HomeMy WebLinkAboutEastlake Minor Subdivision Preliminary Plat, #P-07046
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Lanette Windemaker, AICP, Contract Planner
SUBJECT: Eastlake Minor Subdivision, #P-07046
MEETING DATE: Monday, February 4, 2008
RECOMMENDATION: The City Commission approves application #P-07046 subject to the
conditions of approval and code provisions outlined in the Staff Report.
BACKGROUND: This is a preliminary plat application to subdivide ~ 7.65 acres into five (5) lots
for commercial use, common areas, and street. The project will have access from North 27th
Avenue and the future Eastlake Road. The property is legally described as Lot 1A of Minor
Subdivision No. 221E, situated in the Southwest ¼ of Section 26, T1S, R5E, PMM, City of
Bozeman, Gallatin County, Montana, and is zoned B-2 (Community Business District).
Following the Planning Board hearing, Engineering Staff revised Condition of Approval #20, and
added Conditions of Approval #28 and #29 to provide clarification. The conditions are as stated in
the staff report. The applicant’s representatives indicated that they had no problems with these
changes.
UNRESOLVED ISSUES: None.
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.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please email Lanette Windemaker at lwindemaker@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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PLANNING DEPARTMENT STAFF REPORT
EASTLAKE COMMERCIAL CENTER FILE NO. P-07046
Item: Subdivision Preliminary Plat Application #P-07046, to subdivide ~ 7.65
acres into 5 lots for commercial use, on property legally described as Lot
1A of Minor Subdivision No. 221E, situated in the Southwest ¼ of
Section 26, T1S, R5E, PMM, City of Bozeman, Gallatin County,
Montana.
Owners: Warner Pacific Properties, LLC, Michael Odell, 77 South Sierra Madre
Blvd, Suite 9, Pasadena, CA 91107.
Applicant: TD&H Engineering, Inc., 215 W. Mendenhall, Suite C-1, Bozeman, MT
59715.
Representative: Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT
59715.
Date/Time: Before the Planning Board on Tuesday, January 15, 2008, at 7:00 p.m. in
the Commission Meeting Room, City Hall, 411 East Main Street,
Bozeman, Montana, and
Before the City Commission on Monday, February 4, 2008, at 6:00 p.m.,
in the Community Room, Gallatin County Courthouse, 311 West Main
Street, Bozeman, Montana.
Report by: Lanette Windemaker, AICP: Contract Planner.
Recommendation: Conditional Approval.
PROJECT LOCATION
The subject property, described as ~ 7.65 acres of land located southeast of the intersection of Valley
Center Road and North 27th Avenue, is legally described as Lot 1A of Minor Subdivision No. 221E,
situated in the Southwest ¼ of Section 26, T1S, R5E, PMM, City of Bozeman, Gallatin County,
Montana. The property is zoned B-2 (Community Business District). Please refer to the vicinity map
on the following page.
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PROPOSAL
The applicant is requesting a Subsequent Minor Subdivision Preliminary Plat approval to subdivide ~
7.65 acres into 5 lots for commercial use. The subdivision would have access from the North 27th
Avenue.
The necessary Preliminary Plat Supplements were submitted or waived by the Development Review
Committee (DRC).
ZONING DESIGNATION & LAND USES
The subject property is zoned B-2 (Community Business District). The intent of the B-2, Community
Business District, is to provide for a broad range of mutually supportive retail and service functions
located in clustered areas bordered on one or more sides by limited access arterial streets. The
subject property is vacant. The following land uses and zoning are adjacent to the subject property:
North: M-2 (Manufacturing and Industrial District) – Interstate 90.
East: B-2 (Community Business District) – Vacant.
South: B-2 (Community Business District) – Vacant (Milligan Minor Subdivision).
West: R-O (Residential Office District) – Vacant (Cattail North Annexation).
ADOPTED GROWTH POLICY DESIGNATION
The property is designated as “Community Commercial” in the Bozeman 2020 Community Plan. The
B-2 (Community Business District) zoning designation is consistent with this land use designation of
the property.
Community Commercial. Activities within this land use category are the basic employment and
services necessary for a vibrant community. Establishments located within these categories draw from
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the community as a whole for their employee and customer base and are sized accordingly. A broad
range of functions including retail, education, professional and personal services, offices, residences,
and general service activities typify this designation. In the “center-based” land use pattern,
Community Commercial areas are integrated with significant transportation corridors, including
transit and non-automotive routes, to facilitate efficient travel opportunities. Community Commercial
areas are generally 120 to 140 acres in size and are activity centers for an area of several square miles
surrounding them. The density of development is expected to be higher than currently seen in most
commercial areas in Bozeman and should include multi-story buildings. It is considered desirable to
have residences on upper floors in some circumstances.
PRELIMINARY PLAT SUPPLEMENTS
A pre-application was reviewed in July of 2007. The Development Review Committee discussed
access, sewer service and the lift station, and lot layout. Provided below is a summary review of the
Preliminary Plat Supplements submitted with the Preliminary Plat application.
A. Surface Water:
There is no surface water on the site. Engineering Staff has required that the Montana Fish, Wildlife
and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall
be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) shall be obtained prior to Final Plat approval.
B. Floodplains:
A floodplain study was prepared in October 2007. Engineering Staff has required that the 100 year
flood plain boundary be shown on the final plat.
C. Groundwater:
Groundwater depths vary in the area. A note will be placed on the final plat indicating that due to
high ground water conditions full or partial basements are not recommended and buildings proposed
for construction with crawl spaces or basements shall include Engineer Certification regarding depth
of ground water and soil conditions and proposed mitigation methods to be submitted with each
Building Permit. Installation of municipal water and sanitary sewer services will greatly reduce any
concerns regarding the potential of groundwater degradation.
D. Geology - Soils - Slopes:
There are no known geologic hazards associated with this site, with exception to the Seismic Zone 3
for earthquakes, which is common for the Bozeman area. No significant physical features or
topographical conditions have been identified, and no slopes in excess of fifteen percent (15%) grade
are evident.
