HomeMy WebLinkAboutJ & D Family Major Subdivision Preliminary Plat No. P-10001.pdf1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dave Skelton, Senior Planner
Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: J & D Family Major Subdivision
Preliminary Plat Application #P-10001
MEETING DATE: May 17, 2010
AGENDA ITEM TYPE: Action – Public Hearing
RECOMMENDATION: That the City of Bozeman Planning Board recommends conditional
approval of the Preliminary Plat Application for J & D Family Major Subdivision, Planning
application #P-10001, to include variances to Section 18.42.040.B and 18.42.040.C, BMC, with said
conditions listed in Planning Board Resolution #P-10001.
BACKGROUND: J & D Family Limited Partnership, and representative Big Sky Land Consulting,
have submitted a Major Subdivision Preliminary Plat application to subdivide 39.17 acres into 1
neighborhood commercial lot, 4 community commercial lots, 2 common area lots, 1 residential high
density lot for future subdivision and development, with the remaining area as open spaces and streets.
The subject property is annexed with a zoning designation of R-4 (Residential High Density District),
B-1 (Neighborhood Commercial District) and B-2 (Community Commercial District) and is located
west of North Cottonwood Road between future extensions of West Babcock Street and Fallon Street
and is bound on the west Norton Ranch East Subdivision. The DRC provided a recommendation of
conditional approval on March 24, 2010. The Planning Board held a public hearing and reviewed the
proposal on May 4, 2010, and voted 6-0 to recommend conditional approval of the preliminary plat
application and variances to Section 18.42.040.B and Section 18.42.040.C, BMC. Staff’s full analysis
of the review criteria for this major subdivision is included in the attached staff report.
UNRESOLVED ISSUES: There is one unresolved issue remaining with the preliminary plat
application for this major subdivision. The issue is directly related to the type of boulevard street
lights to be installed along the arterial road, North Cottonwood Road. With approval of the Norton
East Ranch Subdivision an angled pole standard or “goose neck” light standard is required along the
east side of North Cottonwood Road due to proximity to existing overhead power lines. The applicant
is requesting to install a higher quality light standard and fixture along their street frontages than that
currently proposed along the arterial. Therefore, the matter of discussion is: 1) what level of
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uniformity of street lights should be required along North Cottonwood Road, and 2) what street light
standard should be installed along the subdivision’s street frontage.
The Planning Office and City Staff are currently discussing the matter with NorthWestern Energy and
Montana Department of Transportation to offer a recommendation for consideration by the City
Commission at Monday’s public hearing. Initial comments provided by Mel Kotur of NorthWestern
Energy on the matter are attached to the staff report.
ALTERNATIVES:
1) Approval of the Preliminary Plat Application as submitted to include the request for variances
to the Bozeman Municipal Code with no conditions.
2) Approval of the Preliminary Plat Application with the recommended conditions of approval
provided by the Planning Board in Planning Board Resolution #P-10001.
3) Denial of the application.
4) As determined by the Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property
tax revenues, along with increased costs to deliver municipal services and emergency services to the
property, when the property is developed.
Attachments: Applicant’s Preliminary Plat Submittal Materials
Staff Report
Engineering Staff memo March 22, 2010
Planning Board Resolution #P-10001
Planning Board Minutes May 4, 2010
Aerial Vicinity Maps
Agency Review Comments
Report compiled on: May 12, 2010
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PLANNING BOARD & CITY COMMISSION STAFF REPORT FILE NO. #P-10001
J & D FAMILY MAJOR SUBDIVISION PRELIMINARY PLAT
#P-10001J & D Family Major Subdivision Preliminary Plat Staff Report
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Item: A Subdivision Preliminary Plat Application --- Planning Application #P-
10001, to subdivide 39.17 acre into 1 (one) neighborhood commercial lot,
four (4) community commercial lots, two (2) common area lots, and 1
(one) high density residential lot for future development, located west of
Cottonwood Road between future extensions of West Babcock Street and
Fallon Street.
Property Owner/ J & D Family Limited Partnership
Applicant: 32 Kean Drive
Bozeman, MT 59718
Representative: Big Sky Land Consulting
5530 Burnt Road
Belgrade, MT 59714
Date/Time: Before the Bozeman Planning Board on Tuesday, May 4, 2010 at 7:30 PM
and before the Bozeman City Commission on Monday, May 17, 2010 at
6:00 PM, both in the City Commission Meeting Room, City Hall, 121 N.
Rouse, Bozeman, Montana
Report By: Dave Skelton, Senior Planner
Recommendation: Conditional Approval
______________________________________________________________________________
PROJECT LOCATION
The subject property is located west of North Cottonwood Road, between future extensions of West
Babcock Street and Fallon Street and is bound on the west by the proposed Norton East Ranch
Subdivision. The property in question is legally described as the parcel of land located in NE ¼ SE
¼ excepting therefrom a strip of land 41 feet in width off the east side of said NE ¼ , SE ¼, all in
Section 9, T2S, R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
The property is currently situated within the corporate limits of the City of Bozeman and zoned “B-
1” (Neighborhood Commercial District), “B-2” (Community Commercial District), and “R-4”
(Residential High Density District). Please refer to the vicinity map provided on page two of this
report.
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#P-10001 J & D Family Major Subdivision Preliminary Plat Staff Report 2
PROPOSAL
J & D Family Limited Partnership, represented by Big Sky Land Consulting, has submitted a Major
Subdivision Preliminary Plat application to subdivide 39.17 acres, located west of North
Cottonwood Road between future extensions of Fallon Street and West Babcock Street, into 1
neighborhood commercial lot, 4 community commercial lots, 2 common open space lots, 1
residential high density lot, and the remaining area as open spaces, streets, and future parklands.
Access to the subdivision will be provided by three perimeter streets, two of which will connect to
North Cottonwood Road. The proposed subdivision is bound on the west by the Norton East Ranch
Subdivision, on the north by West Babcock St. (collector), on the south by Fallon Street (local), and
on the east by North Cottonwood Road (principal arterial). The intent of the major subdivision is to
create four commercial lots for the purposes of developing four individual auto dealership sites,
reserve a 5-acre lot for a neighborhood commercial node at the intersection of Cottonwood Road
and West Babcock Street, and develop in the future the residential component of the property as
high density residential under a separate preliminary plat application. As the residential component
is not part of this preliminary plat application, no dedicated parklands, public trail network,
neighborhood center, pavilion, or other parkland amenities are proposed as part of this
development.
Variances have been requested with the preliminary plat application to the following Sections of
Title 18 of the Bozeman Municipal Code: 1) to allow the development of the subject subdivision to
exceed the maximum block length of 400 feet as required in Section 18.42.040.B; and 2) to allow
the development of the subject subdivision to exceed the maximum block width of 400 feet as
required in Section 18.42.040.C.
