.
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all conditions and code requirements are
satisfied. Pertinent code provisions and site specific requirements are included in this report
for City Commission consideration in Sections 3 and 4.
4. Compliance with Chapter 38, BMC and other relevant regulations. Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes the Condition of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. With those conditions and code provisions met, all municipal water and sewer facilities would conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
B. Documentation of compliance with adopted standards, 38.220.060 BMC. 1. Surface water. This proposed subsequent minor subdivision would utilize an existing detention pond serving both lots and located in the northeast corner of the subdivision. This pond would attenuate stormwater flows prior to discharging to the Walton’s Stream/Ditch. 2. Floodplains. There are no floodplains on the Site. 3. Groundwater. During the September 2021 investigation of the Site for the Home 2 Home hotel site plan, groundwater was encountered at a depth of 5.1 to 5.8 feet below grade. 4. Geology, Soils and Slopes. Beneath the 1-foot vegetative topsoil lie sandy lean clay soils with a high potential for compressibility. The site is relatively level and drains with sheet flor to the northwest. 5. Vegetation. In July 2019, the property consisted of an upland herbaceous community and a palustrine emergent wetland community. The upland herbaceous areas within the project were dominated by intermediate wheatgrass (Thinopyrum intermedium, NI), Canada thistle (Circium
arvense, FAC), stickywilly (Galium aparine, FACU), prickly lettuce (Lactuca serriola, FACU), and hoary
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 16 of 27 alyssum (Berteroa incana, NI). The palustrine emergent wetland within the project area was dominated by reed canarygrass (Phalaris arundinacea, FACW), Canada thistle, fringed willow herb (Epilobium ciliatum, FACW), and common spikerush (Eleocharis palustris, OBL). Much of the property was infested with noxious weeds such as Canada thistle hoary alyssum. 6. Wildlife. A field survey of the Site was conducted in July 2019 by Ms. Christine Pearcy, Environmental Scientist for Morrison Maierle, representing the Applicant. Although Mallard ducks and Red-winged blackbirds were observed in the wetland and creek areas of the Site, Ms. Pearcy found that no impacts to federally-listed endangered, threatened, proposed or candidate species of wildlife are anticipated to occur as a result of development of this subdivision. 7. Agriculture. Due to development in the area, no agricultural practices have been performed on the property for several years. An October 2021 evaluation of the Site for agricultural resources by Ms. Christine Pearcy, Environmental Scientist, with Morrison Maierle for the Applicant revealed: “The subject property has historically been used for growing hay when the property to the south was also in agricultural use. The northeast corner of the subject property appeared to have a manmade drainage running through it. A review of historic aerial imagery obtained from Google Earth revealed that the subject property has been managed for agriculture from at least as far back as 1985. The property to the south was developed in 2006, removing much of the hay field that was historically harvested. The subject property appeared to no longer be used for hay production since that time, but rather just shredded for maintenance purposes. A review of the Montana Natural Heritage Program’s statewide land cover data indicates the land use on the subject property as “Pasture/Hay”. Current observed land-use on the subject property is vacant land that may get shredded/mowed occasionally for maintenance. The property does not appear to be used for any agricultural purposes at this time and is overgrown with noxious weeds. A site plan for a Home 2 Suites Hotel has been approved for the Lot 2A1 portion of the property.” 8. The effect on agricultural water user facilities. A similar evaluation by Ms. Pearcy revealed: “No agricultural water user facilities are currently located on the subject property. Since no agricultural water use facilities exist on the subject property, there will be no impact on these resources as a result of the project.” 9. Water/Sewer. Water and sewer systems exist to serve the subdivision. The approved hotel site plan for the new Lot 2A1 shows water and sanitary sewer service to that Site. Furthermore, when development of Lot 2A2 is proposed, the developer would extend water and sewer mains to that lot. Code Provision 4 requires the Applicant to submit plans for water and sewer main extensions, approved by the Montana Department of Environmental Quality, to be reviewed by the City. Code Provision 5 requires a City standard sewer easement where the sewer system is located. Building
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 17 of 27 permits would not be issued prior to City acceptance of site infrastructure improvements, unless concurrent construction is requested and conditions allow. Water rights exist for the subject property. The 2007 transfer of water rights for the “parent” subdivision COS 407 meets the City’s water adequacy code BMC 38.410.130 to offset water demands attributable to this subdivision. 10. Stormwater Management. The subdivision must construct storm water management and water quality facilities conforming to standards of the Bozeman Municipal Code. The maintenance of the stormwater facilities are the responsibility of the property owner of each lot or that of a Property Owners Association (POA) if a regional pond is to be used. Inspection of installed facilities prior to final plat would verify that standards have been met. This proposed subsequent minor subdivision will be utilizing this existing detention pond and therefore, groundwater monitoring is not necessary. 11. Streets, roads and alleys. The 2020 Bozeman Community Plan/Growth Policy and subdivision standards require adequate connectivity of a development to the street grid. Access to the new Lot 2A1 would be taken from Baxter Lane, a designated collector street.