E. Vegetation:
No significant mature vegetation (trees and large bushes) exists on the site.
F. Wildlife:
Due to the small size and infill location of the property, any potential impacts to wildlife and wildlife
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habitat are limited to small mammals and birds. No known endangered species or critical game ranges
have been identified in the area.
G. Historical Features:
Due to the lack of existing structures, small size and infill location of the property, there is low
likelihood of impact on cultural properties.
H. Agriculture:
Approximately 6 acres of the property is in grain production. Due to the small size and infill location
of the property, there is no significant impact on agricultural production.
I. Agricultural Water User Facilities:
Not applicable. There are no agricultural water user facilities on the site.
J. Water and Sewer:
An extension of municipal water mains in the area will provide water for domestic and fire protection
services. An extension of municipal sewage lines will provide for sewage collection and disposal.
Final approval of the water distribution system and sewage collection and disposal system for this
subdivision proposal will be obtained through the normal approval procedures of preliminary and final
plat review by the City Engineer’s Office, Superintendent of Water/Sewer, and Montana Department
of Environmental Quality.
K. Stormwater Management:
Plans and specifications for stormwater management will have to be provided to the City Engineer for
review and approval.
L. Streets, Roads, and Alleys:
Access: Access to the subdivision will be from North 27th Avenue, Eastlake Road and internal public
access easements. Based on adequate access separation distances on the arterial streets, there is a 1’
No Access Strip along the entire frontage of Valley Center Road and along North 27th Avenue except
at access points approved by City Engineering.
Capacity: According to Existing Major Street Network and Future Right-of-Way Corridor Needs of
the Greater Bozeman Area Transportation Plan (Figure 11-6 and 11-7), Valley Center Road is
designated as a Major Arterial, and North 27th Avenue is designated as a Collector. These streets will
have to be improved to COB standards.
Traffic Generation: A Traffic Impact Study for the Eastlake Minor Subdivision has been provided to
and reviewed by the City Engineer’s office. Based on the study this subdivision at build out will
generate as many as 1,888 average weekday trips.
Trails: According to the Trail Map of the Bozeman 2020 Plan (Figure 9-1) and the Bozeman Area
Trail Network of the Greater Bozeman Area Transportation Plan (Figure 6-5), there is a future
boulevard trail along the south side of Valley Center Road.
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Bicycle and Pedestrian Pathways, Lanes and Routes: According to Bike Route Network of the
Greater Bozeman Area Transportation Plan (Figures 6-3 and 6-4) and the Recommended Street
Standards of the Greater Bozeman Area Transportation Plan (Figures 11-2, 11-3 and 11-4), bike and
pedestrian facilities are required along Valley Center Road and North 27th Avenue.
M. Utilities:
No concerns were mentioned from any of the private agencies regarding the provision of service to
the proposed subdivision. All utilities servicing the subdivision will be provided by underground
services.
N. Educational Facilities:
Not applicable.
O. Land Use:
This subdivision includes 5 lots for commercial development.
P. Parks and Recreation Facilities:
Not applicable.
Q. Neighborhood Center Plan:
Not applicable.
R. Lighting Plan.
Subdivision street lighting information was provided for review and approval of staff. The subdivider
will be responsible for installation of the street lights. The property owners’ association will be
responsible for operation and maintenance.
S. Miscellaneous:
The proposed subdivision is not adjacent to any public lands.
On or near the subdivision, there is no known health, safety hazards or other nuisances, such as
unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with
seismic activity.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve, or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice
and recommendation, and additional information demonstrates that development of the subdivision
complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and other
adopted state and local ordinances, including, but not limited to, applicable zoning requirements. The
Montana Subdivision and Platting Act, Section 76-3-608, establishes the following primary review
criteria for the governing body to consider when evaluating subdivisions. Planning Staff, the DRC, the
WRB, the R&PAB Subdivision Review Committee and other reviewing agencies have made
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comments in relation to those and other criteria as described below, and have recommended
conditions as outlined at the end of this Staff Report.
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment, wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
Approximately 6 acres of the property is in grain production. Due to the small size and infill
location of the property, there is no significant impact on agricultural production.
2. Effects on Agricultural Water User Facilities.
Not applicable. There are no agricultural water user facilities on the site.
3. Effects on Local Services.
Water/Sewer: The standard code requirements apply, including the requirements for plans
and specifications, detailed design reports, and engineering services for construction
inspection, post-construction certification and preparation of mylar record drawings applies.
No building permits will be issued prior substantial completion and City acceptance of
required water and sewer infrastructure improvements, unless otherwise permitted under the
BMC. Water and sewer main extensions must be completed or financially guaranteed prior to
final plat approval.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. In keeping with the City’s annexation policy, water rights or cash-in-lieu must
be paid prior to final plat approval.
Police/Fire: The property is within the City’s Police and Fire emergency response area. The
subdivider must obtain addresses for the new lots from the City Engineering Division prior to
filing of the final plat to facilitate fire and police response to the site.
Streets: Access to the subdivision will be from the existing North 27th Avenue, future Eastlake
Road, and interior public access easements. . The standard code requirements apply, including
the requirements for plans and specifications, detailed design reports, and engineering services
for construction inspection, post-construction certification and preparation of mylar record
drawings applies. No building permits will be issued prior substantial completion and City
acceptance of required street infrastructure improvements, unless otherwise permitted under
the BMC. Street improvements, including lighting, must be completed or financially
guaranteed prior to final plat approval.
Stormwater Management: The standard requirement for a Stormwater Master Plan applies to
this project. The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No building
permits will be issued prior substantial completion and City acceptance of required
stormwater infrastructure improvements, unless otherwise permitted under the BMC.
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Stormwater improvements must be completed or financially guaranteed prior to final plat
approval.