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#P-10001 J & D Family Major Subdivision Preliminary Plat Staff Report 3
It is the applicant’s intent to complete the improvements and plat this subdivision over time through
a series of three phases for the commercial development and a fourth phase for future residential
development that includes a remainder tract identified as Tract R-1 on the preliminary plat
application. The residential component or Tract R-1 will be considered in the future under a
separate preliminary plat application. This is permitted as a future phase under a separate
preliminary plat application under Montana Code Annotated (MCA).
RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions of approval do not include code requirements identified in the staff
findings. Mandatory compliance with the explicit terms of Title 18, BMC does not constitute
conditions of approval. The conditions of approval may require compliance with more than the
minimum standards in order to conform to the physical and economic development of the City, and
to the safety and general welfare of the future lot owners and of the community at large. The
applicant must comply with all provisions of the Bozeman Municipal Code which are applicable to
this project.
The Development Review Committee finds that the Preliminary Plat application, with conditions, is
in general compliance with the adopted growth policy, the Montana Subdivision and Platting Act
and the Unified Development Ordinance. The Planning Board may provide advice and comments
on the following recommended conditions of approval:
Planning Office:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Final Subdivision Plats and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected certificates.
The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier
stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5)
paper prints. The applicant is advised that unmet code provisions, or code provisions that are
not specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions listed in the staff report have been satisfactorily addressed, and shall include a digital
copy (pdf) of the entire Final Plat submittal. This narrative shall be prepared in sufficient detail
to easily direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the
submittal.
3. The final plat shall show two distinct blocks and grouping of lot numbers using Automotive
Avenue as a dedicated street that bisects the property from north to south and creating two
appropriate blocks with individual groups of lots.
4. The applicant shall provide with the final plat application an updated utility plan exhibit
confirmed by NorthWestern Energy that shows the placement of all private utilities in
relationship to the construction of street boulevards and sidewalks along West Babcock Street,
Fallon Street and North Cottonwood Road to determine the final placement of all boulevard
trees. The final landscape plan for street boulevard trees shall reflect the location of all unities
verified by NorthWestern Energy to avoid installation of boulevard trees over public and private
utilities.
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5. The 100-year flood plain, wetlands, and water course setback boundaries (i.e., boundary only)
must be delineated on the final plat application.
6. The landscape plan, Exhibit L1 shall be revised to provide appropriate reference symbols and
data as outlined in 18.78.100.B and 18.78.100.C BMC as required for each individual species
type of boulevard trees and plantings proposed along the public streets, storm water facilities,
mitigation of Baxter Creek watercourse, and open space lots.
7. Landscape plans to improve the street median for North Cottonwood Road will need to be
landscaped and properly irrigated according to the Transportation Plan and Superintendent of
Streets. Typical landscape plans prepared by a certified nurseryperson will be necessary for
review and approval by the Street Department prior to submitting for final plat approval.
8. Water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or
cash in-lieu thereof will only be required for each phase of the subdivision that is being filed.
The applicant shall provide payment of the calculated cash in-lieu of water rights based on an
amount determined by the Director of Public Service.
9. The property owner’s association documents shall contain language stating that all finished
floor elevations shall be a minimum of 18 inches above the top of the curb in front of the
residence or commercial building. This building restriction shall be addressed and demonstrated
in the covenants/development guidelines.
10. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the property owners’ association.
11. That the final plat contain the following language that is readily visible with lettering, at a
minimum height of 3/16-inch, placing future landowners of individual lots on notice of the
presence of high groundwater in the area of the subdivision for review and approval by the
Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial
basements be constructed without first consulting a professional engineer licensed in the
State of Montana and qualified in the certification of residential and commercial
construction.”
12. The applicant shall provide a Class II public pedestrian and bicycle trail within a 30-foot wide
public access easement that connects Automotive Avenue with the future public trail corridor
along Baxter Creek. The final class and location of the trail, and possible need for a bridge,
shall be determined by the City of Bozeman Parks Department and Recreation and Parks
Advisory Board prior to submitting a final plat application.
13. That the existing Baxter Ditch situated at the southwest corner of the intersection North
Cottonwood Road and West Babcock Street (also jurisdictional wetlands #4) shall not be
culverted without proper permitting by the Army Corps of Engineers and Soil Conservation
District. Should the Army Corps and the Soil Conservation District determine that this section
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of Baxter Ditch may not be culverted the final plat shall provide a 50-foot watercourse setback
from the highwater mark of the watercourse and any associated wetlands, unless a variance is
granted by the City Commission.
14. Street lighting, including pathway intersection lighting, shall be installed by the subdivider.
Light locations and specifications shall be provided to the City Engineer for review and
approval with the public improvements plans and specifications. All street light poles shall be
installed a minimum of 10’ from any water or sewer main or appurtenance.
15. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
16. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall
cease.
17. Should any species of concern, as defined by the Montana Natural Heritage Program, be
discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and
the Montana Natural Heritage Program shall be contacted immediately and construction
activities shall cease.
18. Property owner’s association documents shall address the requirements for street trees, a City of
Bozeman planting permit for street trees and obtaining utility locates before any excavation
begins in the City of Bozeman right-of-way. The covenants shall include a planting note stating
that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the
newly planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in
diameter around each newly planted boulevard tree.
19. Should the applicant propose subdivision perimeter fencing or fencing along the Baxter Creek
corridor, open space areas, or public rights of way the subdivider shall provide a subdivision
perimeter fencing plan to be implemented prior to final plat approval. The plan shall include
plans and specifications to fence the perimeter of the project including the northern boundary of
the right-of-way for Fallon Street, the southern boundary of the right of way of W. Babcock
Street, west boundary of the right of way for Cottonwood Road, and the perimeter of the open
space areas associated with the Baxter Creek corridor.
20. Fences located in the front, side or rear yard setback of properties adjacent to any park or open
space areas shall not exceed a maximum height of 4 feet, and shall be of an open construction
designed in a manner to be consistent along all park land and open space areas. This
requirement with appropriate exhibits of fence types shall be addressed and illustrated in the
property owner’s association documents.
21. The applicant shall ensure that all original tract(s) of record of this property that are or through
the phasing of this subdivision will become remainder tract(s) of less than 160 acres were not
created for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior
to filing of a subdivision plat reviewed and approved by the City of Bozeman. The evidence
shall be in a written form to be filed with the final plat. An executed document shall be
submitted with the final plat. The tract(s) shall be legally described and the following statement
shall be placed on the tract(s):
“No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman”.
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22. The lot identified as Tract R-1 on the preliminary plat is considered a lot for further subdivision
and therefore shall be identified on the final plat as Lot R-1 with the restriction that no transfer
or development may occur without further subdivision review.
City Engineer’s Office:
23. The east half of Cottonwood Road including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to
transition back to the existing road width. The typical section shall mirror the existing western
half. All improvements to Cottonwood Road shall be completed in their entirety with phase 1 of
the development.
