HomeMy WebLinkAboutLower Yards- Human Resource Development Council
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Lower Yards/HRDC First Minor Subdivision with Variances Application -
#P-09004
MEETING DATE: August 3, 2009
AGENDA ITEM TYPE: Action-Public Hearing
RECOMMENDATION: That the City Commission take separate action on each of the seven
variance requests to the Bozeman Municipal Code, and then take final action on the overall
subdivision application.
The 8 separate action items are as follows:
Variance #1: Section 18.44 and 18.42.150 - To allow the development of the subject
subdivision without compliance with Section 18.44, which specifies required
upgrades to adjacent streets including street lighting under Section
18.42.150.C for North Rouse Avenue. (See pg. 11 of Staff Report for item
comments)
Variance #2: Section 18.44 and 18.42.150 - To allow the development of the subject
subdivision without compliance with Section 18.44, which specifies required
upgrades to adjacent streets including street lighting under Section
18.42.150.C for East Griffin Drive. (See pg. 12 of Staff Report for item
comments)
Variance #3: Section 18.42.080.D - To allow the development of the subject subdivision
with a stormwater detention area located on a private lot and not on a
common/separate lot. (See pg. 13 of Staff Report for item comments)
Variance #4: Section 18.06.040.D.1 and 18.44.090.B.2 – To allow the development of the
subject subdivision without physical access. (See pg. 14 of Staff Report for item
comments)
Variance #5: Section 18.38.030.D.1 - To allow the development of the subject subdivision
without providing separate site utility infrastructure to the lease parcel. (See
pg. 15 of Staff Report for item comments)
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Variance #6: Section 18.42.060.B.2.a - To allow the development of the subject subdivision
without the requirement of the minimum required private utility easement
(front yard along N. Rouse). (See pg. 16 of Staff Report for item comments)
Variance #7: Section 18.42.070.A.3 - To allow the development of the subject subdivision
without requiring the extension of municipal services to the adjoining
undeveloped land. (See pg. 16 of Staff Report for item comments)
Item #8: Approval of the Preliminary Plat Subdivision Application #P-09004 with the
conditions of approval and code provisions listed in the Staff Report and
with the variances and any conditions attached thereto as addressed
separately in action items #1 through #7.
BACKGROUND: The property owner, City of Bozeman, has submitted a preliminary plan
application for a First Minor Subdivision from a Tract of Record to subdivide 7.47 acres and
create two parcels, one to remain as City of Bozeman operations area, and one for lease to
HRDC for a Streamline bus facility utilizing common utilities, parking, access, and circulation.
Seven variances have been requested with the subdivision application.
This request for subdivision is being reviewed under section 18.08 of the Bozeman Municipal
Code. This section applies to land subdivisions created by rent or lease, rather than sale. Land
subdivisions created by rent or lease are exempt from the surveying and filing requirements of
the Montana Subdivision and Platting Act. The code section does require the submittal of a site
plan application concurrent or prior to subdivision application. The City has received and
reviewed a site plan application for this site. The site plan application has received preliminary
approval pending the outcome of the subdivision review. The application for subdivision for
rent or lease otherwise follows the standard review process and procedures for subdivision
within the City of Bozeman.
Staff, Planning Board, and the DRC forward a recommendation of approval of variance requests
3-6. Staff, Planning Board, and DRC do not recommend approval of variance requests 1, 2, and
7. Staff, Planning Board, and the DRC recommend conditional approval of the subdivision with
the conditions and code provisions provided in the staff report.
FISCAL EFFECTS: As a City initiated subdivision the implications of the variance requests
may have substantial fiscal impacts on the City of Bozeman depending on the outcome of the
approval.
ALTERNATIVES: As suggested by the City Commission.
Attachments Applicant’s preliminary plat submittal materials
Additional information received from the applicant dated July 28. 2009.
Planning Board Resolution #P-09004
Minutes from the July 21, 2009 Planning Board Meeting
Report complied on: July 29, 2009
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CITY COMMISSION STAFF REPORT
LOWER YARDS/HRDC FIRST MINOR SUBDIVISION WITH VARIANCES FILE NO. #P-09004
Lower Yards/HRDC Minor Subdivision Staff Report - #P-09004 1
Item: Subdivision Preliminary Plat Application #P-09004 --- an application for
preliminary plan review of a First Minor Subdivision from a Tract of Record
to divide approximately 7.47 acres into two parcels, one for lease, zoned M-1
(Light Manufacturing District).
Owner/Applicant: City of Bozeman
PO Box 1230
Bozeman, MT 59771
Date/Time: Before the Bozeman City Commission on Monday, August 3, 2009 at 6:00
p.m. in the City Commission Meeting Room, City Hall, 121 N. Rouse Avenue,
Bozeman, Montana.
Report By: Brian Krueger, Associate Planner
Department of Planning and Community Development
Recommendation: Conditional Approval of the Subdivision. Planning Board, Staff, and the
DRC forward a recommendation of approval of variance requests 3-6.
Planning Board, Staff, and DRC do not recommend approval of variance
requests 1, 2, and 7.
____________________________________________________________________________________
PROJECT LOCATION
The property in question is located southeast of the intersection of East Griffin Drive and North Rouse
Avenue and is legally described as a tract of land described upon Record of Deeds, Vol. 97, pages 626-
627 filed at the office of the Clerk and Recorder of Gallatin County, located in the NE¼ of Section 6,
T2S, R6E, P.M.M., City of Bozeman, Gallatin County, Montana. The property is presently zoned M-1
(Light Manufacturing District) and is commonly referred to as 1812 North Rouse Avenue. Please refer
to the vicinity map provided on the following page.
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Lower Yards/HRDC Minor Subdivision Staff Report - #P-09004 2
PROPOSAL
The property owner, City of Bozeman, has submitted a preliminary plan application for a First Minor
Subdivision from a Tract of Record to subdivide 7.47 acres and create two parcels, one to remain as City
of Bozeman operations area, and one for lease to HRDC for a Streamline bus facility utilizing common
utilities, parking, access, and circulation.
This request for subdivision is being reviewed under section 18.08 of the Bozeman Municipal Code.
This section applies to land subdivisions created by rent or lease, rather than sale. Land subdivisions
created by rent or lease are exempt from the surveying and filing requirements of the Montana
Subdivision and Platting Act. The code section does require the submittal of a site plan application
concurrent or prior to subdivision application. The City has received and reviewed a site plan
application for this site. The site plan application has received preliminary approval pending the
outcome of the subdivision review. Staff also notes that subdivisions for rent or lease are required to
submit a preliminary plan in lieu of a preliminary plat for review. This land subdivision for rent or lease
will create a leasable parcel and not a separate lot, and as such does require the filing of a final plat at
the Clerk and Recorders Office. The application for subdivision for rent or lease otherwise follows the
standard review process and procedures for subdivision within the City of Bozeman.
Multiple variance requests have been submitted with the application. Variances have been requested
from the following Sections of Title 18 of the Bozeman Municipal Code: 1) To allow the development
of the subject subdivision without compliance with Section 18.44, which specifies required upgrades to
adjacent streets including street lighting under Section 18.42.150.C for North Rouse Avenue; 2) To
allow the development of the subject subdivision without compliance with Section 18.44, which
specifies required upgrades to adjacent streets including street lighting under Section 18.42.150.C for
East Griffin Drive; 3) to allow the development of the subject subdivision with a stormwater detention
area located on a private lot and not on a private/separate lot as required in Section 18.42.080.D; 4) To
allow the development of the subject subdivision without physical access as required in Sections
18.06.040.D.1.a and 18.44.090.B.2; 5) to allow the development of the subject subdivision without
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providing separate site utility infrastructure to the lease parcel as required in 18.38.030.D.1; 6) to allow
the development of the subject subdivision without the requirement of the minimum required private
utility easement(front yard along N. Rouse) as required in Section 18.42.060.B.2.a; and7) to allow the
development of the subject subdivision without requiring the extension of municipal services to the
adjoining undeveloped land as required in Section 18.42.070.A.3.
Three access locations exist to the subject property: two from North Rouse Avenue, and one from East
Griffin Drive. The subject property is partially developed and contains existing structures and
operations-related outdoor storage for various City Departments. No physical features (i.e., water
courses, wetlands, outcroppings) or mature vegetation has been identified on the site being considered.
RECOMMENDED CONDITIONS OF APPROVAL:
Pursuant to Section 18.06.040 of the City of Bozeman Unified Development Ordinance, the Planning
Board reviewed the preliminary plat application to determine if the proposed preliminary plan is in
compliance or noncompliance with the adopted Growth Policy. The Planning Board recommends
conditional approval of the preliminary plan with variances application with support for variance
requests 3-6 and without support for variance requests 1, 2, and 7. The Board has provided advice and
comments to the Bozeman City Commission for its consideration at its Monday, August 3, 2009 public
hearing which begins at 6:00pm. Planning Board Resolution #P-09004 and minutes of the Planning
Board’s July 21, 2009 meeting have been forwarded to the City Commission and made a part of the
Commission’s record.