4. Effects on the Natural Environment.
Applicant has entered into an agreement for a Noxious Weed Management and Revegetation
Plan with the Gallatin County Weed Board. A Memorandum of Understanding must be
entered into with the County Weed Board prior to submittal of the final plat.
Based on the geotechnical information provided, staff is recommending that the following
note shall be included on the final plat: “Buildings proposed for construction with crawl
spaces or basements shall include Engineer Certification regarding depth of ground water and
soil conditions and proposed mitigation methods to be submitted with each Building Permit.
The Final Plat shall include a notation that due to high ground water conditions full or partial
basements are not recommended.”
5. Effects on Wildlife and Wildlife Habitat.
Due to the small size and infill location of the property, no significant adverse effects on
wildlife or their habitat have been identified on the property.
6. Effects on Public Health and Safety.
Because municipal sewer will service future development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property. The intent of the
regulations in the Bozeman Municipal Code is to protect the public health, safety and general
welfare. The subdivision has been reviewed and determined to be in general compliance with
the title. Any other conditions deemed necessary to ensure compliance have been noted
throughout this staff report.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Montana
Subdivision and Platting Act and was filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The
following requirements are standards of the Bozeman Municipal Code and shall be addressed
on the final plat:
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a. Pursuant to 18.48.070, the subdivider shall be responsible for landscaping of the public
right-of-way boulevard strips along all external perimeter development streets and
adjacent to open space areas.
b. Per Chapter 18.72 of the Bozeman Municipal Code, covenants, restrictions, and articles
of incorporation for the creation of a property owners’ association shall be submitted with
the final plat application for review and approval by the Planning Department and shall
contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep
of common open space areas, public parkland/open space corridors, stormwater facilities,
public trails, snow removal, and other areas and facilities common to the association.
c. Per Section 18.72.030 of the Bozeman Municipal Code, covenants shall include a
common area and facility maintenance plan and guarantee providing for the permanent
care and maintenance of all common areas and facilities, including but not limited to open
spaces, recreational areas, stormwater facilities, streets, trails, community centers and
parking lots. The same shall be submitted to the city attorney and shall not be accepted
by the city until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Planning Department at least 30 days prior to
submittal of the final plat.
d. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include four (4) signed reproducible copies on
a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1)
PDF copy; and five (5) paper prints.
e. Pursuant to Section 18.06.040.D.6, conditional approval of the Preliminary Plat shall be in
force for not more than one calendar year for minor subdivisions, two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date, the subdivider may submit a letter of request for the extension of the
period to the Planning Director for the City Commission’s consideration. The City
Commission may, at the written request of the subdivider, extend its approval for no more
than one calendar year, except that the City Commission may extend its approval for a
period of more than one year if that approval period is included as a specific condition of
a written subdivision improvements agreement between the City Commission and the
subdivider, provided for in §18.74.060, BMC.
f. If it is the subdivider’s intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion of
all improvements in accordance with the Preliminary Plat submittal information and
conditions of approval. If the Final Plat is filed prior to the installation of all
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improvements, the subdivider shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining improvements.
g. 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 has been
satisfactorily addressed, and shall include a digital copy (pdf) of the entire Final Plat
submittal. This narrative shall in sufficient detail to direct the reviewer to the appropriate
plan, sheet, note, covenant, etc. in the submittal.
h. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease and other pollutants from the runoff from the private and public
streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision
to transport runoff to the stormwater receiving channel. The plan shall include
sufficient site grading and elevation information (particularly for the basin site,
drainage ways and finished lot grades), typical stormwater detention/retention basin
and discharge structure details, basin sizing calculations and a stormwater
maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the FSP for each lot.
i. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided
to and approved by the City Engineer and the Montana Department of Environmental
Quality. The Applicant shall 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 pre-construction conference
has been conducted. All plans and specification shall comply with the current version
(including all addenda) of the City of Bozeman Design Standards and Specifications
Policy and the City of Bozeman Modifications To Montana Public Works Standard
Specifications Fifth Edition that have been adopted at the time of approval of the plans
and specifications.
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No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
j. All infrastructure improvements including, but not necessarily limited to 1) water and
sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open
space, rear yard frontages or other non-lot frontages, and related storm drainage
infrastructure improvements shall be financially guaranteed or constructed prior to Final
Plat approval.
k. City standard residential sidewalks shall be constructed on all public street frontages of a
property (unless another type of transportation pathway is determined to be more
appropriate) prior to occupancy of any structure on the property. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner who has
not constructed said sidewalk shall, without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether other improvements have been made upon
the lot. This condition shall be included on the final plat for the subdivision.
l. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
m. Floodplain:
1. A Floodplain Development Permit must be obtained from the City Engineer prior to
construction within the floodplain boundary.
2. The 100 year flood plain boundary and flood elevations must be depicted on the Final
Plat.
3. All buildings must be flood proofed to at least 2' above the 100 year flood elevation.
Elevation Certificates must be provided for each building following completion of
construction.
n. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to FSP approval.
o. Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be
less than 10 feet from the edge of easement.
p. Phasing shall be clearly defined including installation of infrastructure.
q. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
r. Street names must be approved by the City Engineering Department and County Road
Office prior to Final Plat approval.
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s. If construction activities related to the project result in the disturbance of more that 1
acre of natural ground, an erosion/sediment control plan may be required. The
Montana Department of Environmental Quality, Water Quality Bureau, shall be
contacted by the Applicant to determine if a Storm Water Discharge Permit is
necessary. If required by the WQB, an erosion/sediment control plan shall be prepared
for disturbed areas of 1 acre or less if the point of discharge is less than 100' from
State Waters.
t. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of
the Bozeman Municipal Code. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the
approved routes.
u. All construction activities shall comply with section 18.74.020.A.2. of the Bozeman
Municipal Code. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under
this section at any time during the construction to ensure any damages or cleaning that
are required are complete. The developer shall be responsible to reimburse the City
for all costs associated with the work if it becomes necessary for the City to correct
any problems that are identified.
v. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
A preliminary plat application was submitted on October 31, 2007. The required acceptability
letter was sent on November 7, 2007. The preliminary plat was reviewed by the DRC on
November 14, 21, and 28, 2007. On November 28, 2007, the DRC forwarded a conditional
recommendation for consideration by the Planning Board and City Commission. A letter
addressing the inadequacy of the submittal was mailed on November 30, 2007. Additional
submittal material was received on December 11, 2007. The required adequacy letter was
mailed on December 17, 2007.