24. The south half of Babcock Street along with the required utility extensions shall be improved to
the 45’ BC to BC Collector standard matching the section approved for the Norton Subdivision
along the entire frontage of the subdivision. Improvements to Babcock Street shall be
completed from Cottonwood to the western line of the common open space lot with phase 1 of
the development.
25. Fallon Street and Automotive Avenue shall be improved to a local street standard along the
entire frontage of the subdivision. Fallon between Cottonwood and Automotive, and
Automotive in its entirety shall be constructed with phase 1 of the subdivision.
26. Access to the lots from Cottonwood and Babcock shall be limited in accordance with
18.44.090.D. Full accesses on Babcock shall be spaced a minimum of 330’, and partial accesses
150’. Full accesses on Cottonwood shall be spaced a minimum of 660’, and partial accesses
315’. Accesses on either Babcock or Fallon shall be a minimum of 150’from Cottonwood. No
access strips shall be placed on the plat to delineate the acceptable areas for future access.
27. The water main in Babcock shall be a minimum of 12” diameter in accordance with the Water
Facility Plan.
Recreation and Parks Advisory Board:
28. That the applicant installs a Type II class east-west public trail and bridge cross Baxter Creek
connecting the commercial lots with residential development to the west. Final location and
design will be determined by the Coty of Bozeman Parks Department and the Recreation and
Parks Advisory Board with the final plat application, located within a 30-foot public access
easement, and comply with City of Bozeman Parks Division specifications and standards.
Gallatin Valley Land Trust:
29. Should the subdivider plan to install fencing along the east side of the Baxter Creek open space
corridor it is recommended that the alignment of the jogged lot line for Lot 3 and Lot 4 of Phase
2 be adjusted to create a straight line in order to broaden the greenway trail corridor along the
watercourse corridor.
Wetlands Review Board:
30. The WRB shall be notified and invited to attend a preconstruction meeting prior to the
construction of any bridges, platforms or boardwalks.
31. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species,
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and limiting the use of rock in the bottom of the basins.
32. The WRB shall be notified and invited to attend a preconstruction meeting prior to the
construction of any platforms or boardwalks.
ZONING DESIGNATION & LAND USES
The subject property is currently vacant and was annexed to the City in 1997 as part of the Valley
West Annexation. The property was given an initial zoning designation of “R-4” (Residential High
Density District) for the entire 39+ acres with annexation. In 2001 the Bozeman 2020 Community
Plan established a “Neighborhood Commercial” node at the intersection of North Cottonwood Road
and West Babcock Street with a 5-acre “B-1” (Neighborhood Business District) designation at the
northeast corner of the subject property (i.e., Lot 5, Phase 3). The initial zoning designation was
further amended on January 14, 2008 by the City Commission to establish a “B-2” (Community
Commercial District) designation for 19.1 acres as described by the four “B-2” commercial lots on
the preliminary plat application (i.e., Lot 1 and Lot 2, Phase 1, and Lot 3 and Lot 4, Phase 2).
The intent of the R-4 district is to provide for high density residential development through a variety
of housing types within the City with associated service functions. This will provide a variety of
compatible housing types to serve the varying needs of the community’s residents. The net density,
as defined in Chapter 18.80, BMC, for new developments shall be 8 dwelling units per acre or
greater.
The intent of the B-1 neighborhood business district is to provide for smaller scale retail and service
activities frequently required by neighborhood residents on a day to day basis, as well as residential
development as a secondary purpose, while still maintaining compatibility with adjacent residential
lands uses. Development scale and pedestrian orientation are important elements of this district.
The intent of the B-2 community business district is to provide for a broad range of mutually
supportive retail and service functions located in clustered areas bordered on one or more sides by
limited access arterial streets.
The following land uses and zoning are adjacent to the subject property:
North: Vacant and/or used for agriculture activity (i.e., Valley West Subdivision future phases)
zoned “B-1” (Neighborhood Commercial District), and “RMH” (Residential
Manufactured Home Community);
The intent of the “RMH”, Residential Manufactured Home Community district is to provide
for manufactured home community development and directly related complementary uses
within the City at a density and character compatible with adjacent development. The
district is intended to residential in character and consistent with the standards for other
forms of residential development permitted.
South: Developed lands (i.e., Billion Plaza Auto Dealership PUD) zoned “BP”, Business Park
District;
The intent of the “BP” (Business Park District) is to provide for high quality settings and
facilities for the development of a variety of compatible employment opportunities. These
areas should be developed so as to recognize the impact on surrounding or adjacent
development and contribute to the overall imagine of the community. Compatibility with
adjacent land uses and zoning is required
East: Partially developed lands zoned R-O (Residential Office District);
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The intent of the “RO” (Residential-Office District) is to provide for and encourage the
development of multi-household and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of a
lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential
growth policy designation the primary use shall be non-office uses; where the district lies
over a non-residential designation the primary use shall be office and other non-residential
uses. Primary use shall be measured by percentage of building floor area.
West: Partially developed lands (i.e., North East Ranch Subdivision) zoned “R-4”,
(Residential High Density District).
GROWTH POLICY DESIGNATION
The 39.17 acres proposed for subdivision under this application is wholly surrounded by areas
designated “Residential” and “Community Commercial Mixed Use” on the Growth Policy Land
Use Map within the Bozeman Community Plan.
Residential - This category designates places where the primary activity is urban density living
quarters. Other uses which complement residences are also acceptable such as parks, low intensity
home based occupations, fire stations, churches, and schools. The residential designation also
indicates that it is expected that development will occur within municipal boundaries which may
require annexation prior to development. The dwelling unit density expected within this
classification varies. It is expected that areas of higher density housing would be likely to be
located in proximity to commercial centers to facilitate the broadest range of feasible transportation
options for the greatest number of individuals and support businesses within commercial centers.
Low density areas should have an average minimum density of six units per net acre. Medium
density areas should have an average minimum density of twelve units per net acre. High density
areas should have an average minimum density of eighteen units per net acre. A variety of housing
types should be blended to achieve the desired density with large areas of single type housing being
discouraged. In limited instances the strong presence of constraints and natural features such as
floodplains may cause an area to be designated for development at a lower density than normally
expected within this classification.
All residential housing should be arranged with consideration given to the existing character of
adjacent development, any natural constraints such as steep slopes, and in a fashion which advances
the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to
provide the principal locations for additional housing within the Planning Area.
Community Commercial Mixed Use – Activities within this land use category are the basic
employment and services necessary for a vibrant community. Establishments located within these
categories draw from the community as a whole for their employee and customer base and are sized
accordingly. A broad range of functions including retail, education, professional and personal
services, offices, residences, and general service activities typify this designation.