The City of Bozeman Department of Planning and Community Development Office, Development
Review Committee, City of Bozeman Planning Board, and other applicable review agencies have
reviewed the Preliminary Plan application, and as a result recommend conditional approval of the
preliminary plan application with the following conditions outlined below:
City Engineer’s Office:
GENERAL:
1. The 100-year floodplain shall be delineated on the project site where the Base Flood Elevation
intersects the existing ground surface. A floodplain development permit shall be obtained prior to
construction of proposed improvements in the floodplain.
2. A mutual access easement and agreement must be provided for the HRDC lot through the City
owned parcel. The easement must provide access from Rouse Avenue and Griffin Drive to the
HRDC parcel at a minimum width of the proposed drive isle.
STORMWATER:
3. 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.
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a) The master plan must depict the maximum sized retention/detention basin location, and locate
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 sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
b) Detailed review of the final grading and drainage plan and approval by the City Engineer will be
required as part of the infrastructure plan and specification review process.
c) A storm water easement must be established on the adjacent property and filed with the County
Clerk and Recorder's Office for the retention pond and discharge course if located off the subject
property.
WATER AND SEWER:
4. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and
proposed fire hydrants.
5. Easements needed 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 the easement. All necessary easements shall be provided prior to Final plat
approval and shall be shown on the plat.
6. All water main extensions of more than 500 feet required for any phase of the development shall be
fully looped. Water and sewer mains shall be extended to the property lines to adequately
accommodate future extensions and/or looping.
7. Water and sewer services shall be extended along the north boundary of the property from Rouse
Avenue to the northeastern edge of the property unless a variance is granted by the City
Commission.
STREETS, CURB & GUTTER AND SIDEWALKS:
8. A public street easement shall be granted for North Rouse Avenue that provides for a total right-of-
way width of 60’ east of centerline. The easement shall be acceptable in form and content and
executed by the property owner prior to final plat approval.
9. North Rouse Avenue along the property frontage shall be constructed to one-half a principal arterial
street standard in accordance with the 2007 Transportation Plan Update unless a variance is granted
by the City Commission.
10. Griffin Drive along the property frontage shall be constructed to a full local street standard in
accordance with the 2007 Transportation Plan Update unless a variance is granted by the City
Commission.
11. A deviation from access separation standards of Section 18.44.090.D.3 UDO shall be prepared in
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accordance with Section 18.44.090.H UDO. The deviation request shall be provided to and
approved by the City Engineer prior to final site plan approval.
12. The Montana Department of Transportation shall approve site access locations and construction
standards for accesses onto North Rouse Avenue.
13. A Utility Occupancy Permit shall be obtained from the Montana Department of Transportation for
proposed new or relocated utilities in North Rouse Avenue. The permit shall be obtained prior to
construction.
MISCELLANEOUS
14. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate
to the City full permit compliance.
15. The Montana Department of 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 Site Plan
approval.
16. Detailed review and approval of the construction plans will be part of the infrastructure plan and
specification review process for each phase. Building permits may not be issued until each plan is
approved.
Planning Office:
17. The final plan 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.
18. Development of the Lease Parcel will require compliance with the regulatory standards of the Title
18 BMC as it relates to lot coverage, setbacks, parking, etc.
19. A draft copy of the lease agreement and covenants (if applicable) for the subdivision/lease shall be
submitted with the final plan application for review and approval by the Planning Department and
shall contain, but not be limited to, the provisions required in section 18.72.030 where applicable.
20. The final plan shall reference the two parcels as: Lease Parcel and Parcel R. All references on the
final document to be submitted shall state “Final Plan” and not “Final Plat.”
ZONING DESIGNATION & LAND USES
The following land uses and zoning are adjacent to the subject property:
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North: Commercial/Industrial uses zoned M-1 (Light Manufacturing District), small undeveloped parcel
zoned R-S (Residential Suburban District).
South: Commercial/Industrial uses zoned M-1 (Light Manufacturing District).
East: Vacant zoned M-1 (Light Manufacturing District).
West: Commercial/Industrial uses zoned M-1 (Light Manufacturing District).
BACKGROUND
The site in question is currently located in the corporate limits of the City of Bozeman and is partially
developed and contains existing structures and operations-related outdoor storage for various City
Departments. A site plan application for a new 25,380 square foot City Maintenance/HRDC Streamline
Transit Maintenance facility is being processed by the City. The City of Bozeman proposes to lease a
portion of the site to HRDC for its Streamline Transit operations with shared parking, access, and
utilities. The proposed lease lot would bisect the proposed building into two distinct elements: City of
Bozeman Maintenance and HRDC/Streamline. The lease parcel line would create a zero lot line through
the building.
ADOPTED GROWTH POLICY DESIGNATION
The Bozeman 2020 Community Plan designates this property as “Public Institutions.” This designation
provides for a variety of activities with schools as the dominant use including Montana State University.
Other typical uses are libraries, fire stations, and publicly operated utilities. The following land uses and
land use designations are adjacent to the subject property: North, South, East and West: “Industrial.”
PRELIMINARY PLAT SUPPLEMENTS
A pre-application plan review was evaluated in May of 2009. The Development Review Committee and
other applicable review bodies considered the pre-application. The applicant requested with the pre-
application review waivers from the materials required by Section 18.78.060 “Additional Subdivision
Preliminary Plat Supplements” of the UDO. After consideration of the applicant’s request, limited
physical features in the area, and current land use patterns the Development Review Committee (DRC)
granted the requested waivers finding that the information available for the site was adequate.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve or deny the subdivision
shall be whether the preliminary plan, Planning Board advise and recommendation, and additional
information demonstrates that development of the subdivision complies with the Unified Development
Ordinance, the City’s growth policy, the Montana Subdivision and Platting Act and other adopted state
and local ordinances. The Montana Subdivision and Platting Act established six primary review criteria,
which the governing body must also consider when evaluating subdivisions. Planning staff, the DRC,
and other reviewing agencies have made comments in relation to those and other criteria as described
below, and have recommended conditions as outlined in this staff report.
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A. Primary Review Criteria
1. Effects on Agriculture
The site in question is situated in area that has historically been developed with industrial and
manufacturing uses, as well as other comparable uses as the Story petroleum distribution center
to the west and established commercial/industrial and rental warehouse facilities south of the
subject property. The property does not currently support agricultural uses and therefore is not a
viable site for farming purposes.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. City water and sewer services currently exist in Rouse Avenue and are capable of
servicing the two-lot minor subdivision. Placement and location of water and sewer service
connections for the property will be addressed by the City Engineer’s Office during site plan
review and development of the lot. The applicant requests a variance to allow the development
of the subject subdivision without providing separate site municipal utility infrastructure (water
and sewer services) to the lease parcel as required in 18.38.030.D.1 BMC and without requiring
the extension of municipal services to the adjoining undeveloped land as required in Section
18.42.070.A.3 BMC. Staff recommends conditions that will require extension of municipal
services to the adjoining undeveloped land unless a variance is granted. Staff supports a variance
to not require installation of separate municipal utility infrastructure to the lease lot.
Police/Fire: The property is well within the City’s Police and Fire emergency response area.
Streets. North Rouse Avenue and East Griffin Drive currently service this industrial area and will
provide access to the two-lot minor subdivision for lease. No improvements to the local streets
are proposed with this application. The applicant requests a variance to allow the development of
the subject subdivision without compliance with Section 18.44, which specifies required
upgrades to adjacent streets including street lighting under Section 18.42.150.C for North Rouse
Avenue and E Griffin Drive. Staff recommends a condition that will require the adjacent street
upgrades unless a variance is granted.
Pathways: The Bozeman 2020 Community Plan does not identify shared pedestrian/bicycle
pathways in proximity to the proposed minor subdivision. The applicant requests a variance to
allow the development of the subject subdivision without compliance with Section 18.44, which
specifies required upgrades to adjacent streets including street lighting under Section
18.42.150.C for North Rouse Avenue and E Griffin Drive. The improvements to adjacent streets
include boulevard sidewalks and pedestrian facilities. Staff recommends a condition that will
require the adjacent street upgrades unless a variance is granted.
Stormwater. A Stormwater Master Plan for street runoff was not required with the two-lot
preliminary plat application. However, stormwater runoff facilities are being evaluated meet
City design standards with site plan review for development and will require the approval of the
City Engineering office. The applicant requests a variance to allow the development of the
subject subdivision with a stormwater detention area located on a private lot and not on a
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private/separate lot as required in Section 18.42.080.D. Staff recommends approval of a
variance to require a standalone stormwater lot.
Parks. No public parkland requirements are necessary with an industrial subdivision.
Utilities. As this is the subdivision of an existing partially developed parcel electricity, gas,
cable and phone utilities currently exist in the vicinity or on the subject property. The applicant
requests a variance to allow the development of the subject subdivision without the requirement
of the minimum required private utility easement (front yard along N. Rouse) as required in
Section 18.42.060.B.2.a. Staff recommends approval of a variance to the minimum required front
yard easement.