The hearings before the Planning Board and the City Commission have been properly noticed,
as required in the Bozeman Municipal Code. Public notice for this application was placed in
the Bozeman Daily Chronicle on Sunday, December 30, 2007. The site was posted with a
public notice on December 28, 2007. Finally, notice was sent to adjacent property owners via
certified mail, and to other property owners of record within 200 feet of the subject property
via first class mail, on December 28, 2007.
The subdivision staff report was drafted and forwarded with a recommendation of conditional
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approval to the Planning Board for consideration at its January 15, 2008, public hearing. The
City Commission will make a final decision at the February 4, 2008, public hearing. A final
decision for a subsequent minor subdivision from a tract of record must be made within 60
working days of the date it was deemed adequate or in this case by March 14, 2008.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access from dedicated public streets or public
access easements.
PUBLIC COMMENT
No public comment has been received to date. Any public comments received after the date of this
report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL
1. The property owners dependent on the sewage lift station shall be responsible for its operation
and maintenance.
2. All common facilities, such as the lift station and stormwater facilities shall be located on
separate parcels of commonly owned land.
3. A property owners association shall be established and incorporated for ownership, operation
and maintenance of all common areas and facilities.
4. Notes shall be included on the plat describing ownership and maintenance responsibility for all
parks, open space and/or other common facilities and areas, e.g.: public park, dedicated to the
city and maintained by the property owners association; and open space, public access, owned
by the property owners, maintained by the property owners association, etc. Park land, open
space areas and storm water facilities shall not be titled as lots or tracts but shall be numbered.
5. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Valley Center
Road and along North 27th Avenue except at access points approved by City Engineering in
accordance with 18.44.090.D.3.
6. “No parking” along North 27th Avenue and Valley Center Road shall be noted on the final
subdivision plat and in the covenants and restrictions for the property owners’ association.
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7. The subdivider shall install sidewalks (unless another type of transportation pathway is
determined to be more appropriate) along North 27th Avenue in accordance with City
specifications.
8. The subdivider shall install a 10-foot wide concrete pedestrian boulevard trail (unless another
type of transportation pathway is determined to be more appropriate) along Valley Center
Road (subject to MDOT review and approval) in accordance with City specifications. If
MDOT does not allow installation within the right-of-way, then the trail shall be installed in a
public access easement within the 50-foot entryway corridor setback. This trail shall be
privately maintained.
9. The subdivider shall install bike lanes (unless another type of transportation pathway is
determined to be more appropriate) along North 27th Avenue in accordance with City
specifications if that is the design previously approved for adjacent properties.
10. Due to access control, block length may exceed 400 feet. The subdivider shall install the
pedestrian walkway (sidewalk) along the south side of Lots 1 and 4 within a public access
easement.
11. The covenants shall address street trees, and shall include a planting note stating that the
planting hole shall be at least twice the diameter of the root ball, that the root flare of the
newly planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in
diameter around each newly planted boulevard tree.
12. In accordance with Section 18.80.2750, all required yard setbacks shall be measured from the
edge of the public access easements, not the lot line in the center of the easement. A note to
this effect shall be placed on the subdivision plat.
13. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and
approval with the public improvements plans and specifications.
14. Unless an equivalent means of operation and maintenance is approved by the City of
Bozeman, street lighting SILD information for operation and/or maintenance shall be
submitted to the Clerk of Commission directly after Preliminary Plat approval in hard copy
and digital form. The final plat will not be deemed complete until the resolution to create the
SILD has been approved by the City Commission.
15. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat.
16. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation
that due to high ground water conditions full or partial basements are not recommended.
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# P-07046 Eastlake Commercial Center Subdivision: Planning Department Staff Report 14 of 15 pages
17. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report
may address those lots within the proposed phase.
18. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
19. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
20. The full section of Eastlake Road shall be constructed across the south frontage of the
subdivision, including asphalt, curb/gutter on both sides and sidewalk on the north side.
21. Recommended improvements to the Max/Catron and N. 27th/Catron intersections as outlined
in the Traffic Impact Study submitted with the Preliminary Plat application shall be installed by
the subdivider, or financially guaranteed, prior to Final Plat approval.
22. A temporary stormwater retention pond shall be constructed to capture runoff from the
eastern portion of Eastlake Road not draining to the subdivision detention pond. The pond
shall be located within a temporary stormwater easement on the neighboring property, or
within a common open space parcel.
23. The existing utility easement along the abandoned Roxy Lane right-of-way shall be released
and reconveyed per a separately recorded instrument prior to Final Plat approval.
24. Easements for public water/sewer utilities shall be labeled “water and sewer utility easement”
upon the Final Plat.
25. Lot accesses shall be constructed in accordance with the City’s standard approach detail and
shall be shown as such on the infrastructure plans.
26. The sewer lift station and forcemain shall be reviewed and approved by the City of Bozeman
with the infrastructure plans. The lift station shall be privately maintained through the
subdivision association.
27. City Standard dead-end barricades shall be installed at the end of Eastlake Road.
28. The full section of N. 27th Avenue, built to match the existing section to the south, shall be
constructed across the west frontage of the subdivision, including asphalt, curb/gutter on both
sides and sidewalk on the east side.