Legal and Physical Access. As noted above in Section 3 on page 9, Condition of Approval 1.b, the new Lot 2A2 is required to have legal and physical access from a public street or alley. The alternative method for providing such access is being proposed by the Applicant in which he would (1) record a public access easement along at least 25-feet of the Lot 2A2 frontage; (2) would improve that public access easement land to City alley standards; and (3) would provide a 25-feet wide perpetual public access easement within Lot 2A2 which would connect to the existing pedestrian easement on Lot 2A1 which connects to the Sacco Drive sidewalk. This alternate access would meet the standards of BMC 38.400.090.B.2.c.
Walkability, Transit and Bikeability. The Community Plan/growth policy encourages development to be walkable, which is defined in the Plan’s Appendix F Glossary as: Walkable. A walkable area has: • A center, whether it’s a main street or a public space. • People: Enough people for businesses to flourish and for public transit to run frequently. • Parks and public space: Functional and pleasant public places to gather and play. • Pedestrian design: Buildings are close to the street, parking lots are relegated to the back. • Schools and workplaces: Close enough that walking to and from home to these destinations is realistic. • Complete streets: Streets designed for bicyclists, pedestrians, and transit. The “parent” Lot 2A has a sidewalk along its Baxter Lane frontage and an approved hotel site plan would provide a sidewalk along its Sacco Drive frontage. The existing Lot 1A, which is developed with a credit union office building, extends a sidewalk to its southwestern boundary where the new Lot 2A2 would begin. The North 19th Trail is a paved shared use path with a segment lying along the
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 18 of 27 west boundary of both Lots 1A and the new Lot 2A2 and would remain. This shared use path also functions as a bike path which connects to an east-west bike lane along Baxter Lane. There is a Blue Line bus stop at N. 19th Avenue and Baxter Lane. With the complexity of features needed to create a walkable environment, no one site is likely to provide all the needed elements. According to the WalkScore.com algorithms, the site has a Walk Score of 38 out of 100 which denotes that the Site and area are car-dependent. It has a Transit score of 21 which denotes minimal transit service, and a Bike Score of 55, which denotes that the area is “bikeable”. Average walk score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, trails, commerce and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. There are no adopted development standards relating to the walk score. A trip generation analysis was provided with the application in lieu of a traffic impact study and it found that the infrastructure that exists and is proposed for the project would service the development and no upgrades were proposed for any nearby intersections. 12. Non-municipal utilities. NorthWestern Energy would provide natural gas and electric service to the development. These facilities would be located in public utility easements along the roadways within the subdivision. Century Link and/or Charter Communications would provide cable, telephone, and fiber service to the development. These facilities would be located in public utility
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 19 of 27 easements along the roadways within the subdivision. The Preliminary Plat shows the location of the existing dry utilities near the proposed subdivision. 13. Land Use. The following table summarizes the proposed lots and land uses for this subdivision.
14. Parks and recreation facilities. This is a wholly commercial subdivision with no anticipated adverse impacts to area parks or recreation facilities. Parkland is not required for development within commercial developments. 15. Neighborhood Center. This is a two lot split of a commercially-zoned property. Pedestrian easements and corridors cross both lots. There is no anticipated impact to nearby neighborhood centers. 16. Lighting Plan. There is no lighting plan with this subdivision. A code-complying exterior lighting plan would be provided with any proposed development of either of the two new lots. The Home 2 Home hotel for Lot 2A has an approved lighting plan. 17. Miscellaneous. A. Easements. The provision of easements to and within the subdivision for the location and installation of any necessary utilities. Code Provision No. 6 requires all easements, existing and proposed, to be accurately depicted and addressed on the final plat and in the final plat application. Public utilities must be located within dedicated street right of ways. Utility easements need to be provided and granted with the final plat in accordance with public and private design standards. B. Legal and Physical Access. The provision of legal and physical access must be provided to each parcel within the subdivision per BMC Section 38.400.090.B.2.c. Condition of Approval Numbers 1.a, 1.b and 1.ca assures satisfaction of this code provision. Access to the new Lot 2A1 (currently Lot 2A) would be provided from a 30-foot wide public access and utility easement from Baxter Lane into the Site. This access easement is shared with the adjacent Lot 1A to the west which is developed with a financial institution office building. This access easement would remain for the new Lot 2A1. However, the splitting off of the land of Lot 2A2 from
DocuSign Envelope ID: 9142D0BA-7B3B-415D-A503-45F75F0B0246
City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 20 of 27 the larger Lot 2A would remove legal and physical access to this lot because the remaining 20-foot wide “shared access easement” connecting this lot to Baxter Lane does not meet the standards for legal and physical access of BMC 37.400.090.B.2. Therefore, the conditions of Condition 1a, 1b and 1c must be met. Figure 8: Shared access easement to the new Lot 2A1 (formerly Lot 2A)
DocuSign Envelope ID: 9142D0BA-7B3B-415D-A503-45F75F0B0246