4. Effects on the Natural Environment
The site has been developed and utilized for industrial uses for some time. No natural vegetation
exists on site. A noxious weed control plan prepared by the applicant was reviewed and
submitted to the Gallatin County Weed Control Office on June 5, 2009. Prior to final plan
approval the County Weed District will verify that said weed control has been approved and
implemented as prescribed in the management and revegetation plan.
5. Effects on Wildlife and Wildlife Habitat
No known endangered species or critical game ranges have been identified on the proposed
subdivision. Historical use of the property as industrial lands and no evidence of mature
vegetation or physical features (water courses, wetlands, etc.) essentially reduce the potential for
development of any wildlife habitat. Therefore, no significant effects on major wildlife game and
their habitat should occur as a result of the proposed minor subdivision.
6. Effects on Public Health and Safety
The intent of the regulatory standards as set forth in the Unified Development Ordinance of the
Bozeman Municipal Code is to protect the public health, safety and general welfare. The
applicant proposes multiple variance requests that relate to facilities directly associated with
public health and safety. The proposed variance requests to waive the installation of upgrades to
the adjacent streets including pedestrian facilities and street lighting may be injurious to public
safety. The subdivision has been reviewed and with the required conditions and code provisions
has been determined to be in general compliance with the title. No watercourses or associated
wetlands have been indentified on the site in question. Any conditions deemed necessary to
ensure compliance with public health and safety have been listed by the Development Review
Committee and are noted accordingly as conditions of approval in this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
A subdivision for lease or rent is exempt from the survey requirements of the Montana
Subdivision and Platting Act, and as such will not be filed as a preliminary plat in accordance
with the state statute and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
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The following requirements are standards of the Unified Development Ordinance and shall be
addressed with the final plat submittal:
1. The final plan shall conform to all requirements of the Bozeman Unified Development
Ordinance and all required easement documents shall be submitted for review and approval
of the City of Bozeman.
2. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plan shall be in
force for not more than one calendar year. Prior to that expiration date, the developer 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
developer, 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 developer, provided for in §18.74.060, BMC.
3. Pursuant to Section 18.06.060, the applicant shall submit with the application for final plan
review and approval, a written narrative stating how each of the conditions of preliminary
plat approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.)
where this information can be found.
4. Section 18.08.030 requires that before any portion of land subdivision created by rent or
lease can be rented or leased, all required improvements shall be installed, inspected and
found compliant with the approved plan, and where acceptable accepted by the City of
Bozeman.
5. Section 18.08.040 states that once the final plan has been approved by the City Commission
an original copy of the approved plan shall be filed with the County Clerk and Recorder as a
“miscellaneous” document, and another copy of the approved plan shall be retained by the
Bozeman Engineering Department.
6. Pursuant to Chapter 18.30 “Bozeman Entryway Corridor Overlay District” All lots of the
minor subdivision are located in the Rouse Avenue entryway overlay corridor and therefore
the provisions for a Certificate of Appropriateness would apply at the time of development of
said lots.
7. In accordance with UDO Section 18.42.060, all easements, existing and proposed, shall be
accurately depicted on the final plan.
8. Section 18.42.150 outlines the requirements for subdivision lighting. Lighting for this
subdivision shall be provided according to this section unless a variance is granted.
9. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the plan 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 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.
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10. Section 18.78.050.H requires that any noxious weeds be identified and mapped by a person
with experience in weed management and knowledgeable in weed identification. A noxious
weed management and revegetation plan, approved by the County Weed Control District,
shall be submitted with the final plan.
D. Compliance with the required subdivision review process.
A subdivision pre-application was submitted on May 7, 2009. The pre-application was reviewed
by the DRC on May 15 and May 20, 2009 and summary review comments were forwarded to the
applicant in preparation of a preliminary plat application.
A preliminary plat application was submitted on June 10, 2009 and the required element letter
was sent on June 24, 2009. The preliminary plat was reviewed by the DRC on July 1, July 8, and
July 15, 2009. The applicant requested an extension to the 60-day review period to
accommodate the public hearings before the Planning Board and City Commission as required
for the variance requests. On the final week of DRC review, a favorable recommendation was
forwarded for consideration by the Planning Board and City Commission. Public notice for this
application was placed in the Bozeman Daily Chronicle on Sunday, July 12 and July 19, 2009.
The site was posted with a public notice on July 6, 2009. Public notice was sent to adjacent
property owners via certified mail, and to all other property owners of record within 200 feet of
the subject property via first class mail, on July 8, 2009. No letters of public testimony have
been received at the Department of Planning & Community Development in regards to this
project.
On July 15, 2009 the minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its July 21,
2009 public hearing. The Planning Board recommends conditional approval of the preliminary
plan with variances application with support for variance requests 3-6 and without support for
variance requests 1, 2, and 7. The City Commission is scheduled to make a final decision at the
August 3, 2009 public hearing. The final decision for a First Minor Subdivision from a Tract of
Record Preliminary Plat must be made within 35 working days of the date it was deemed
complete or in this case by August 12, 2009. However, due to the request for variances and per
Section 18.06.040.D.1.a.(1) BMC an extension to the 35-day review period was provided by the
applicant as required to accommodate the public hearings required for the variance requests.
E. Provision of easements for the location and installation of any planned utilities.
All public and private utilities access the site from the North Rouse Avenue right-of-way. The
applicant requests a variance to allow the development of the subject subdivision without
providing separate site municipal utility infrastructure (water and sewer services) to the lease
parcel as required in 18.38.030.D.1 BMC and without requiring the extension of municipal
services to the adjoining undeveloped land as required in Section 18.42.070.A.3 BMC. The
applicant proposes a 10’ wide private utility easement along the south east and north boundaries
of the site. The applicant requests a variance to allow the development of the subject subdivision
without the requirement of the minimum required private utility easement (front yard along N.
Rouse) as required in Section 18.42.060.B.2.a. Adequate easement and facilities exist to service
the subdivision. A detailed plan of utility locations and associated easements is required as part
of the civil drawings necessary during site plan review.
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F. Provision of legal and physical access to each parcel.
The proposed lots will have legal access from East Griffin Drive and North Rouse Avenue for
Parcel R and by an access easement to be granted to the Lease Parcel. The Lease Parcel does not
have physical access to a public roadway as required. The applicant requests a variance to allow
the development of the subject subdivision without physical access as required in Sections
18.06.040.D.1.a and 18.44.090.B.2
18.66.070 SUBDIVISION VARIANCES
Variances have been requested from the following Sections of Title 18 of the Bozeman Municipal Code:
1) To allow the development of the subject subdivision without compliance with Section 18.44, which
specifies required upgrades to adjacent streets including street lighting under Section 18.42.150.C for
North Rouse Avenue; 2) To allow the development of the subject subdivision without compliance with
Section 18.44, which specifies required upgrades to adjacent streets including street lighting under
Section 18.42.150.C for East Griffin Drive; 3) to allow the development of the subject subdivision with
a stormwater detention area located on a private lot and not on a private/separate lot as required in
Section 18.42.080.D; 4) To allow the development of the subject subdivision without physical access as
required in Sections 18.06.040.D.1.a and 18.44.090.B.2; 5) to allow the development of the subject
subdivision without providing separate site utility infrastructure to the lease parcel as required in
18.38.030.D.1; 6) to allow the development of the subject subdivision without the requirement of the
minimum required private utility easement(front yard along N. Rouse) as required in Section
18.42.060.B.2.a; and7) to allow the development of the subject subdivision without requiring the
extension of municipal services to the adjoining undeveloped land as required in Section 18.42.070.A.3.
Per Section 76-3-506, MCA, a variance to the UDO must be based on specific variance criteria, and may
not have the effect of nullifying the intent and purpose of this title. The City Commission shall not
approve subdivision variances unless it makes findings based upon the evidence presented in each
specific case that the following review criteria are adequately addressed.
Variance Request 1: To allow the development of the subject subdivision without compliance with
Section 18.44, which specifies required upgrades to adjacent streets including street lighting under
Section 18.42.150.C for North Rouse Avenue.
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Granting the variance could be detrimental to the public health, safety or general welfare or be
injurious to other adjoining properties. The purpose for this section in the code is to require
improvements concurrent with development and to assure the improvements are in place prior to
the additional impacts anticipated by development. The applicant argues that the frontage of this
property along North Rouse Avenue will be completed in a coordinated manner under the
jurisdiction of the Montana Department of Transportation (MDT) which will, under their public
charge, address the appropriate public benefits or safeguards as envisioned under this criteria.