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# P-07046 Eastlake Commercial Center Subdivision: Planning Department Staff Report 15 of 15 pages
29. All internal drive access shall be constructed or financially guaranteed prior to filing of the
plat, but in no case will building permits be issued prior to construction of the internal
accesses.
CONCLUSION / RECOMMENDATION
Pursuant to Section 18.06.040.D of the Bozeman Municipal Code, the Planning Board shall review
the preliminary plat and supplementary information to determine if the proposed plat is in compliance
or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend
approval, conditional approval or denial of the preliminary plat application. The Board shall then
provide advice and comments to the Bozeman City Commission for its consideration at its Monday,
February 4, 2008, hearing which begins at 6:00 p.m. The Planning Board Resolution #P-07046 and
minutes from the Planning Board’s January 15, 2008, meeting will be forwarded to the City
Commission and made a part of the Commission’s record.
BECAUSE THIS APPLICATION IS FOR A SUBSEQUENT MINOR SUBDIVISION, THE
BOZEMAN PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE
BOZEMAN CITY COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL
DECISION ON THIS APPLICATION. THE DECISION OF THE CITY COMMISSION
MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN CHAPTER 18.66
OF THE BOZEMAN MUNICIPAL CODE.
cc: Warner Pacific Properties, LLC, Michael Odell, 77 South Sierra Madre Blvd, Ste 9,
Pasadena, CA 91107.
TD&H Engineering, Inc., 215 W. Mendenhall, Ste C-1, Bozeman, MT 59715.
Intrinsik Architecture, Inc., 111 North Tracy Avenue, Bozeman, MT 59715.
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RESOLUTION #P-07046
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A SUBDIVISION PRELIMINARY PLAT APPLICATION
ON ~ 7.65 ACRES TO BE SUBDIVIDED INTO 5 COMMERCIAL LOTS, STREETS, AND
COMMON AREAS. THE PROPERTY IS ZONED B-2 (COMMUNITY BUSINESS
DISTRICT), AND IS LOCATED SOUTHEAST OF THE INTERSECTION OF VALLEY
CENTER ROAD AND NORTH 27TH AVENUE. THE PROPERTY IS LEGALLY
DESCRIBED AS LOT 1A OF MINOR SUBDIVISION NO. 221E, SITUATED IN THE
SOUTHWEST ¼ OF SECTION 26, T1S, R5E, PMM, CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the owner, Warner Pacific Properties, LLC, Michael Odell, 77 South Sierra
Madre Blvd, Suite 9, Pasadena, CA 91107; applicant, TD&H Engineering, Inc., 215 W. Mendenhall,
Suite C-1, Bozeman, MT 59715; represented by Intrinsik Architecture, Inc., 111 North Tracy
Avenue, Bozeman, MT 59715, submitted a Subdivision Preliminary Plat Application on ~ 7.65 acres
to be subdivide into 5 commercial lots, streets, and common areas on property legally described as
Lot 1A of Minor Subdivision No. 221E, situated in the Southwest ¼ of Section 26, T1S, R5E, PMM,
City of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the
Bozeman Municipal Code; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, January
15, 2008, to receive and review all written and oral testimony on the request for said Subdivision
Preliminary Plat Application; and
WHEREAS, the City of Bozeman Planning Staff presented the staff report on the request for
said Subdivision Preliminary Plat Application; and
WHEREAS, the applicant described the application, indicated their agreement to all
conditions, and requested changes to clarify Conditions #7, #20 and #22; and
WHEREAS, the applicant requested that Condition #7 be amended as follows: “The
subdivider shall install sidewalks (unless another type of transportation pathway is determined to be
more appropriate) along the east side of North 27th Avenue in accordance with City specifications.”;
and
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WHEREAS, the applicant requested that Condition #20 be amended as follows: “All
improvements shown on the ‘Utility Master Plan’ exhibit submitted with the Preliminary Plat
application shall be installed by the subdivider, or financially guaranteed, prior to Final Plat approval.
A note shall be added to the ‘Utility Master Plan’ clarifying that sidewalks on the west side of
North 27th Avenue and interior pedestrian sidewalks (except as required with Condition #10
and along Eastlake Road) will be installed with future development.”; and
WHEREAS, the applicant requested that Condition #22 be amended as follows: “A temporary
stormwater retention pond shall be constructed if required by the Stormwater Study to capture
runoff from the eastern portion of Eastlake Road not draining to the subdivision detention pond. The
pond shall be located within a temporary stormwater easement on the neighboring property, or within
a common open space parcel.”; and
WHEREAS, no members of the public were present speaking in favor of or opposition to said
Subdivision Preliminary Plat; and
WHEREAS, members of the City of Bozeman Planning Board discussed the detailed
stormwater information provided, floodplain location and the requirement for permits; and
WHEREAS, members of the City of Bozeman Planning Board discussed location and type of
pedestrian facilities, the private lift station, and inclusion in the Valley Center SID; and
WHEREAS, members of the City of Bozeman Planning Board discussed the well laid out and
conceived site design, the use of shared connections, and the potential for the use of shared parking;
and
WHEREAS, members of the City of Bozeman Planning Board discussed applicant’s requested
changes to clarify Conditions #7, #20 and #22; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that the Subdivision Preliminary
Plat Application would comply with those requirements with the recommended conditions of
approval; and
WHEREAS, the City of Bozeman Planning Board, on a vote of 7 to 0, recommends that
Condition #7 be amended as follows: “The subdivider shall install sidewalks (unless another type of
transportation pathway is determined to be more appropriate) along the east side of North 27th
Avenue in accordance with City specifications.”; and
WHEREAS, the City of Bozeman Planning Board, on a vote of 7 to 0, recommends that
Condition #20 be amended as follows: “All improvements shown on the ‘Utility Master Plan’ exhibit
submitted with the Preliminary Plat application shall be installed by the subdivider, or financially
guaranteed, prior to Final Plat approval. A note shall be added to the ‘Utility Master Plan’
clarifying that sidewalks on the west side of North 27th Avenue and interior pedestrian
sidewalks (except as required with Condition #10 and along Eastlake Road) will be installed
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with future development.”; and
WHEREAS, the City of Bozeman Planning Board, on a vote of 7 to 0, recommends that
Condition #22 be amended as follows: “A temporary stormwater retention pond shall be constructed
if required by the Stormwater Study to capture runoff from the eastern portion of Eastlake Road
not draining to the subdivision detention pond. The pond shall be located within a temporary
stormwater easement on the neighboring property, or within a common open space parcel.”; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a
vote of 7 to 0, recommends to the Bozeman City Commission that the ~ 7.65 acres to be subdivided
into 5 commercial lots, streets, and common areas on property zoned B-2 (Community Business
District), which is located southeast of the intersection of Valley Center Road and North 27th Avenue,
on property legally described as Lot 1A of Minor Subdivision No. 221E, situated in the Southwest ¼
of Section 26, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana, be approved with the
27 conditions which follow; and
1. The property owners dependent on the sewage lift station shall be responsible for its operation
and maintenance.