The following growth policy designations are adjacent to the subject property:
North: Vacant and/or used for agriculture (Valley West Subdivision future phases); designated
Residential and Community Commercial Mixed Uses;
South: Developed lands (Billion Plaza Auto Dealership PUD) designated Community
Commercial Mixed Use;
East: Partially developed lands designated Residential and Community Commercial Mixed
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Uses;
West: Norton East Ranch Subdivision currently under construction; designated Residential.
PRELIMINARY PLAT SUPPLEMENTS
A subdivision pre-application review for this project was completed by the Development Review
Committee on October 19, 2009.
During the pre-application review, no waivers were requested from Section 18.78.060, Additional
Subdivision Preliminary Plat Supplements, and the following supplemental items have been
provided as part of this preliminary plat application:
18.78.060. A Surface Water
Surface water resources found within the subdivision boundaries include the Baxter Creek
watercourse that bisects the west one-third of the site and the Baxter Ditch located in the northeast
corner of the site. Both watercourses are considered tributaries of the East Gallatin River and will
require a 50-foot setback to be established from the high water mark of the water course or any
associated wetlands. The applicant is considering a variance from the US Army Corps of Engineers
and Social Conservation District with 310 and 404 permitting to culvert the Baxter Ditch at the
northeast corner of the site. If this is not granted the applicant will need to maintain a 50-foot
setback from the watercourse and be so noted on the final plat. The street extensions of West
Babcock Street and Fallon Street will also cross Baxter Creek, a tributary of the East Gallatin River,
which is classified as a perennial stream by the Gallatin County Conservation District. The West
Babcock and Fallon Street crossing are planned extensions of the Bozeman Area Street Network as
identified in the 2001 Transportation Plan.
There are three areas in the proposed subdivision area that meet the wetland criteria. All three
wetland areas are under the jurisdiction of the US Army Corps of Engineers and require applicable
310 and 404 permits.
Surface water and wetland information is also found in Section 4 and Section 19 of the primary
subdivision binder and the Wetland Mitigation Plan and Delineation Report included in the
applicant’s submittal materials.
18.78.060.B Floodplains
According to the Flood Insurance Rate Maps (FIRM), the entire site lies in Zone X, which is outside
the 500 year flood plain. Therefore, the subject property is located outside of any identified
floodplain areas. However, in accordance with Chapter 18.58 “Floodplain Regulations” of the
Unified Development Ordinance a 100-year flood plain was prepared and mapped as part of the
Flood Hazard Evaluation performed for Baxter Creek with the Norton East Ranch Subdivision. The
evaluation recommends that all finished floor elevations be a minimum of 18 inches above the top
of the curb in front of the residence and the applicant for this preliminary plat application intends to
follow the same recommendation. The 100-year flood plain boundary will need to be delineated on
the final plat.
18.78.060.C Groundwater
The entire subdivision includes areas of shallow ground water. Static water levels within the test
wells are between 2 and 7 feet below the surface. A more detailed soils and groundwater report will
be completed at the time of engineering design. Additional information is provided in Section 12 of
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the applicant’s submittal materials. As with all subdivisions containing a shallow depth to
groundwater the following notation shall be provided on the final plat:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial basements
be constructed without first consulting a professional engineer licensed in the State of Montana
and qualified in the certification of residential and commercial construction.”
18.78.060.D Geology, Soils and Slopes
The subject property does not contain any geologic hazards or any unusual soil, topographic or
geologic conditions that would preclude construction in the proposed development locations. The
applicants provided a geotechnical investigation report, soils maps and reports from the Natural
Resource Conservation Service. Cuts and fills in excess of 3 feet are not anticipated. This
information is provided in Section 13 of the applicant’s submittal materials. The Building
Department will require a soils analysis to be provided with each application for a building permit
within the proposed subdivision.
18.78.060.E Vegetation
The majority of the property has been historically used for agricultural cultivation (e.g. mixed
grains and hay crops and livestock pasture) with the balance in native species within the wetland
areas. There are some noxious weeds present and a Memorandum of Understanding for a weed
control plan with the County Weed District is required with the Final Plat.
18.78.060.F Wildlife
According to the preliminary wildlife assessment prepared by Dr. Robert Eng and assisted by Dr.
Richard Mackie for the Norton East Ranch Subdivision there are no known endangered species or
critical game ranges on site. Deer are commonly seen on the property along with small animals,
rodents and birds. Comments by the Montana Department of Fish, Wildlife and Parks have been
received and only include generic subdivision comments that relate to impacts to the local
waterways from road building, drainage within the subdivision and sediment release due to
construction disturbance. See section 16 of the application materials for additional information.
18.78.060.G Historical Features
The applicant sent a letter to the State Historical Preservation Office requesting a cultural resource
file search. A copy of SHPO’s response is included in Section 17 of the applicant’s submittal
materials which indicated that there is a low likelihood cultural properties will be impacted and a
cultural resource inventory is unwarranted at this time. Anthro Research conducted a cultural
resource evaluation on the property. The study indicated that no evidence of cultural resources was
found. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
18.78.060.H Agriculture
The majority of this property has been used for agricultural purposes in the past. The property is
currently used for livestock pasture and has been fenced to protect the surrounding rotational crops.
Staff recommends a condition that the subdivider provides a perimeter fencing plan for review and
approval, and implementation prior to final plat.
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18.78.060.I Agricultural Water User Facilities
Baxter Ditch and Baxter Creek are the only conveying water sources that may be impacted by the
subdivision. The only disturbance to these water sources is from the installation of culverts due to
the extensions of W. Babcock Street and Fallon Street. All alterations and culvert installations are
permitted and will be required to be monitored and inspected as installation occurs. No impacts to
water users are anticipated. However, a notation to that effect will be added to the final plat to
protect downstream water users.
18.78.060.J Water and Sewer
Existing water mains in the vicinity of the property will be extended throughout the development to
serve the individual lots and includes capacity to serve the proposed development. In addition,
larger 10-inch main extensions will be provided to Cottonwood Road in order to serve future
development and the Engineering Department has made specific sizing conditions for these mains
as noted in the City’s Water Facility Plan
Water for domestic and fire use will be provided by a connection to existing 12” water main
situated in Cottonwood Road. Sanitary sewer will flow north from the subdivision then continue
east back to North Cottonwood Road where the sewage will continue further north to the City
Waste Treatment Plant
Water and Sewer infrastructure is also addressed in the preliminary engineering design report in
Section 24 of the applicant’s submittal materials.
18.78.060.K Stormwater Management
Stormwater management utilities will be constructed in accordance with the City of Bozeman’s
current design standards. The preliminary engineering report provides a detailed stormwater runoff
analysis of the proposed development including detention requirements to limit runoff to pre-
development 10-year recurrence flows. Storm water treatment facilities may be placed only in Zone
2 of the 50-foot setback of Baxter Creek which consists of 40% of the setback furthest from the
high water mark of the watercourse and associated wetlands, or last 20 feet of the setback. All
stormwater retention/detention facilities shall be landscaped and designed as landscape amenities as
outlined in 18.42.080 and 18.48.050.L, BMC with typical cross section, grading plans and
landscape details for each facility submitted with the landscape plan for review and approval.