While this may be true no definitive timeline exists for the improvements to Rouse Avenue by
MDT. A lack of curb and gutter, stormwater, lighting, and pedestrian facilities along the
roadway may contribute to future accidents. This would also be injurious to adjoining property
owners who may be required to upgrade the roadway with their own development as they would
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have to provide additional roadway design, construction and tapers in order to upgrade their
roadway section rather than connecting to the upgraded, finished roadway section constructed
with this subdivision.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
There are no physical or topographical conditions which would result in an undue hardship if the
code is enforced. The improvements to the roadway can all be built within existing and
proposed right of way without the need to utilize any unusual construction practices.
3. The variance will not cause a substantial increase in public costs.
Requiring the upgrades to N. Rouse Avenue as part of this application would increase the public
costs of this public/shared use project. If the upgrades are not in coordination with the overall N.
Rouse Avenue upgrades as part of the overall MDT project, the overall public costs would be
increased if the improvements required for this subdivision had to be modified or altered to
accommodate the future final design of the roadway project. The City may have to build the
improvements, or pay their pro-rata share in the future even if the variance is granted with this
subdivision.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of
the code. The variance would be contrary to the Bozeman Community Plan goals and objectives
that seek to provide safe, multi modal transportation.
Summary: Staff does not support the variance. If the Commission finds that the criteria for this
variance request has been met a motion for approval of the variance shall be considered.
Variance Request 2: To allow the development of the subject subdivision without compliance with
Section 18.44, which specifies required upgrades to adjacent streets including street lighting under
Section 18.42.150.C for East Griffin Drive.
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Granting the variance could be detrimental to the public health, safety or general welfare or be
injurious to other adjoining properties. The purpose for this section in the code is to require
improvements concurrent with development and to assure the improvements are in place prior to
the additional impacts anticipated by development. The applicant argues that the frontage of this
property along East Griffin Drive has been used historically by employees with a majority of
traffic occurring before and after peak hours. The development of a bus and City vehicle
maintenance facility is anticipated to increase daily trips to and from the site. A lack of curb and
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gutter, stormwater, lighting, and pedestrian facilities along the roadway may contribute to future
accidents.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
There are no physical or topographical conditions which would result in an undue hardship if the
code is enforced. The improvements to the roadway can all be built within existing right of way
without the need to utilize any unusual construction practices.
3. The variance will not cause a substantial increase in public costs.
Requiring the upgrades to E. Griffin Drive as part of this application would increase the public
costs of this public/shared use project. The City may have to build the improvements in the
future even if the variance is granted with this subdivision.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of
the code. The variance would be contrary to the Bozeman Community Plan goals and objectives
that seek to provide safe, multi modal transportation.
Summary: Staff does not support the variance. If the Commission finds that the criteria for this
variance request has been met a motion for approval of the variance shall be considered.
Variance Request 3: To allow the development of the subject subdivision with a stormwater detention
area located on a private lot and not on a private/separate lot as required in Section 18.42.080.D.
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Granting the variance will not be detrimental to public health safety or general welfare, and
would not be injurious to other adjoining properties. The detention area is sized to accommodate
both lots and has been designed so as to not increase runoff onto adjacent properties. The
detention area will be on City owned property and will be appropriately covered by the necessary
easement, and addressed in the lease provisions, for its joint use and maintenance.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
The City (public) is retaining ownership of the underlying property, and the detention area is
covered by an appropriate easement. By not placing this feature in a separate tract or out lot, it
may be more easily modified in the future to allow for additional development on the property.
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3. The variance will not cause a substantial increase in public costs.
An increase in public costs could occur if the City would have to revisit (replat) a separate tract
or out lot if changes are warranted to the facility in the future.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of
the code or growth policy.
Summary: Staff supports the variance request and finds that the criteria for granting the variance have
been met. If the Commission finds that the criteria for this variance request has been met a motion for
approval of the variance shall be considered.
Variance Request 4: To allow the development of the subject subdivision without physical access as
required in Sections 18.06.040.D.1.a and 18.44.090.B.2;
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Granting the variance will not be detrimental to public health safety or general welfare, and
would not be injurious to other adjoining properties. By providing legal access to the lease lot
via easement, the requirements for assured access to both lots are accommodated. In addition, the
area of property that the HRDC would have to lease would significantly increase if additional
land is required to provide this physical frontage so as not to become a flag lot. In addition, this
could restrict the City’s ability to further develop the balance of its property in the most efficient
manner. No adjoining properties are impacted as the adjoining property to the east has its own
legal and physical access to E. Griffin Drive.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
Due to the existing developed nature of this property, the location of the lease parcel for the
HRDC bus storage building, and the ability to further develop this property in the future, an
undue hardship would result to both the City and the HRDC if additional land would have to be
provided with physical access/frontage.
3. The variance will not cause a substantial increase in public costs.
The requirement for more land to be included in the lease to provide for the physical frontage to
either N. Rouse Avenue or E. Griffin Drive would increase public costs to the HRDC as well as
the City. Again, the City could also lose the ability and control over this section of property for
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further development purposes which could increase public costs in the future depending on City
needs
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of
the code or growth policy.
Summary: Staff supports the variance request and finds that the criteria for granting the variance have
been met. If the Commission finds that the criteria for this variance request has been met a motion for
approval of the variance shall be considered.
Variance Request 5: To allow the development of the subject subdivision without providing separate
site utility infrastructure to the lease parcel as required in 18.38.030.D.1.
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Granting the variance will not be detrimental to public health safety or general welfare, and
would not be injurious to other adjoining properties. The shared use nature of the proposed
facility/building does not warrant separate site utility (sewer and water) infrastructure the same
as would be required for a separate “stand alone” lot that could be sold in the future. The lease
provisions will address and safeguard the guaranteed provision of services to each parcel.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
Due to the existing developed nature of this property, the logically located lease parcel for the
HRDC bus storage building, and the ability to further develop this property in the future, an
undue hardship would result to both the City and the HRDC if additional land/easement area
would have to be provided for separate and unnecessary duplicate service lines or mains
provided to each parcel.
3. The variance will not cause a substantial increase in public costs.
Additional public costs would certainly be incurred if separate services were required for both
parcels.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of
the code or growth policy.
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Summary: Staff supports the variance request and finds that the criteria for granting the variance have
been met. If the Commission finds that the criteria for this variance request has been met a motion for
approval of the variance shall be considered.
Variance Request 6: To allow the development of the subject subdivision without the requirement of
the minimum required private utility easement (front yard along N. Rouse) as required in Section
18.42.060.B.2.a.
1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Granting the variance will not be detrimental to public health safety or general welfare, and
would not be injurious to other adjoining properties. Upgrades to N. Rouse Avenue along the
frontage of this property will be completed in a coordinated manner under the jurisdiction of the
Montana Department of Transportation (MDT) which should, under their charge, address the
appropriate easements that are needed to address the public benefits or safeguards as envisioned
under this criteria. The City retains total control of the entire frontage of this subdivision and has
the ability to grant the applicable easements at any time.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
Currently there are several existing City buildings that are located within the area where this
easement would be granted. The utility easements can be addressed along N. Rouse in
conjunction with the future MDT project.
3. The variance will not cause a substantial increase in public costs.
Additional public costs would/could be incurred if buildings had to relocate outside of the
easement area and/or the easements had to be modified as part of the MDT project in order to
match their plans.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of
the code or growth policy.
Summary: Staff supports the variance request and finds that the criteria for granting the variance have
been met. If the Commission finds that the criteria for this variance request has been met a motion for
approval of the variance shall be considered.
Variance Request 7: To allow the development of the subject subdivision without requiring the
extension of municipal services to the adjoining undeveloped land as required in Section 18.42.070.A.3.
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1. The granting of the variance will not be detrimental to the public health, safety, or general
welfare, or be injurious to other adjoining properties.
Granting the variance could be detrimental to the public health, safety or general welfare or be
injurious to other adjoining properties. The purpose for this section in the code is to require
improvements concurrent with development and to assure the improvements are in place prior to
the additional impacts anticipated by development. This would also be injurious to adjoining
property owners who may be required to extend municipal services with their own development
as they would have to provide an extension of municipal services across City property that
should have been constructed with this subdivision.
2. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced.
There are no physical or topographical conditions which would result in an undue hardship if the
code is enforced. The extension of services can be constructed within existing and proposed
right of way without the need to utilize any unusual construction practices.
3. The variance will not cause a substantial increase in public costs.
Additional public costs would certainly be incurred if separate services were required for both
parcels.
4. The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.
The variance would not place the subdivision in nonconformance with any other provisions of
the code. The variance would be contrary to the Bozeman Community Plan goals and objectives
that seek to provide the logical and equitable extension of municipal services concurrent with
development.
Summary: Staff does not support the variance. If the Commission finds that the criteria for this
variance request has been met a motion for approval of the variance shall be considered.
PUBLIC COMMENT
The Planning Office has received no written public testimony from the general public or agencies
regarding the two-lot minor subdivision for rent or lease. At the Planning Board Public Hearing one
member of the public provided public testimony expressing concern regarding the extension of
municipal infrastructure to the adjacent property, stormwater problems at the northeast corner of the site,
the requirement of an easement across the site and stated support for the variance for roadway upgrades
along Rouse Avenue. Any additional public comments received after the date of this report will be
distributed at the City Commission public hearing.