2. All common facilities, such as the lift station and stormwater facilities shall be located on separate
parcels of commonly owned land.
3. A property owners association shall be established and incorporated for ownership, operation and
maintenance of all common areas and facilities.
4. Notes shall be included on the plat describing ownership and maintenance responsibility for all
parks, open space and/or other common facilities and areas, e.g.: public park, dedicated to the
city and maintained by the property owners association; and open space, public access, owned by
the property owners, maintained by the property owners association, etc. Park land, open space
areas and storm water facilities shall not be titled as lots or tracts but shall be numbered.
5. A 1’ No Access Strip shall be shown on the plat along the entire frontage of Valley Center Road
and along North 27th Avenue except at access points approved by City Engineering in accordance
with 18.44.090.D.3.
6. “No parking” along North 27th Avenue and Valley Center Road shall be noted on the final
subdivision plat and in the covenants and restrictions for the property owners’ association.
7. The subdivider shall install sidewalks (unless another type of transportation pathway is determined
to be more appropriate) along the east side of North 27th Avenue in accordance with City
specifications. (As amended by Planning Board)
8. The subdivider shall install a 10-foot wide concrete pedestrian boulevard trail (unless another type
of transportation pathway is determined to be more appropriate) along Valley Center Road
(subject to MDOT review and approval) in accordance with City specifications. If MDOT does
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not allow installation within the right-of-way, then the trail shall be installed in a public access
easement within the 50-foot entryway corridor setback. This trail shall be privately maintained.
9. The subdivider shall install bike lanes (unless another type of transportation pathway is
determined to be more appropriate) along North 27th Avenue in accordance with City
specifications if that is the design previously approved for adjacent properties.
10. Due to access control, block length may exceed 400 feet. The subdivider shall install the
pedestrian walkway (sidewalk) along the south side of Lots 1 and 4 within a public access
easement.
11. The covenants shall address street trees, and shall include a planting note stating that the planting
hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted
tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter around each
newly planted boulevard tree.
12. In accordance with Section 18.80.2750, all required yard setbacks shall be measured from the
edge of the public access easements, not the lot line in the center of the easement. A note to this
effect shall be placed on the subdivision plat.
13. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light
locations and specifications shall be provided to the City Engineer for review and approval with
the public improvements plans and specifications.
14. Unless an equivalent means of operation and maintenance is approved by the City of Bozeman,
street lighting SILD information for operation and/or maintenance shall be submitted to the Clerk
of Commission directly after Preliminary Plat approval in hard copy and digital form. The final
plat will not be deemed complete until the resolution to create the SILD has been approved by the
City Commission.
15. Water rights, or if water rights are not available cash-in-lieu thereof, as calculated by the City
Engineer, is due with the final plat.
16. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
17. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases, the soils report may
address those lots within the proposed phase.
18. All plans and specification shall comply with the current version (including all addenda) of the
City of Bozeman Design Standards and Specifications Policy and the City of Bozeman
Modifications To Montana Public Works Standard Specifications Fifth Edition that have been
adopted at the time of approval of the plans and specifications.
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19. The final plat shall comply with the standards identified and referenced in the Bozeman Municipal
Code. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
20. All improvements shown on the ‘Utility Master Plan’ exhibit submitted with the Preliminary Plat
application shall be installed by the subdivider, or financially guaranteed, prior to Final Plat
approval. A note shall be added to the ‘Utility Master Plan’ clarifying that sidewalks on the
west side of North 27th Avenue and interior pedestrian sidewalks (except as required with
Condition #10 and along Eastlake Road) will be installed with future development. (As
amended by Planning Board)
21. Recommended improvements to the Max/Catron and N. 27th/Catron intersections as outlined in
the Traffic Impact Study submitted with the Preliminary Plat application shall be installed by the
subdivider, or financially guaranteed, prior to Final Plat approval.
22. A temporary stormwater retention pond shall be constructed if required by the Stormwater
Study to capture runoff from the eastern portion of Eastlake Road not draining to the subdivision
detention pond. The pond shall be located within a temporary stormwater easement on the
neighboring property, or within a common open space parcel. (As amended by Planning Board)
23. The existing utility easement along the abandoned Roxy Lane right-of-way shall be released and
reconveyed per a separately recorded instrument prior to Final Plat approval.
24. Easements for public water/sewer utilities shall be labeled “water and sewer utility easement”
upon the Final Plat.
25. Lot accesses shall be constructed in accordance with the City’s standard approach detail and shall
be shown as such on the infrastructure plans.
26. The sewer lift station and forcemain shall be reviewed and approved by the City of Bozeman with
the infrastructure plans. The lift station shall be privately maintained through the subdivision
association.