Additional detailed analysis will be prepared for stormwater utilities to be constructed to serve
development and manage runoff in accordance with the City’s requirements during specific
engineering design for the subdivision.
Stormwater management is also addressed in the preliminary stormwater report in Section 23 of the
applicant’s submittal materials.
18.78.060.L Streets, Roads and Alleys
The subject property is directly adjacent to the City’s constructed road system with the primary
access to the new subdivision from North Cottonwood Road (a principal arterial). Extensions of
West Babcock Street (a collector) and Fallon Street (a local) to the west will provide the north and
south boundaries of the subdivision. The subdivision will be bound on the west by local streets that
will connect with the future development of the residential component of this subdivision that will
connect West Babcock Street and Fallon Street to provide a looped access to the subdivision. All
streets within the subdivision and Fallon Street will be constructed to City of Bozeman local street
standards.
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North Cottonwood Road will be constructed as a principal arterial and West Babcock Street as a
collector within a 90-foot right-of-way. West Babcock Street will include 5-foot sidewalks on both
sides as well as a 4-foot bike lane on the south side and a 10-foot parking/bike lane on the north
side.
The applicant proposes to construct the local streets to a width of 33 feet with a five foot sidewalk
and a 7.5’ boulevard. All sidewalks adjacent to parkland are required to be constructed to a six foot
width. The subdivision provides extensive use of alleyways for access to the individual lots. Alleys
will be constructed to a sixteen foot wide paved surface within a 20 foot right of way.
The Parks, Recreation, Open Space & Trails Plan (PROST) identifies the continuation of a public
trail system within the Baxter Creek watercourse setback that will include east west connections
extended west to connect with the Norton East Ranch Subdivision. The subdivision committee of
the Recreation Parks Advisory Board (RPAB) and Gallatin Valley Land Trust (GVLT) discussed
the subdivision during pre-application plan review and reaffirmed their recommendations during the
preliminary plat application review.
Public parklands and trail system network for this subdivision will be generally implemented with
further subdivision review of Tract R-1, which is not planned for development with this application.
Both the RPAB and GVLT recommended that the parkland and majority of the public trail system
be established along the west side of Baxter Creek with subdivision review of the Lot R-1 for
residential development (see Attachment “A”, “B” and “C”). However, it is recommended that an
east/west trail and bridge connecting the commercial lots with parklands and residential
development to the west be installed at this time with the final location determined by the RPAB,
GVLT, and Planning Office. This would require a 30-foot wide public access easement to be
established with the final plat application. Both advisory bodies supported the applicant’s request
for a variance to the subdivision block length and width standard to avoid another east/west street
crossing across Baxter Creek.
No lots in the subdivision will have direct access to Fallon Street or West Babcock Street
(collector). Limited access onto North Cottonwood Road may be permitted with approval by the
City Engineer’s Office.
West Babcock Street and Fallon Street will be constructed to the full width adjacent to the project
(i.e., Norton Ranch East) in accordance with the Bozeman Transportation Plan and the Traffic
Impact Study completed by Abelin Traffic Services for this project. The Engineering Department is
also recommending that the west side of North Cottonwood Road between West Babcock Street and
Fallon Street be upgraded to the current required standards for the principal arterial (see Attachment
“D”).
Additional details for the proposed roads and alleys are included in Section 21 of the applicant’s
submittal materials including the Traffic Impact Study (TIS) completed by Engineering Inc.
Lee Hazelbaker, Director of HRDC/Streamline/Galavan, in consultation with the Planning Office,
concurred that a transit stop along the principal arterial, Cottonwood Road is imperative. However,
without a transit master plan for this area it is recommended that a future transit stop in this area be
placed nearer to the residential development in Valley West at point where a stop would be most
accessible to the largest number of people and commercial properties (see Attachment “D” dated
March 30, 2010).
18.78.060.M Utilities
The applicant has included letters from Bresnan Communications and Northwestern Energy
regarding their ability to serve the project. The applicants have requested a letter from Qwest but no
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letter has been provided regarding phone service. The utility providers responding indicated that
private utilities can be provided to this subdivision.
Northwestern Energy will be providing utility easements for private services along Automotive
Avenue, West Babcock Street, Fallon Street, and North Cottonwood Road with additional
easements provided through parking lots where necessary. The existing overhead power line and
underground gas along the west side of North Cottonwood Road will require an updated utility
easement exhibit to determine the proper location and placement of boulevard trees along the
principal arterial.
For additional information regarding these utilities, see Section 18 of the applicant’s submittal
materials.
18.78.060.N Educational Facilities
A residential component is not included as part of this subdivision; therefore, Bozeman School
District #7 was not contacted for comment with this preliminary plat application. The District will
be contacted with further subdivision and development of the “R-4” residential parcel of the subject
property (i.e., Tract R-1).
18.78.060.O Land Use
This proposal includes 1 neighborhood commercial lot, 4 community commercial lots, 2 common
open space lots, 1 residential high density lot for future subdivision review, and the remaining area
as streets and future parklands.
The location of the proposed land uses are in general compliance with the City of Bozeman zoning
map and adopted growth policy.
Implementation of the master plan for development of the subject property is based on two major
land use types: 1) commercial development of the B-1 and B-2 commercial lots, and 2) residential
development of the R-4 lot described as Tract R-1, which requires further subdivision review and
related subdivision improvements.
The purpose of Tract R-1 is to avoid the creation of residential lots and installation of related
subdivision improvements with this preliminary plat application (i.e., streets, sanitary sewer and
water, street lights, sidewalks, dedicated parkland, and public trial system). It is the applicant’s
intent to complete the improvements and plat this subdivision over time through a series of phase
that will require further subdivision review of Tract R-1. This is permitted as a future phase under
Montana Code Annotated (MCA).
Through the process of phasing of a subdivision, parcels of property are created that are not tracts of
record but are remainders of less than 160 acres that cannot be described as a one-quarter aliquot
part of a United States government section. In accordance with MCA 76-3-104, a subdivision plat
must show all the parcels whether contiguous or not containing less than 160 acres that cannot be
described as a one-quarter aliquot part of a United States government section. In accordance with
MCA 73-3-103, a subdivision is a division of land that creates one or more parcels in order that the
parcels may be conveyed.
The City of Bozeman is not opposed to subdivision phasing provided that it is not contrary to the
general provisions of the Montana Subdivision and Platting Act. In order to adhere to the intent of
state law while allowing phasing of subdivisions, condition #21 is recommended.