CONCLUSION/RECOMMENDATION
Based on staff's evaluation of the applicant’s proposal against the Bozeman Community Plan and
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Unified Development Ordinance, the Development Review Committee (DRC) and Planning Board has
forwarded a recommendation of conditional approval of the application for Preliminary Subdivision Plat
review of the two-lot minor subdivision for a tract of land described upon Record of Deeds, Vol. 97,
pages 626-627 filed at the office of the Clerk and Recorder of Gallatin County, located in the NE¼ of
Section 6, T2S, R6E, P.M.M., City of Bozeman, Gallatin County, Montana, presently zoned M-1 (Light
Manufacturing District), and commonly referred to as 1812 North Rouse Avenue, with said
recommended conditions of approval provided at the beginning of this staff report (pages 3 thru 5).
Staff, Planning Board, and the DRC forward a recommendation of approval of variance requests 3-6.
Staff, Planning Board, and DRC do not recommend approval of variance requests 1, 2, and 7.
THE DECISION OF THE CITY COMMISSION MAY BE APPEALED BY AN AGGRIEVED
PERSON AS SET FORTH IN SECTION 18.66 OF THE UNIFIED DEVELOPMENT
ORDINANCE.
Encl: Applicant’s preliminary plat submittal materials
Additional information received from the applicant dated July 28. 2009.
Planning Board Resolution #P-09004
Minutes from the July 21, 2009 Planning Board Meeting
CC: Brian Heaston/Doug Riley City of Bozeman., P.O. Box 1230, Bozeman, MT 59771
Debbie Arkell, City of Bozeman., P.O. Box 1230, Bozeman, MT 59771
File No. P-09004
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LOWER YARDS MINOR SUBDIVISION PRELIMINATY PLAT/PLAN APPLICATION -
June 10, 2009
Contents:
· Development Review Application, Subdivision Preliminary Plat Checklist (and
explanation to checked N/A submittal information)
· Project Description
· Variance Requests
· Approved Waivers to Supplemental Submittal Information under Section 18.78.060
· Response to Pre-Application Plan Review Comments
· Pre-Plat/Plan – Preliminary Plat (11” x 17”)
· Pre-Plat/Plan – Existing Site (11” x 17”)
· Pre-Plat /Plan – Preliminary Plat (24” x 36”)
· Pre-Plat/Plan – Existing Site (24” x 36”)
· Existing Zoning Map (11” x 17”)
· Water and Sewer Adequacy Memorandum
· Noxious Weed Management Plan
· Request for Exemption from MDEQ Review
· Utility Company Correspondence
· Adjoiner Information and Certificate
· Neighborhood Recognition Ordinance Completion Certificate
· 2 Digital copies of submittal information
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LOWER YARDS MINOR SUBDIVISION PRELIMINARY PLAT/PLAN APPLICATION
Project Description:
The property owner/applicant, City of Bozeman, made application for Site Plan and Certificate of
Appropriateness Approval (Project #Z-09053) to allow the construction of a new shared use facility
consisting of a city vehicle maintenance shop, Human Resources Development Council (HRDC) bus
storage building and shared offices and support facilities on the property commonly known as the Lower
Yards located at the corner of N. Rouse Avenue and E. Griffin Drive. The site plan and certificate of
appropriateness was approved by the City Commission on Monday, May 11, 2009.
As part of said project, the federal funding stipulations from the Federal Transportation Administration
for the proposed HRDC bus storage building requires a minimum 99 year lease for the portion of the City
property the bus storage building will be located upon. Therefore, the requirement for said long term lease
agreement between the City and the HRDC requires review of the lease parcel as a “Land Subdivision
Created by Rent or Lease” under Chapter 18.08 of the B.M.C. as well as a “First Minor Subdivision
Created from a Tract of Record” under Section 18.06.040,D.1.a of the B.M.C.
Attached are the required preliminary plat/plan application materials for the proposed 2 lot minor
subdivision. There are seven (7) specific variances that have been identified during the preparation of the
preliminary plat/plan application that have been deemed necessary due to the unique nature of this project
as detailed under the Variance Requests section of this submittal.
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LOWER YARDS MINOR SUBDIVISION APPLICATION
Variance Requests:
This 2 lot minor subdivision is very unique in that it has been necessitated by the federal funding
stipulations from the Federal Transportation Administration for the proposed HRDC bus storage building
which requires a minimum 99 year lease for the portion of the City property the bus storage building will
be located upon. It is this stipulation that triggers the requirement for subdivision review of the lease
parcel. As such, the lease lot that is being created is not a “stand alone” subdivision lot that is available
for separate deeded transfer to a private entity. In addition, the approved site plan and lease provisions
between the two entities, (i.e. the City and HRDC), will address the majority of the shared access and
infrastructure coordination issues for the shared use facility. The existing developed nature of this
property also poses significant unique hardships to the development of the property under current
subdivision regulations (versus if the property was currently vacant).
Therefore, the following variance requests are hereby made as part of the submittal of the Lower
Yards Subdivision Preliminary Plat/Plan application as is required under Section 18.66.070 of
the B.M.C.:
1) Upgrades to adjacent streets, (N. Rouse Avenue) – Chapter 18.44 of the B.M.C
including street lighting under Section 18.42.150.C of the B.M.C.
Explanation: N. Rouse Avenue is under the jurisdiction of the Montana Department of
Transportation (MDT) who is currently working on designing comprehensive
improvements for this roadway which will be completed as a coordinated project by that
agency.
Variance Review Criteria of Section 18.66.070 B. of the B.M.C:
1. “The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;”
Upgrades to N. Rouse Avenue along the frontage of this property will be completed
in a coordinated manner under the jurisdiction of the Montana Department of
Transportation (MDT) which will, under their public charge, address the appropriate
public benefits or safeguards as envisioned under this criteria.
2. “Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;”
The majority of the physical frontage of this property is along N. Rouse Avenue
which again is under the jurisdiction of the MDT. It would be an undue and
imprudent hardship to require upgrades to this frontage as part of this application
outside of the coordinated upgrades to N. Rouse Avenue that MDT will be
undertaking.
3. “The variance will not cause a substantial increase in public costs;”
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Requiring the upgrades to N. Rouse Avenue as part of this application would increase
the public costs of this shared use project considerably. In addition, if the upgrades
were not in coordination with the overall N. Rouse Avenue upgrades as part of the
overall MDT project, the overall public costs would be increased if the improvements
had to be modified.
4. “The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this title or with the City’s growth policy.”
The applicant is not aware that the granting of this variance would place this
subdivision in nonconformance of any other provisions of the BMC or the City’s
Growth Policy.
2) Upgrades to adjacent streets, (E. Griffin Drive) – Chapter 18.44 of the B.M.C
including street lighting under Section 18.42.150.C of the B.M.C.
Explanation: East Griffin Drive, in its current condition, has historically proven adequate
to serve the Lower Yards Property. The new uses and the addition of the new joint use
facility will not add a significant amount of traffic to this roadway as the primary points
of ingress and egress to the property remain off N. Rouse Avenue.
Variance Review Criteria of Section 18.66.070 B. of the B.M.C:
1. “The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;”
The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties. The condition of this
portion of Griffin Drive is similar to that of Griffin Drive from Rouse Avenue to
North 7th Avenue. This is, it is a County standard two-lane road with no curb or
gutter, with borrow ditches for drainage. There is minimal traffic on this section of
Griffin Drive, as there are less than 10 residences and one business, the Stockyards
Café. The Café is only open on weekends from 7:30 a.m. to 1 p.m., and a more direct
access to the Café is from Story Mill Road. This variance would not be detrimental to
the public because a majority of street frontage of this property is on North Rouse
Avenue and Griffin Drive access will only be used by employees, with a majority of
traffic occurring before and after peak hours.
2. “Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;”
An undue hardship to the owner, the taxpayers of the city of Bozeman, would result if
full improvements to Griffin Drive were required. This property has been in City
ownership and used for a variety of public works functions since the 1940s.
Currently, Griffin Drive is used for access to the Vehicle Impound Yard and to the
snow storage area, and the number of additional trips to and from the site from Griffin
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Drive will decrease during winter months, because the area will no longer be used for
snow storage
3. “The variance will not cause a substantial increase in public costs;”
The denial of the variance will cause a substantial increase in public costs. Granting
of the variance will not cause a substantial increase in public costs. City crews
currently maintain this section of the street and will continue to maintain the street.
4. “The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this title or with the City’s growth policy.”
The applicant is not aware that the granting of this variance would place this
subdivision in nonconformance of any other provisions of the BMC or the City’s
Growth Policy.
3) Stormwater Detention Area Located on Private Lot (City owned) - Section
18.42.080 D. of the B.M.C.
Explanation: The required detention area located just south of E. Griffin Drive will not be
located on a separate lot or outlot but will be located on the City owned lot (as shown on
the preliminary plat/plan) and will be appropriately addressed in the necessary easement
and/or lease provisions to serve both lots.