27. City Standard dead-end barricades shall be installed at the end of Eastlake Road.
DATED THIS 15th DAY OF JANUARY, 2008 Resolution #P-07046
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President
Planning & Community Development Dept. City of Bozeman Planning Board
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MINUTES
CITY OF BOZEMAN PLANNING BOARD,
CITY HALL, COMMISSION MEETING ROOM
411 EAST MAIN STREET
TUESDAY, JANUARY 15, 2008
ITEM 1. CALL TO ORDER AND ATTENDANCE
President JP Pomnichowski called the regular meeting of the Planning Board to order at 7:04 p.m.
and directed the secretary to take attendance.
Members Present: Members Absent:
JP Pomnichowski, President William Quinn (excused)
Eric Roset Kaaren Jacobson (excused)
Randy Carpenter
Erik Henyon
Edward Sypinski
Caren Roberty
Brian Caldwell
Staff Present: Guests Present:
Lanette Windemaker, Contract Planner Susan Kozub
Shoni Dykstra, Planning Secretary Keith Waring
Rob Pertzborn
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not
scheduled on this agenda. Three-minute time limit per speaker.}
Seeing there was none, President Pomnichowski closed this portion of the meeting.
ITEM 3. MINUTES
1. December 18, 2007
President Pomnichowski noted the following corrections for the minutes of December 18, 2007,
scare should be scarce and statues should be statutes. Seeing no other changes, additions or
corrections to the minutes, President Pomnichowski stated the minutes of December 18, 2007
would stand as corrected.
2. January 2, 2008
Seeing there were no changes, additions or corrections to the minutes, President Pomnichowski
stated that the minutes from January 2, 2008 would stand as written.
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ITEM 4. PROJECT REVIEW
1. Subdivision Preliminary Plat Application #P-07046 (Eastlake Commercial
MiSub) - A Minor Subdivision Preliminary Plat Application on behalf of the
owner, Warner Pacific Properties, LLC, and the representative, Intrinsik
Architecture, Inc, to allow the subdivision of 7.65 acres into five lots for B-2
(Community Business District) development. The property is legally described as
Lot 1A of Corrected Plat of Lots 1 & 2 of Minor Subdivision No. 221, Section 26,
T1S, R5E, City of Bozeman, Gallatin County, Montana. (Windemaker)
Staff Report:
Contract Planner Lanette Windemaker presented the staff report for Eastlake Commercial Center
Minor Subdivision. She noted the application was to subdivide 7.65 acres into five commercial
lots. She noted the property was located at the southeast corner of Valley Center Road and North
27th Avenue. She noted that the property bordered the section of North 27th Avenue which is still
gravel. She stated the lots faced Valley Center Road on the north, North 27th Avenue on the west,
and Eastlake Road on the south. She noted the interior traffic driveways would make it function
as a coordinated commercial area. No public comment has been received to date.
Applicant Presentation:
Susan Kozub, Intrinsik Architecture, noted the applicant generally agreed to all the recommended
conditions in the staff report. She handed out and described three clarifications to Staff
conditions. The applicant would like Condition 7 to read “The subdivider shall install sidewalks
(unless another type of transportation pathway is determined to be more appropriate) along the
east side of North 27th Avenue in accordance with city specifications.” The applicant would like
to see Condition 20 read, “All improvements shown on the ‘Utility Master Plan’ exhibit submitted
with the Preliminary Plat application shall be installed by the subdivider, or financially guaranteed,
prior to Final Plat Approval. A note shall be added to the ‘Utility Master Plan’ clarifying that
sidewalks on the east side of North 27th Avenue and interior pedestrian sidewalks (except as
required with Condition 10) will be installed with future development.” The final
clarification was for Condition 22 to read, “A temporary stormwater retention pond shall be
constructed if required by the Stormwater Study to capture runoff from the eastern portion of
Eastlake Road not draining to the subdivision detention pond. The pond shall be located within a
temporary stormwater easement on the neighboring property, or within a common open space
parcel.”
Questions for Applicant and Staff:
Erik Henyon noted the applicant had included an unusual amount of information pertaining to
stormwater, and he sought clarification on the purpose of that. Keith Waring noted they included
what was required for the application, and the owners wanted to move forward with the project
as soon as possible.
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Brian Caldwell asked the applicant to explain what lots were affected by the clarification on
Condition 20. Mr. Waring noted it would affect lots 1, 2, and 3. He noted the condition should
read “sidewalks on the west side of North 27th Avenue” rather than “sidewalks on the east side of
North 27th Avenue”.
Ed Sypinski sought clarification on the application’s compliance with entryway corridor
requirements. Planner Windemaker noted that the current application was not a being presented
for site plan design and would be reviewed under those requirements later, but she also noted that
the application was currently in compliance with those standards.
Randy Carpenter asked Staff to address the clarifications on the conditions. Planner Windemaker
noted she would like the clarification of Condition 20 to read, “All improvements shown on the
‘Utility Master Plan’ exhibit submitted with the Preliminary Plat application shall be installed by
the subdivider, or financially guaranteed, prior to Final Plat Approval. A note shall be added to
the ‘Utility Master Plan’ clarifying that sidewalks on the west side of North 27th Avenue
and interior pedestrian sidewalks (except as required with Condition 10 and along Eastlake
Road) will be installed with future development.” She noted the Utility Master Plan had
depicted sidewalks on both sides of the street, but the applicant would only be held responsible
for the sidewalk on the east side.
President Pomnichowski sought clarification on the floodplain and its location in regards to the
setback. Planner Windemaker noted the 10 foot concrete walk would probably be built within the
50 foot setback around the floodplain, and the applicant would have a permit if required. Planner
Windemaker also noted the detention pond was in the area President Pomnichowski was
referencing so no sidewalks would be in that particular area.
President Pomnichowski sought clarification for the parking plan for each of the lots. Ms. Kozub
noted that each building had its own parking calculations, but they had the option to design the
parking to be shared.
President Pomnichowski asked Staff to address the lift station requirements. Planner Windemaker
noted the lift station would be private and would serve only the five lots in the subdivision.