City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 21 of 27 Figure 9: Access easements to the new Lot 2A2 per Condition No. 1
Section 38.400.090, Access, requires all lots to have legal and physical access to a public or approved private street or an approved alley and a greenway corridor or trail corridor with public access. Simmental Way terminates at the north side of Baxter Lane and there is no publicly-accessible right-of-way (ROW) road or alley on the south side of Baxter Lane that could provide access to the new Lot 2A2. There is an existing 20-feet and 10-feet wide “mutual access easement” to the current Lot 1A and the southwest portion of the current Lot 2A. This combined 30-feet wide mutual access easement along the western boundary of the new Lot 2A2 does not provide public access to that land. Subsection B.2.c requires “25-feet of frontage on an improved alley and a greenway corridor or trail corridor with public access. This option may require additional improvements to the alley to
20’
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 22 of 27 accommodate emergency access, snow removal and storage, and the provision of utilities. The alley may also require signage for the provision of emergency services.” The 30-foot wide mutual access easement along the west side of the new Lot 2A2 could provide legal and physical access to that lot if (1) a perpetual public access easement were recorded on this land for a minimum of 25-feet frontage; and (2) this public access travelway improved to City alley standards connected to a perpetual publicly-accessible greenway corridor or trail corridor through both Lots 2A1 and 2A2 to Sacco Drive. Condition of Approval No. 1 would require (1) this legal and physical access to be properly shown and labeled on the final plat submittal; (2) a proper perpetual public access easement and maintenance agreement between the owner(s) of Lots 2A1 and 2A2 be recorded prior to final plat approval; and (3) an Improvement Plan for the public improvement to the western travelway to Lot 2A2 be approved by the City Engineer prior to final plat approval. C. Educational Facilities. This is a wholly commercial subdivision with no school impacts. D. Police/Fire Services. The area of the subdivision is within the service area of both these departments. No concerns regarding service availability have been identified. E. Parklands. As this is a wholly commercial subdivision, no parklands are required per BMC 38.420.010. F. The effect on the natural environment. A field survey of the Site was conducted in July 2019 by Ms. Christine Pearcy, Environmental Scientist for Morrison Maierle, representing the Applicant. Although Mallard ducks and Red-winged blackbirds were observed in the wetland and creek areas of the Site, Ms. Pearcy found that no impacts to federally-listed endangered, threatened, proposed or candidate species of wildlife are anticipated to occur as a result of development of this subdivision.
Figure 9: Wetland areas of the Lot 2A2 hotel site.
In July 2019, the property consisted of an upland herbaceous community and a palustrine emergent wetland community. The upland herbaceous areas within the project were dominated by
DocuSign Envelope ID: 9142D0BA-7B3B-415D-A503-45F75F0B0246
City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 23 of 27 intermediate wheatgrass (Thinopyrum intermedium, NI), Canada thistle (Circium arvense, FAC), stickywilly (Galium aparine, FACU), prickly lettuce (Lactuca serriola, FACU), and hoary alyssum (Berteroa incana, NI). The palustrine emergent wetland within the project area was dominated by reed canarygrass (Phalaris arundinacea, FACW), Canada thistle, fringed willow herb (Epilobium
ciliatum, FACW), and common spikerush (Eleocharis palustris, OBL). Much of the property was infested with noxious weeds such as Canada thistle hoary alyssum. The site is in a potential area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition No. 12(b) prohibits crawl spaces or basement without first consulting a professional engineer certified in the State of Montana who would certify that groundwater would not harm these structures. This requirement will protect both future structure owners from future hazards of flooding and lessen burdens on the public from illicit discharges. BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces rather than municipal water supply. The development would irrigate common areas and ROW boulevard strip landscaping with wells. A wetlands delineation study was conducted for the Site in 2019 for the hotel site plan which revealed two wetland areas on that Site. However, according to that study, the U.S. Fish and Wildlife Service maintains the National Wetlands Inventory (NWI), which serves as a publicly available resource that provides detailed information on the abundance, characteristics, and distribution of U.S. wetlands. According to the NWI database, no features are located within the hotel site (USFWS 2019). One emergent wetland feature was located on the adjacent property to the east. G. The effect on public health and safety. With the recommended conditions of approval and required plat corrections, the subdivision is not expected to adversely impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman Municipal Code (BMC) 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 BMC standards with recommended conditions and code provisions. Conditions deemed necessary to ensure compliance have been noted throughout this staff report. Code provision No.1 requires full compliance with all applicable BMC code requirements. All subdivisions must be reviewed against the following criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA) and as a result, the Department of Community Development has reviewed this application against the listed criteria and further provides the following summary from Applicant submittal materials and requirements. It is noted that all infrastructure would meet City standards. 18. Affordable Housing. This is a wholly commercial subdivision and the affordable housing provisions of the BMC do not apply.