“Applicant shall ensure that all original tract(s) of record of this property that are or through the
phasing of this subdivision will become remainder tract(s) of less than 160 acres were not
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created for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior
to filing of a subdivision plat reviewed and approved by the City of Bozeman. The evidence
shall be in a written form to be filed with the final plat. An executed document shall be
submitted with the final plat. The tract(s) shall be legally described and the following statement
shall be placed on the tract(s): “No instrument of transfer of this tract may be recorded prior to
filing of a subdivision plat reviewed and approved by the City of Bozeman”.
As the residential lot, Tract R-1 is not part of this preliminary plat application no parkland
requirements apply with this application. This also applies to workforce housing requirements of
Chapter 17.02 BMC. The applicant has provided a master plan for development of the entire 39-
acre parcel that illustrates further subdivision of that portion of the property that lies west of Baxter
Creek as high density residential lots. This will require further subdivision review to create
residential lots and address those regulatory standards of the Bozeman Municipal Code as it applies
to parkland, workforce housing, public trail network, etc.
18.78.060.P Parks and Recreation Facilities
As noted previously there is no residential or parkland component with this preliminary plat
application for commercial development. However, based on the master plan for development of
the entire property approximately eight residential high density lots are planned for the lands
situated west of Baxter Creek. Based on an anticipated density of 12 dwelling units per acre for the
“R-4” lots and the requirement of 0.03 acres of dedicated parkland, and at an estimated acreage of
4.669 of high density residential lands (56 dwelling units), approximately 1.68 acres (i.e., 73,218
square feet) of dedicated parkland would be required.
The RPAB and GVLT provided cursory comments with the future development of the residential
component of the property. Based on existing parklands in the immediate area, planned trail
connections to the west (i.e., Norton East Ranch Subdivision) and limited parkland with
development of Tract R-1 the advisory agencies find that a linear park would be appropriate with
future development along the Baxter Creek corridor.
18.78.060.Q Neighborhood Center Plan
A neighborhood center plan does not apply to the commercial lots for this preliminary plat
application. This will be addressed under a separate preliminary plat review of the Tract R-1 lot for
residential development in a future phase.
18.78.060.R Lighting Plan
The applicant’s proposed lighting plan is provided in Section 19 of their submittal materials. Street
lights are proposed for perimeter roadways and the intersections of local streets with additional
lighting at trail and street intersections. It is not clear with the cut-sheet and information provided if
the proposed fixture is a full “cutoff” shielded fixture that will comply with the Unified
Development Ordinance. This will need to be addressed with the final plat application.
Subdivision lighting SLID information shall be submitted to the Clerk of Commission after
preliminary plat approval in hard copy and digital form. Said SLID must be adopted by resolution
prior to submitting for final plat approval. Note that the proposed fixture is not a full “cutoff”
shielded fixture and does not comply with Unified Development Ordinance.
18.78.060.S Miscellaneous
The preliminary plat contains distinct blocks and grouping of lot numbers using Automotive
Avenue as a dedicated street that bisects the property from north to south. As a result, the plat
creates two appropriate blocks with individual groups of lots. For platting and recording purposes,
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as well as tracking of lots, blocks and parcels with future development, each block should contain is
own grouping of lot numbers unlike what is illustrated on the preliminary plat.
The preliminary plat identifies the phasing of the subdivision with diagonal crosshatching that is
inappropriate with the final plat. The final plat will need to clearly delineate each phasing boundary
line both grammatically within the subdivision with the approximate area of each phase shown on
the final plat for review and approval.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve or disapprove the
subdivision shall be whether the preliminary plat, public hearing if required, Planning Board advice
and recommendation, and additional information demonstrate that development of the subdivision
complies with this title, the City’s growth policy, the Montana Subdivision and Platting Act, and
other adopted state and local ordinances, including, but not limited to, applicable zoning
requirements. The Montana Subdivision and Platting Act, Section 76-3-608, establishes the
following primary review criteria for the governing body to consider when evaluating subdivisions.
Planning Staff, the DRC, and other reviewing agencies have made comments in relation to those
and other criteria as described below, and have recommended conditions as outlined at the
beginning of this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
The property has been previously annexed and, while a significant portion has remained
under cultivation, has been zoned and master planned for residential and parks uses.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities have been identified for this project.
3. Effects on Local Services
The Bozeman Community Plan identifies this property as lying within the “Capital Facilities
Overlay District” (Figure 6-2). The “Capital Facilities Overlay District” is intended to
establish a priority area for development within the larger scope of the Bozeman Community
Plan future land use plan. This is an area within the long-range growth area of the City
where services would be most efficiently provided in the near term and where development
in the near term would advance the goals of the Community Plan.
Water/Sewer. Water and sewer main extensions and upgrades will be required to serve this
development. Therefore, the standard code requirements apply, including the requirements
for plans and specifications, detailed design reports, and engineering services for
construction inspection, post-construction certification and preparation of mylar record
drawings applies. No building permits will be issued prior to substantial completion and
City acceptance of required water and sewer infrastructure improvements.
Pursuant to section 18.42.070.3 of the UDO, sewer and water mains shall be stubbed out to
the boundary of the subdivision to provide future service to adjoining undeveloped land.
Police/Fire. The property is located within the City’s Police and Fire emergency response
area. The subdivider must obtain addresses for the new lots from the City Engineering
Division prior to filing of the final plat to facilitate fire and police response to the site.
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In November of 2006, the City Commission adopted the Bozeman Fire Protection Master
Plan. The Fire Master Plan identified current and future service delivery deficiencies and
outlined timetables for future facilities and staffing to address the growing community. The
plan does not identify any specific improvements required with this development.
Streets. Several new and existing street improvements will be required to accommodate
this development. This includes improvements to West Babcock Street, Fallon Street, and
Cottonwood Road as analyzed in the Traffic Impact Study (TIS) completed for this project
by Abelin Traffic Services.
The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings. No building
permits will be issued prior to substantial completion and City acceptance of required street
infrastructure improvements.
Stormwater. The standard requirement for a detailed review of the final grading and
drainage plan, and approval by the City Engineer and Planning Office, will be required as
part of the infrastructure plan and specification review process. Provisions for routing of
major storm events (100 year) either through pipe, surface flow, or a combination thereof
shall be provided for any major drainage courses that are being cut off.
Parks/Trails. No dedicated public parkland is required with this commercial preliminary
plat application as residential lots are not proposed at this time. The Parks, Recreation,
Open Space & Trails Plan (PROST) identifies the need for a public trail network along the
Baxter Creek watercourse corridor in this area.
The Recreation and Parks Advisory Board (RPAB) and Gallatin Valley Land Trust (GVLT)
reviewed the proposal in October of 2009 and generally recommends approval of a public
linear park and trail system along the west side of Baxter Creek with future development of
the residential component of the property. The RPAB and GVLT recommended that with
this preliminary plat application that the developer install an east-west public trial and bridge
that will connect with residential development to the west of the water course. Both
advisory bodies recommended support of the block length and width variances requested by
the applicant.