Public Comment
Seeing there was none, President Pomnichowski closed this portion of the meeting.
Discussion
Mr. Caldwell noted his desire to see the stormwater retention pond to be designated as a separate
parcel. He feels the application meets the design objectives well. He also noted the parking and
interconnectivity of parking proposed with the application.
President Pomnichowski stated her appreciation of the applicant’s willingness to participate in
completing the road requirements.
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Motion and Vote
It was moved by Mr. Henyon, seconded by Eric Roset, to approve the clarification of Condition 7
to read, “The subdivider shall install sidewalks (unless another type of transportation pathway is
determined to be more appropriate) along the east side of North 27th Avenue in accordance with
city specifications”. Those voting Aye being Mr. Henyon, Mr. Roset, Mr. Carpenter, Mr.
Sypinski, Mr. Caldwell, Caren Roberty, and President Pomnichowski. Those voting no being
none. The motion carried 7-0.
It was moved by Mr. Roset, seconded by Ms. Roberty, to approve the clarification of Condition
20 to read, “All improvements shown on the ‘Utility Master Plan’ exhibit submitted with the
Preliminary Plat application shall be installed by the subdivider, or financially guaranteed, prior to
Final Plat Approval. A note shall be added to the ‘Utility Master Plan’ clarifying that sidewalks on
the west side of North 27th Avenue and interior pedestrian sidewalks (except as required with
Condition 10 and along Eastlake Road) will be installed with future development.” Those voting
Aye being Mr. Roset, Ms. Roberty, Mr. Henyon, Mr. Carpenter, Mr. Sypinski, Mr. Caldwell, and
President Pomnichowski. Those voting no being none. The motion carried 7-0.
It was moved by Mr. Caldwell, seconded by Mr. Roset, to approve the clarification of Conditional
22 to read, “A temporary stormwater retention pond shall be constructed if required by the
Stormwater Study to capture runoff from the eastern portion of Eastlake Road not draining to the
subdivision detention pond. The pond shall be located within a temporary stormwater easement
on the neighboring property, or within a common open space parcel.”
President Pomnichowski sought clarification for how the condition could require an easement on
the neighboring property. Planner Windemaker noted it was not a requirement, but an option that
may be available. Mr. Waring noted he had discussed another alternative with Engineering, but
the main clarification was the pond would only be constructed if the study required the mitigation.
Those voting Aye being Mr. Caldwell, Mr. Roset, Ms. Roberty, Mr. Henyon, Mr. Carpenter, Mr.
Sypinski, and President Pomnichowski. Those voting no being none. The motion carried 7-0.
It was moved by Mr. Caldwell, seconded by Mr. Sypinski, to recommend approval of the Eastlake
Commercial Minor Subdivision Preliminary Plat Application #P-07046 to the City Commission as
outlined in the Staff Report and amended by the Planning Board. Those voting Aye being Mr.
Caldwell, Mr. Sypinski, Mr. Roset, Ms. Roberty, Mr. Henyon, Mr. Carpenter, and President
Pomnichowski. Those voting no being none. The motion carried 7-0.
ITEM 5. NEW BUSINESS
1. Planning Board By-laws as proposed on January 2, 2008.
The Planning Board discussed the proposed amendments and decided to add language to clarify
when appointments of officers would be made. The proposed by-laws will be an action item on
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the next agenda.
President Pomnichowski noted the deadline to apply for the planning board for the upcoming
terms was January 16, 2008.
Mr. Caldwell noted the creation of the new advisory board and the updated process. He also
noted his desire to see the application process become more digitalized. Mr. Henyon also noted
his frustration when trying to find minutes from previous planning board meetings.
Ms. Roberty noted that she would not be able to make the February 5th meeting. Mr. Henyon
noted he would not be able to make the February 20th meeting.
ITEM 6. ADJOURNMENT
Seeing there were no further issues before the Board, President Pomnichowski adjourned the
meeting at 8:00 p.m.
__________________________________ __________________________________
JP Pomnichowski, Chair Andrew C. Epple, Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
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Eastlake Commercial Center Vicinity Map
N
Valley
C
ent
er
R
oad
North27thAvenueEastlake Road
Full
Access
Partial
Access
50’Entryw
ay
C
orridorSetback
New local street to continue
east with future development
Lot 1
1 Acre
Lot 2
0.9 Acres
Lot 3
0.9 Acres
Lot 5
2.3 Acres
To Interstate 90
Please refer to the Preliminary Plat for exact information regarding
lot dimensions, lot areas, and plan details. Landscaping is shown
for graphic presentation purposes only.
Lot 4
0.8 Acres
Conceptual Subdivision Layout
Bozeman Montana
October 2007
10’
Wide
Boulevard
Trail
Common Lot
0.05 acres
Adjacent property zoned
R-O (Residential Office)
NTS
Adjacent property
zoned B-2
(Community
Commercial) Temporary 20’ Gravel Fire Access Road Shared 24’ Drive Access
Lift
Station
Area
Valley
Cent
er
R
oad
North27thAvenueEastlake Road
Full
Access
Partial
Access
50’Entryw
ay
C
orridorSetback
Lift
Station
Area
New local street to continue
east with future development
Plaza
Plaza
Plaza OutdoorSeatingLot 1
1 Acre
Lot 2
0.9 Acres
Lot 3
0.9 Acres
Lot 5
2.3 Acres
Terrace
Adjacent property
zoned B-2
(Community
Commercial)
To Interstate 90
Adjacent property zoned
R-O (Residential Office)
This conceptual layout is designed to provide basic building, access, and parking
layouts. All development is subject to Eastlake Commercial Center Design Guide-
lines and the City of Bozeman Design Objectives Plan and Site Plan review.
Lot 4
0.8 Acres
Conceptual Master Plan
Bozeman Montana
October 2007
10’
W
ide
Boulevard
Trail
Common Lot
0.05 acres
NTS
N
Vegetation MapSubjectProperty