Variance Review Criteria of Section 18.66.070 B. of the B.M.C:
1. “The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;”
The detention area is being sized to accommodate both lots/facilities and has been
designed so as not to increase runoff onto adjacent properties. The detention area will
be on City owned property and will be appropriately covered by the necessary
easement, and addressed in the lease provisions, for its joint use and maintenance.
2. “Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;”
As the City (public) is retaining ownership of the underlying property, and the
detention area is covered by an appropriate easement, there is no need to create a
separate public tract or outlot for this facility. By not placing this feature in a separate
tract or outlot, it can also be more easily modified in the future to allow for additional
development on the property.
3. “The variance will not cause a substantial increase in public costs;”
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An increase in public costs could occur if the City would have to revisit (replat) a
separate tract or outlot if changes are warranted to the facility in the future.
4. “The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this title or with the City’s growth policy.”
The applicant is not aware that the granting of this variance would place this
subdivision in nonconformance of any other provisions of the BMC or the City’s
Growth Policy.
4) Legal and Physical Access – Section 18.06.040.D.1.a. And 18.44.090.B.2 of the
B.M.C.
Explanation: Due to the unique existing developed nature of this property, creating
physical frontage for the HRDC bus barn lease lot to either N. Rouse Avenue or E.
Griffin Drive is unfeasible. In addition, this subdivision is necessitated by the lease of this
lot and would be very similar to a subdivision creating mobile home lots (as
contemplated in Section 18.08.010 of the B.M.C.) in which individual lease lots do not
have physical frontage to a public or approved private street. Legal access to the lot, in
the form of a public access easement, is still being provided to the lease lot as shown on
the preliminary plat/plan.
Variance Review Criteria of Section 18.66.070 B. of the B.M.C:
1. “The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;”
By providing legal access to the lease lot via easement, the requirements for assured
access to both lots are accommodated. In addition, the area of property that the
HRDC would have to lease would significantly increase if additional land is required
to provide this physical frontage so as not to become a flag lot. In addition, this could
restrict the City’s ability to further develop the balance of its property in the most
efficient manner. No adjoining properties are impacted as the adjoining property to
the east has its own legal and physical access to E. Griffin Drive.
2. “Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;”
Due to the existing developed nature of this property, the logically located lease
parcel for the HRDC bus storage building, and the ability to further develop this
property in the future, an undue hardship would result to both the City and the HRDC
if additional land would have to be provided for physical access/frontage as well
3. “The variance will not cause a substantial increase in public costs;”
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The requirement for more land to be included in the lease to provide the physical
frontage to either N. Rouse Avenue or E. Griffin Drive would increase public costs to
the HRDC as well as the City. Again, the City could also lose the ability and control
over this section of property for further development purposes which could increase
public costs in the future depending on City needs.
4. “The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this title or with the City’s growth policy.”
The applicant is not aware that the granting of this variance would place this
subdivision in nonconformance of any other provisions of the BMC or the City’s
Growth Policy.
5) Provision of Service – Section 18.38.030.D.1 of the B.M.C.
Explanation: Due the shared use facility proposed for this property (as shown on the
preliminary plat/plan) separate site utility infrastructure to serve the “lease parcel” will
not be provided as would be customary with a separate lot as would be the case with a
customary lot or building site in a standard subdivision.
Variance Review Criteria of Section 18.66.070 B. of the B.M.C:
1. “The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;”
The shared use nature of this new facility/building does not warrant separate site
utility (sewer and water) infrastructure the same as would be required for a separate
“stand alone” lot that could be sold in the future. The lease provisions will also
address/safeguard the guaranteed provision of services to each entity as well.
2. “Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;”
Again, due to the shared use nature of this facility, and the existing developed nature
of this property, an undue hardship would result if additional service lines or mains
would have to be provided for the each parcel.
3. “The variance will not cause a substantial increase in public costs;”
Additional public costs would certainly be incurred if separate services were required
for both parcels.
4. “The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this title or with the City’s growth policy.”
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The applicant is not aware that the granting of this variance would place this
subdivision in nonconformance of any other provisions of the BMC or the City’s
Growth Policy.
6) Private Utility Easement (Front Yard Utility Easement along N. Rouse Avenue) –
Section 18.42.060.B.2.a of the B.M.C.
Explanation: The provision of the typically required 10’ front yard private utility
easement along Rouse Avenue as part of subdivision review is problematic due to the
existing City buildings located within the area where this easement would be granted. It
is more prudent for utility easements and the provision of such to be addressed as part of
the MDT’s plans for the comprehensive/coordinated upgrades to N. Rouse Avenue.
Variance Review Criteria of Section 18.66.070 B. of the B.M.C:
1. “The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;”
Upgrades to N. Rouse Avenue along the frontage of this property will be completed
in a coordinated manner under the jurisdiction of the Montana Department of
Transportation (MDT) which should, under their charge, address the appropriate
easements that are needed to address the public benefits or safeguards as envisioned
under this criteria.
2. “Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;”
Currently there are several existing City buildings that are located within the area
where this easement would be granted. Again, it is more logical for utility easements
to be addressed along N. Rouse in conjunction with the MDT project.
3. “The variance will not cause a substantial increase in public costs;”
Additional public costs would/could be incurred if buildings had to relocate outside of
the easement area and/or the easements had to be modified as part of the MDT project
in order to match their plans.
4. “The variance will not, in any manner, place the subdivision in nonconformance with any
other provisions of this title or with the City’s growth policy.”
The applicant is not aware that the granting of this variance would place this
subdivision in nonconformance of any other provisions of the BMC or the City’s
Growth Policy.
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7) Municipal Water, Sanitary Sewer and Storm Sewer Systems – (Extension to
adjoining undeveloped land) – Section 18.42.070.A.3 of the B.M.C.
Explanation: Due to the location of the shared use facility, and the location of existing
buildings and services, municipal water and sanitary systems are being extended off from
N. Rouse Avenue. As such, there is no need to extend services along Griffin Drive to
serve this property or to extend municipal utilities from their proposed location
immediately north of the shared use facility further to the east property line. The property
located to the immediate east has frontage along E. Griffin Drive and would undoubtedly
require the extension of services from and along E. Griffin Drive to serve that property
depending on the timing of other development in the area.
Variance Review Criteria of Section 18.66.070 B. of the B.M.C:
1. “The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;”
The proposed shared use facility and lease parcel has been designed to be served with
municipal utility extension off from N. Rouse Avenue (as is currently the case). In
addition, with approximately 535 feet of frontage to E Griffin Drive, the development
of the adjoining property to the east does not hinge on utilities being stubbed to its
property line from the proposed location to serve the shared use facility (i.e. the
services coming off from N. Rouse Avenue).
2. “Because of the particular physical surroundings, shape or topographical conditions
of the specific property involved, an undue hardship to the owner would result if strict
interpretation of this title is enforced;”
Again, due to the location of the shared use facility, and the location of existing
buildings and services, municipal water and sanitary systems are being extended off
from N. Rouse Avenue in the most efficient manner to serve the project.
3. “The variance will not cause a substantial increase in public costs;”
A very significant increase in public costs would be incurred if these utilities were
required to be stubbed to the adjoining property to the east.
4. “The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this title or with the City’s growth policy.”
The applicant is not aware that the granting of this variance would place this
subdivision in nonconformance of any other provisions of the BMC or the City’s
Growth Policy.
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LOWER YARDS MINOR SUBDIVISION APPLICATION
Approved Waivers to Supplemental Submittal Information under Section 18.78.060
The following waivers to the requirements of Section 18.78.060 (Additional Subdivision
Preliminary Plat Supplements) were granted by the Development Review Committee (DRC) on
May 20, 2009 as part of the Pre-Application Plan review of this project:
A. Surface Water – While the delineated floodplain for the East Gallatin River is shown on
the preliminary plat/plan, there are no surface waters or wetlands present on the site.
B. Floodplains – A floodplain analysis report is unwarranted as the delineated floodplain for
the East Gallatin River is shown on the preliminary plat/plan.
C. Groundwater – Geotechnical evaluations will be completed as part of specific building
permit submittals and evaluations.
D. Geology – Soils – Slopes – No specific geologic hazards have been identified on this site
and geotechnical evaluations will be completed as part of specific building permit
submittals and evaluations.
E. Vegetation – N/A as there is no significant vegetation, (as identified in this section),
existing on the site.
F. Wildlife – N/A as there are no wildlife species or critical wildlife areas existing on the
site.
G. Historical Features – No known historical features or objects have been identified for this
site as noted by the State Historic Preservation Office (SHPO).
H. Agriculture – N/A as this property is used for public works and/or industrial type uses.
I. Agricultural Water User Facilities – N/A as there are no agricultural water uses on the
subject property.
L. Streets, Road and Alleys – No new public or private streets are proposed as part of the
subdivision and a variance is being requested, as indicated in the Variance Requests
section, to the requirement for upgrades to N. Rouse Avenue and E. Griffin Drive.