Utilities. The subdivider will be responsible to extend power, cable and phone utilities to the
subdivision location. Private utilities are in the vicinity, but extensions will be needed. The
preliminary plat shows utility easements being provided along the alleyways and in the
fronts of the lots without alley access. Letters from the applicable utility companies,
excluding Qwest, were provided indicating that service can be provided to this new
development.
4. Effects on the Natural Environment
As required, an approved noxious weed management and re-vegetation plan was provided
with the preliminary plat application (see Section 8 of the applicant’s submittal materials).
A Memorandum of Understanding must be entered into with the County Weed Board prior
to submittal of the final plat.
The location of the wetlands and significant vegetation are located in subdivision has
already been discussed by staff. The City Wetland Review Board (WRB) has reviewed the
proposed impacts to the non-jurisdictional wetlands and is generally in favor of the proposed
subdivision. No specific conditions related to the site were recommended by the WRB to
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mitigate any potential impacts of the development on the wetland areas.
All roadway crossings of the Baxter Creek and Baxter Ditch and associated wetland areas
will occur only with the approval of 310 and/or 404 Permits from the Gallatin County
Conservation District and the Army Corp of Engineers. Groundwater quality will be
protected by the installation of municipal sewer systems.
Finally, the applicants provided a letter from the State Historic Preservation Office regarding
cultural resources on the subject property. The letter from SHPO indicates that there is a
low likelihood that cultural properties will be impacted. The applicant also contracted with
Anthro Research to conduct a cultural resource survey of the property. The study indicated
that no evidence of cultural resources was found. Staff is recommending a condition
requiring that should historical, cultural and/or archeological materials be inadvertently
discovered during construction of this project, the State Historical Preservation Office
(SHPO) and the Bozeman Historic Preservation Office shall be contacted immediately and
construction activities shall cease.
5. Effects on Wildlife and Wildlife Habitat
According to the preliminary wildlife assessment there are no known endangered species or
critical game ranges on site. Deer are commonly seen on the property along with small
animals, rodents and birds. Comments by the Montana Department of Fish, Wildlife and
Parks have been received and only include generic subdivision comments that relate to
impacts to the local waterways from road building, drainage within the subdivision and
sediment release due to construction disturbance. The required permitting for the roadway
crossings and for any wetland fill or sediment discharge to local waters should prevent of
mitigate any impacts to local waters.
Staff is recommending a condition that should any species of concern, as defined by the
Montana Natural Heritage Program, be discovered on-site during construction, the Montana
Department of Fish, Wildlife and Parks and the Montana Natural Heritage Program shall be
contacted immediately and construction activities shall cease.
6. Effects on Public Health and Safety
The intent of the regulations in the Title 18 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the
Bozeman Development Review Committee (DRC) which has determined that it is in general
compliance with the title. Any other conditions deemed necessary to ensure compliance
have been noted throughout this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
The property in question has been surveyed and platted in conformance with the Montana
Subdivision and Platting Act and filed as a preliminary plat in accordance with the state
statute and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Unified Development Ordinance and shall
be addressed with the final plat submittal:
Planning Staff Code Provisions:
a. 18.04.050 - Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office,
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is due with each final plat of the major subdivision.
b. 18.06.040.D.6 of the BMC, conditional approval of the Preliminary Plat shall be in force for
not more than one calendar year for minor subdivisions, two years for single-phased major
subdivisions and three years for multi-phased major subdivisions. Prior to that expiration
date, the 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.
c. 18.42.060.B.1.a “Private Utilities” – The final plat and property owner’s association
documents shall contain a note stating that if a utility easement is greater than the building
setback required by the Title 18 of the B.M.C. said easement shall apply.
d. 18.42.100.B.5 “Watercourse Setbacks” and “Exceptions” – On-site stormwater treatment
facilities may be placed only in Zone 2 of the 50-foot setback which consists of 40% of the
setback furthest from the high water mark of the watercourse and associated wetlands, or
last 20 feet of the setback.
e. 18.42.100.C.1 “Other Provisions” – The watercourse setback shall be depicted on all
preliminary and final plats and plans.
f. 18.44.010.A. “Streets” - When a proposed development adjoins undeveloped land, and
access to the undeveloped land would reasonably pass through the new development, streets
within the proposed development shall be arranged to allow suitable development of the
adjoining undeveloped land. Streets within the proposed development shall be constructed
to the boundary lines of the tract to be developed, unless prevented by topography, or other
physical conditions, in which case a subdivision variance must be approved by the City
Commission.
g. 18.44.120 “Public Transportation” – Any interior and exterior development streets that are
designated as transit routes shall be designed to accommodate transit vehicles and facilities.
The subdivider in consultation with MDT, the City of Bozeman, and Streamline Transit
shall locate, design, and construct a transit stop with seating, lighting, a bike rack, and a
shelter at the Neighborhood Center per section 18.44.120 of the Bozeman Municipal Code.
h. 18.42.050, utilities shall be placed underground, wherever technically and economically
feasible. If overhead utility lines are used, they shall be placed along the rear property line.
i. 18.42.080.H “Grading and Drainage” - All stormwater retention/detention facilities shall be
landscaped and designed as landscape amenities as outlined in 18.42.080 and 18.48.020.L,
BMC with typical cross section, grading plans and landscape details for each facility
submitted with the final plat application and landscape plan for review and approval, prior to
Final Plat approval.
j. 18.42.120, if mail 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 United States Postal Service. It shall not be the responsibility of the City to maintain or
plan any mail delivery area constructed within a City right-of-way.
k. 18.42.150.C “Lighting” – all street lighting shall be operated and maintained through the
creation of a new SLID and shall be submitted to the City of Bozeman within 2 months of
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preliminary plat approval. Subdivision lighting SLID information shall be submitted to the
Clerk of Commission after preliminary plat approval in hard copy and digital form. Said
SLID must be adopted by resolution prior to submitting for final plat approval. Note that
the proposed fixture appears to not be a full “cutoff” shielded fixture based on the
information provided. This will need to be addressed with the final plat application.
l. 18.48.050. E “Street Frontage Landscaping Required” – verification of the existing and
proposed private utilities and easements will need to be confirmed prior to final plat
approval to determine placement of boulevard trees in relationship to the public right-of-way
and utility easements.
m. 18.48.050.L “Maximum Allowable Slope or Grade” – The finish grade of all landscape
areas shall not exceed a slope of 25% grade (4 run : 1 rise).
n. 18.50.080.D “Storm Water Detention/Retention Ponds” – The park and open space master
plan shall provide a grading and landscape plan for any storm water facilities located in
dedicated parklands or open space areas. Maximum grading of said facilities and design
shall be such that the facility serves as a landscape feature and further complies with
18.48.050.L “Maximum Allowable Slope or Grade” of the U.D.O.