19. How the proposed subdivision advances the adopted growth Policy.
DocuSign Envelope ID: 9142D0BA-7B3B-415D-A503-45F75F0B0246
City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 24 of 27 SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties,
and a review of the preliminary plat described in these findings of fact was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether
the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on February 7, 2023 at which time the Department of Community Development
Staff reviewed the project, submitted and summarized recommended conditions of approval, and
summarized the public comment submitted to the City prior to the public hearing.
D. The Applicant acknowledged understanding and agreement with the recommended
conditions of approval, code provisions.
E. The City Commission requested public comment at the public hearing on February 7, 2023
and no one sought to offer comment.
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 Article 38.210, 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 4 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.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) 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 for a period of mutually agreed upon time.
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 25 of 27
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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February28th
City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 26 of 27
APPENDIX A -- PROJECT SITE ZONING AND GROWTH POLICY 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. The intent of the 2005 Saccoccia/Lowe’s PUD (Project No. Z-05128) was to allow a multi-phased and multi-commercial development that allowed all uses permitted in the M-1, Light Industrial and B-2, Commercial Business districts; that allowed building heights up to 48 feet; to allow concurrent construction of infrastructure improvements; to relax the pole sign standards and exterior light fixture standards of the Bozeman Municipal Code; and to allow Lowe’s store to exceed the 75,000 sq. ft. maximum by 90,765 sq.ft.
Staff Comment: The proposed division of the 5.53-acre Lot 2A into two lots would allow the owner to develop the portion of the lot that the Home 2 Home hotel developer does not wish to use. This western 2.04-acres would become a buildable commercial lot once legal and physical access and public improvements are provided to the new Lot 2A2. This would facilitate development of a commercial “in-fill” site; one that does not rely on visibility from a public street.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman Community Plan designates the subject property to develop as “Community Commercial Mixed Use”.
Theme 6: A City powered by its creative, innovative, and entrepreneurial economy. EE-1.1: Support the goals and objectives outlined in the Bozeman Economic Development Strategy. Bozeman Economic Development Strategy Update, 2016. The City of Bozeman has established a solid approach to economic development with its current strategy that is based on the three economic development pillar strategies below. 1. Business Growth: Support retention and growth of existing businesses, while welcoming and encouraging new businesses. 2. Infrastructure: Invest in infrastructure as a mechanism to drive economic development. 3. Workforce: Support education and workforce development initiatives to provide businesses with qualified workers. Strong Economic Base
• Increase middle and high wage traded sector employment and diversify the economic base by supporting existing businesses and strategically growing the local supply chain.
• Support local sector businesses with a seamless permitting process and awareness about existing small business programs.
• Invest in infrastructure projects identified on the capital improvement plan (CIP) that the business community needs and wants by leveraging the City’s proactive culture to foster
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City Commission Finding of Fact and Order Staff Report for the Preliminary Plat of Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407 Page 27 of 27 collaboration across departments and commitments to identified projects. Strong Community
• Protect the outdoor environment by guiding efficient industry site development within the City limits.
• Foster an environmentally and economically sustainable community with an active transportation network (transit networks, bicycle routes, trails, and sidewalks) that employers and employees desire.
• Offset livability costs for citizens with conscious infrastructure and workforce investments that improve access to job opportunities with the understanding that several other stakeholders are focused specifically on affordable housing.
Staff Comment: The creation of a new, small commercial lot would facilitate in-fill development for a small business that is not reliant on street visibility yet may benefit from the proximity to pedestrian trails and a hotel business.
APPENDIX B – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting. Pursuant to BMC 38.220.420, notice was provided by posting the site, mailing by certified mail to the Applicant and adjacent property owners and by first class mail to all other owners within 200 feet on January 24, 2023. Content of the notice contained all elements required by Article 38.220., BMC. No public comment has been received at the time of the writing of this staff report.
APPENDIX C - OWNER INFORMATION
Owner/Applicant: Saccoccia Lands II, LLC, 1234 Springhill Road, Belgrade, MT 59714
Representative: Matt Ekstrom of Morrison Maierle, Inc., engineers
Staff Report By: Susana Montana, Senior Planner.
Staff Engineer: Karl Johnson, PE
ATTACHMENT LINK The full application and file of record can be viewed digitally at: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=258204&cr=1 Find the property on the map and click on the parcel. Select the “Project Documents Folder” link and navigate to the Preliminary Plat application #21430. You may also view the application at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
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