N. Educational Facilities – N/A as there is no residential component as part of this plat/plan.
P. Parks and Recreation Facilities – N/A as there is not a requirement for parkland
dedication with this minor subdivision.
Q. Neighborhood Center Plan – N/A as a neighborhood center is not required or proposed
with this minor subdivision.
R. Lighting Plan – No subdivision lighting is proposed as part of this minor subdivision as
no new public or private streets are proposed and a variance is being requested to the
requirement for upgrades to N. Rouse Avenue and E. Griffin Drive which would include
the requirement for street lights. Site lighting will be addressed as part of the site plan for
the development of the property.
T. Affordable Housing – N/A as there is no residential component as part of this plat/plan.
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LOWER YARDS MINOR SUBDIVISION APPLICATION
Response to Pre-Application Plan (#P-09002) Review Comments
Project Specific Requirements:
1. You requested partial waivers to the Additional Subdivision Preliminary Plat
Supplements outlined in Section 18.78.060 of the UDO with this application. The
requested waivers were granted.
Response: Acknowledged.
2. If variance requests are received with the preliminary plat application for this minor
subdivision the applicant shall provide the Planning Department with a written extension
of the thirty-five day review period at the time the subdivision application and variance
request are submitted. A public hearing will be required for the variance requests.
Response: The applicant/owner acknowledges that a public hearing is required for this
review due to the variance requests and the extended review timeframe due to the hearing
requirements.
3. Although physical access may not be provided to the lot for lease, legal access shall be
provided. A perpetual shared access easement shall be included on the preliminary plat
to allow a perpetual access to the HRDC lease lot.
Response: Legal access is to be provided to the lease lot via a shared access easement as
noted on the submitted preliminary plat/plan. A variance is being requested to physical
access as noted in the Variance Requests section.
4. The preliminary plat application shall include an “As Built” exhibit showing all of the
existing improvements, including both the existing structures and impervious surfaces.
Response: These items are shown on the preliminary plat/plan “Existing Site Plan/Map”.
5. Said request for waivers to the supplemental information under 18.78.060 is granted.
A variance request must be received for subdivision lighting if the waiver for the lighting
plan is to be granted.
Response: A variance to subdivision/street lighting is requested for both N. Rouse
Avenue and E. Griffin Drive as noted in the Variance Requests section.
6. Because this is a commercial subdivision no dedicated park land or affordable housing
requirements apply to this proposal.
Response: Acknowledged.
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Standard Code Provisions: The following requirements are standards of the Unified
Development Ordinance and shall be addressed with the preliminary plat application:
1. All preliminary plat requirements, as outlined in UDO Section 18.78, shall be provided
with the preliminary plat submittal.
Response: This information has been supplied in accordance with Section 18.78 and the
Subdivision Preliminary Plan checklist as noted.
2. All materials required in Section 18.78.160 shall be submitted for the variance requests.
Response: This information has been supplied as noted in the Development Application
and the Variance Requests section.
3. Utility easements shall be provided in accordance with Section 18.42.060. The required
easement are required for all lots unless written confirmation is submitted with the
preliminary plat from ALL utility companies providing service indicating that easements
are not needed.
Response: The easement requirements of Section 18.42.060 have been addressed on the
preliminary plat/plan with the exception of the front yard utility easement along Rouse
Avenue in which a variance to that requirement has been requested. The utility
companies have been contacted regarding the subdivision as noted in the Utility
Company Correspondence section.
4. Per Section 18.42.120, if mail delivery will not be to each individual lot within the
development, the developer shall provide an off-street area for mail delivery within the
development in cooperation with the USPS. It shall not be the responsibility of the City
to maintain or plow any mail delivery area constructed within a City right-of-way.
Response: Acknowledged. Mail delivery for the shared use project/building will be
addressed as part of the site development/plan.
5. Section 18.78.050.H requires that any noxious weeds be identified and mapped by a
person with experience in weed management and knowledgeable in weed identification.
A noxious weed management and revegetation plan, approved by the County Weed
Control District, shall be submitted with the preliminary plat.
Response: This identification has been completed and submitted to the County Weed
Control District as noted in the Noxious Weed Management Plan section.
6. Section 18.78.060.M requires that the preliminary plat application be accompanied by a
written statement from all relevant utility companies indicating that service can be
provided to both lots.
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Response: See Utility Company Correspondence section.
7. A draft copy of the covenants for the subdivision/lease shall be submitted with the
preliminary plat application for review and approval by the Planning Department and
shall contain, but not be limited to, provisions required in section 18.72.030.
Response: As a lease project/subdivision, the lease document between the HRDC and the
City will address the public health, safety and welfare concerns of this section. This lease
is still being drafted by the parties.
8. A complete preliminary plat application shall be submitted to the Planning Department
within one calendar year of the date the Planning Department dates, signs and places pre-
application comments in the outgoing mail.
Response: This preliminary plat/plan has been submitted within this time frame.
ENGINEERING
GENERAL:
1. The 100-year floodplain shall be delineated on the project site where the Base Flood
Elevation intersects the existing ground surface. A floodplain development permit shall
be obtained prior to construction of proposed improvements in the floodplain.
Response: The 100-year floodplain is delineated on the project site in accordance with City
floodplain regulations where the base flood elevation intersects the existing ground surface.
2. A mutual access easement and agreement must be provided for the HRDC lot through the
City owned parcel. The easement must provide access from Rouse Avenue and Griffin
Drive to the HRDC parcel at a minimum width of the proposed drive isle.
Response: A note is included on the preliminary plat that provides mutual access and parking.
STORMWATER:
3. 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.
a. The master plan must depict the maximum sized retention/detention basin
location, and locate 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 sites, drainage ways, and lot finished grades), typical stormwater
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retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
b. Detailed review of the final grading and drainage plan and approval by the City
Engineer will be required as part of the infrastructure plan and specification
review process.
c. A storm water easement must be established on the adjacent property and filed
with the County Clerk and Recorder's Office for the retention pond and discharge
course if located off the subject property.
Response: Proposed stormwater facilities are depicted on the preliminary plat. Review and
approval of the grading and drainage plan will occur with the Final Site Plan process which is
running concurrently with the subdivision.
WATER AND SEWER:
4. The location of and distinction between existing and proposed sewer and water mains and
all easements shall be clearly and accurately depicted, as well as all nearby fire
hydrants and proposed fire hydrants.
Response: Existing and proposed infrastructure is shown and distinguished on the preliminary
plat.
5. Easements needed 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 the easement. All necessary easements shall be
provided prior to Final plat approval and shall be shown on the plat.
Response: A water main extension is proposed onsite, but the City cannot grant itself an
easement according to the Legal Department.
6. All water main extensions of more than 500 feet required for any phase of the
development shall be fully looped. Water and sewer mains shall be extended to the
property lines to adequately accommodate future extensions and/or looping.
Response: The water main extension is less than 500’ in length and will not be looped.
7. Water and sewer services shall be extended along the north boundary of the property
from Rouse Avenue to the northeastern edge of the property.
Response: A variance is requested from this subdivision requirement.
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STREETS, CURB & GUTTER AND SIDEWALKS:
8. A public street easement shall be granted for North Rouse Avenue that provides for a
total right-of-way width of 60’ east of centerline. The easement shall be acceptable in
form and content and executed by the property owner prior to final site plan approval.
Response: A public street and utility easement providing for 60’ of right-of-way east of Rouse
centerline is provided on the preliminary plat.
9. North Rouse Avenue along the property frontage shall be constructed to one-half a
principal arterial street standard in accordance with the 2007 Transportation Plan Update
unless a Public Agency Exemption is invoked.
Response: A variance is requested from this subdivision requirement.
10. Griffin Drive along the property frontage shall be constructed to a full local street
standard in accordance with the 2007 Transportation Plan Update unless a Public Agency
Exemption is invoked.
Response: A variance is requested from this subdivision requirement.
11. A deviation from access separation standards of Section 18.44.090.D.3 UDO shall be
prepared in accordance with Section 18.44.090.H UDO. The deviation request shall be
provided to and approved by the City Engineer prior to final site plan approval unless a
Public Agency Exemption is invoked.
Response: An access deviation will be prepared and submitted with the Final Site Plan process
running concurrently with the subdivision to address access separation requirements.
12. The Montana Department of Transportation shall approve site access locations and
construction standards for accesses onto North Rouse Avenue.
Response: MDT has been contacted and indicates that the existing site access locations and
construction standards are adequate and that access improvements are not required at this time.
Correspondence with Rob Bukvich of MDT is attached.
13. A Utility Occupancy Permit shall be obtained from the Montana Department of
Transportation for proposed new or relocated utilities in North Rouse Avenue. The
permit shall be obtained prior to construction.
Response: A utility occupancy permit will be obtained from MDT prior to construction of
utilities within the State r/w.
MISCELLANEOUS
14. If construction activities related to the project result in the disturbance of more than 1
acre of natural ground, an erosion/sediment control plan may be required. The Montana
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Department of Environmental Quality may need to be contacted by the Applicant to
determine if a Stormwater Discharge Permit is necessary. If a permit is required by the
State, the Developer shall demonstrate to the City full permit compliance.
Response: Noted and understood.
15. The Montana Department of 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 Site Plan approval.
Response: Noted and understood.
16. Detailed review and approval of the construction plans will be part of the infrastructure
plan and specification review process for each phase. Building permits may not be issued
until each plan is approved.
Response: Noted and understood.
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Lower Yards/HRDC Minor Subdivision – Planning Resolution No. P-09004
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Lower Yards/HRDC MiSub
RESOLUTION #P-09004
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD ON A
RECOMMENDATION OF A PRELIMINARY PLAT APPLICATION, WITH
VARIANCES, OF A FIRST MINOR SUBDIVISION FROM A TRACT OF
RECORD TO DIVIDE 7.47 ACRES INTO TWO PARCELS, ONE FOR LEASE,
ON PROPERTY ZONED “M-1” (LIGHT MANUFACTURING DISTRICT)
WHICH IS GENERALLY LOCATED AT 1812 NORTH ROUSE AVENUE, AND
DESCRIBED AS A TRACT OF LAND DESCRIBED UPON RECORD OF
DEEDS, VOL. 97, PAGES 626-627 FILED AT THE OFFICE OF THE CLERK
AND RECORDER OF GALLATIN COUNTY, LOCATED IN THE NE¼ OF
SECTION 6, T2S, R6E, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
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WHEREAS, the City of Bozeman has adopted a Master Plan pursuant to 76-1-604, 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 a jurisdictional area created
under 76-1-504, M.C.A.; and
WHEREAS, the City of Bozeman, represented by City of Bozeman, submitted a Minor
Subdivision Preliminary Plat Application to divide 7.47 acres of land into two parcels, one for lease,
on property described as a tract of land described upon Record of Deeds, Vol. 97, pages 626-627 filed
at the office of the Clerk and Recorder of Gallatin County, located in the NE¼ of Section 6, T2S, R6E,
P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS, the proposed Minor Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.06.040 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, July 21,
2009, to receive and review all written and oral testimony on the request for said Minor Subdivision
Preliminary Plat Application; and
WHEREAS, no written testimony has been received by the Planning Office; and
WHEREAS, one member of the public provided public testimony before the City of Bozeman
Planning Board expressing concern regarding the extension of municipal infrastructure to the adjacent
property, stormwater problems at the northeast corner of the site, the requirement of an easement
across the site and stated support for the variance for roadway upgrades along Rouse Avenue; and
WHEREAS, members of the City of Bozeman Planning Board discussed the requested
variances, upgrades to Rouse Avenue and West Griffin Drive, extension of municipal infrastructure to
adjoining properties, street access, anticipated traffic trips; and
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Lower Yards/HRDC Minor Subdivision – Planning Resolution No. P-09004
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WHEREAS, the City of Bozeman Planning Board passed a motion to recommend approval of
the following variances: 3) to allow the development of the subject subdivision with a stormwater
detention area located on a private lot and not on a private/separate lot as required in Section
18.42.080.D; 4) To allow the development of the subject subdivision without physical access as
required in Sections 18.06.040.D.1.a and 18.44.090.B.2; 5) to allow the development of the subject
subdivision without providing separate site utility infrastructure to the lease parcel as required in
18.38.030.D.1; 6) to allow the development of the subject subdivision without the requirement of the
minimum required private utility easement(front yard along N. Rouse) as required in Section
18.42.060.B.2.a; and
WHEREAS, the City of Bozeman Planning Board failed to pass a motion to recommend
approval of the following variances: 1) To allow the development of the subject subdivision without
compliance with Section 18.44, which specifies required upgrades to adjacent streets including street
lighting under Section 18.42.150.C for North Rouse Avenue; 2) To allow the development of the
subject subdivision without compliance with Section 18.44, which specifies required upgrades to
adjacent streets including street lighting under Section 18.42.150.C for East Griffin Drive, and7) to
allow the development of the subject subdivision without requiring the extension of municipal services
to the adjoining undeveloped land as required in Section 18.42.070.A.3.; and
WHEREAS, the City of Bozeman Planning Board, on a vote of 6 to 0, recommends conditional
approval of Planning Application No. P-09004 for the two-lot minor subdivision with the conditions
outlined in the staff report of the City of Bozeman Department of Planning and Community
Development; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a vote
of 6 to 0, recommends approval to the Bozeman City Commission to divide 7.47 acres of land into two
parcels, one for lease, on property described as a tract of land described upon Record of Deeds, Vol.
97, pages 626-627 filed at the office of the Clerk and Recorder of Gallatin County, located in the NE¼
of Section 6, T2S, R6E, P.M.M., City of Bozeman, Gallatin County, Montana, City of Bozeman,
Gallatin County, Montana, be approved with the following conditions:
City Engineer’s Office:
GENERAL:
1. The 100-year floodplain shall be delineated on the project site where the Base Flood Elevation
intersects the existing ground surface. A floodplain development permit shall be obtained prior to
construction of proposed improvements in the floodplain.
2. A mutual access easement and agreement must be provided for the HRDC lot through the City
owned parcel. The easement must provide access from Rouse Avenue and Griffin Drive to the
HRDC parcel at a minimum width of the proposed drive isle.
STORMWATER:
3. 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.
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Lower Yards/HRDC Minor Subdivision – Planning Resolution No. P-09004
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a) The master plan must depict the maximum sized retention/detention basin location, and locate
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 sites, drainage ways, and lot finished grades), typical
stormwater retention/detention basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan.
b) Detailed review of the final grading and drainage plan and approval by the City Engineer will
be required as part of the infrastructure plan and specification review process.
c) A storm water easement must be established on the adjacent property and filed with the County
Clerk and Recorder's Office for the retention pond and discharge course if located off the
subject property.
WATER AND SEWER:
4. The location of and distinction between existing and proposed sewer and water mains and all
easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and
proposed fire hydrants.
5. Easements needed 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 the easement. All necessary easements shall be provided prior to Final
plat approval and shall be shown on the plat.
6. All water main extensions of more than 500 feet required for any phase of the development shall
be fully looped. Water and sewer mains shall be extended to the property lines to adequately
accommodate future extensions and/or looping.
7. Water and sewer services shall be extended along the north boundary of the property from Rouse
Avenue to the northeastern edge of the property unless a variance is granted by the City
Commission.
STREETS, CURB & GUTTER AND SIDEWALKS:
8. A public street easement shall be granted for North Rouse Avenue that provides for a total right-
of-way width of 60’ east of centerline. The easement shall be acceptable in form and content and
executed by the property owner prior to final plat approval.
9. North Rouse Avenue along the property frontage shall be constructed to one-half a principal
arterial street standard in accordance with the 2007 Transportation Plan Update unless a variance
is granted by the City Commission.
10. Griffin Drive along the property frontage shall be constructed to a full local street standard in
accordance with the 2007 Transportation Plan Update unless a variance is granted by the City
Commission.
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11. A deviation from access separation standards of Section 18.44.090.D.3 UDO shall be prepared in
accordance with Section 18.44.090.H UDO. The deviation request shall be provided to and
approved by the City Engineer prior to final site plan approval.
12. The Montana Department of Transportation shall approve site access locations and construction
standards for accesses onto North Rouse Avenue.
13. A Utility Occupancy Permit shall be obtained from the Montana Department of Transportation for
proposed new or relocated utilities in North Rouse Avenue. The permit shall be obtained prior to
construction.
MISCELLANEOUS
14. If construction activities related to the project result in the disturbance of more than 1 acre of
natural ground, an erosion/sediment control plan may be required. The Montana Department of
Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater
Discharge Permit is necessary. If a permit is required by the State, the Developer shall
demonstrate to the City full permit compliance.
15. The Montana Department of 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 Site Plan approval.
16. Detailed review and approval of the construction plans will be part of the infrastructure plan and
specification review process for each phase. Building permits may not be issued until each plan is
approved.
Planning Office:
17. The final plan 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.
18. Development of the Lease Parcel will require compliance with the regulatory standards of the
Title 18 BMC as it relates to lot coverage, setbacks, parking, etc.
19. A draft copy of the lease agreement and covenants (if applicable) for the subdivision/lease shall be
submitted with the final plan application for review and approval by the Planning Department and
shall contain, but not be limited to, the provisions required in section 18.72.030 where applicable.
20. The final plan shall reference the two parcels as: Lease Parcel and Parcel R. All references on the
final document to be submitted shall state “Final Plan” and not “Final Plat.”
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DATED THIS 29th DAY OF JULY 2009, Planning Board Resolution #P-09004.
____________________________________ _________________________________
Andrew C. Epple, Planning Director Edward Sypinski, Vice President
City of Bozeman, Department of City of Bozeman Planning Board
Planning & Community Development
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