o. 18.50.090, executed waivers of right to protest creation of special improvement districts
(SIDs) for a park maintenance district shall be executed and submitted with the final plat to
be filed with the Gallatin County Clerk and Recorder at the time of final plat recordation.
p. Section 18.48.070 requires the subdivider to install irrigation, sod and street trees on all
external streets and adjacent to public parks or other open spaces. A landscape plan shall be
submitted, identifying the location and tree species to be installed by the developer, prior to
installation of the trees or by final plat, whichever comes first.
q. All improvements are subject to Chapter 18.74 “Improvements and Guarantees.” If it is the
developer’s intent to file the plat prior to the completion of all required improvements, 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.
r. 18.72.020 “Property Owners Association” - Covenants, restrictions, and articles of
incorporation for the creation of a property owners’ association shall be submitted with the
final plat application for review and approval by the Planning Office and shall contain, but
not be limited to, provisions for assessment, maintenance, repair and upkeep of common
open space areas, public parkland/open space corridors, fencing stormwater facilities, public
trails, snow removal, street lighting, street boulevards, and other areas common to the
association pursuant to Chapter 18.72 of the Bozeman Municipal Code.
1. These documents shall include a common area and facility maintenance plan and
guarantee for the permanent care and maintenance of open spaces, recreational areas,
stormwater facilities and parking lots in accordance with Chapter 18.72 or the
Bozeman Municipal Code.
2. These documents shall be submitted to the city attorney and shall not be accepted by
the city until approved as to legal form and effect. A draft of these documents must
be submitted for review and approval by the Planning Department at least 45
working days prior to filing and recordation with the Gallatin County Clerk and
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Recorder.
3. These documents shall be executed and submitted with the final plat to be filed with
the Gallatin County Clerk and Recorder at the time of final plat recordation.
s. Section 18.78.040.H “Phased Improvements” – The preliminary plat identifies the phasing
of the subdivision with diagonal crosshatches that is inappropriate with the final plat. The
final plat will need to clearly delineate each phasing boundary line within the subdivision
with the approximate area of each phase shown on the final plat for review and approval.
t. The final plat must be in compliance with all requirements of Section 18.78.070 “Final
Plat,” including, but not limited to the following items:
1. Section 18.78.070.C states that a Memorandum of Understanding shall be entered
into by the Weed Control District and the subdivider for the control of county
declared noxious weeds and a copy provided to the Planning Department prior to
final plat approval.
2. The final plat submittal shall include all required documents, including certification
from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The final
plat application shall include four (4) signed reproducible copies on a stable base
polyester film (or equivalent); two (2) digital copies on a double-sided, high density
3½-inch floppy disk or compact disk; and five (5) paper prints.
3. Final Park Plan. For all land used to meet parkland dedication requirements, a final
park plan shall be submitted to the City of Bozeman for review and approval prior to
final plat. The installation of any park improvements to meet minimum development
standards or conditions of approval shall comply with Chapter 18.74, BMC. The
final park plan shall be reviewed and approved by the City Commission, with a
recommendation from the Bozeman Recreation and Parks Advisory Board. The
final park plan shall include all of the information listed in §18.78.060.P of this
chapter.
4. Irrigation System As-Builts. The developer shall provided irrigation system as-builts,
for all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts shall
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
s. Stormwater Master Plan:
A Stormwater Master Plan for this phase of the subdivision for a system designed to remove
solids, silt, oils, grease and other pollutants from the runoff from the private and public
streets and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized detention/retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision to
transport runoff to the stormwater receiving channel. The plan shall include sufficient site
grading and elevation information (particularly for the basin sites, drainage ways and
finished lot grades), typical stormwater detention/retention basin and discharge structure
details, basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
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Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or
private streets, common open space, parks, etc.) shall not be located in easements within
privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established
based on maximum site development. Final facility sizing may be reviewed and reduced
during design review of the FSP for each lot.
t. Plans and specifications and a detailed design report for water and sewer main extensions,
streets and storm drainage facilities, prepared by a Professional Engineer (PE) registered in
the state of Montana, shall be provided to and approved by the City Engineer. Water and
sewer plans shall also be approved by the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for Construction
Inspection, Post-construction Certification, and preparation of mylar Record Drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted. All plans and specification shall comply with the current version (including all
addenda) of the City of Bozeman Design Standards and Specifications Policy and the City
of Bozeman Modifications to Montana Public Works Standard Specifications Fifth Edition
that have been adopted at the time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements unless all of the requirements
of Section 18.74.030.D of the Unified Development Ordinance are met to allow for
concurrent construction.
u. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other
non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not constructed
said sidewalk shall, without further notice, construct within 30 days said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the final plat for the subdivision.
v. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
w. The location of and distinction between existing and proposed sewer and water mains and
all easements shall be clearly and accurately depicted on the plans, as well as all nearby fire
hydrants and proposed fire hydrants.
x. Any 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. Wherever water and/or
sewer mains are not located under or accessed from improved streets, a 12 foot wide all
weather access drive shall be constructed above the utilities to provide necessary access.
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y. Street names must be approved by the Gallatin County GIS office and City Engineering
office prior to final plat approval.
z. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
aa. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
bb. 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 plan and specification approval.
cc. 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.
dd. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with Section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
ee. All construction activities shall comply with Section 18.74.020.A.2 of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that
are identified.
ff. Ditch relocation:
1. The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the
proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
shall be obtained prior to FSP approval.
2. The Applicant shall comply with all parts of section 18.42.060.D for any ditch
relocation.
City Engineer’s Code Provisions:
1. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt,
oils, grease and other pollutants from the runoff from the private and public streets and all
lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of
and provide easements for adequate drainage ways within the subdivision to transport runoff
to the stormwater receiving channel. The plan shall include sufficient site grading and
elevation information (particularly for the basin site, drainage ways and finished lot grades),
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typical stormwater detention/retention basin and discharge structure details, basin sizing
calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or
private streets, common open space, parks, etc.) shall not be located on easements within
privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each
lot, the maximum sizing of the storm retention facilities for each lot will be established
based on maximum site development. Final facility sizing may be reviewed and reduced
during design review of the FSP for each lot.
2. Plans and specifications and a detailed design report for water and sewer main extensions,
storm sewer and the public street, prepared by a Professional Engineer, shall be provided to
and approved by the City Engineer and the Montana Department of Environmental Quality.
The Applicant shall also provide Professional Engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted. All plans and specification shall comply with the current version (including all
addenda) of the City of Bozeman Design Standards and Specifications Policy and the City
of Bozeman Modifications To Montana Public Works Standard Specifications Fifth Edition
that have been adopted at the time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other
non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of
the plat recordation of any phase of the subdivision, any lot owner who has not constructed
said sidewalk shall, without further notice, construct within 30 days said sidewalk for their
lot(s), regardless of whether other improvements have been made upon the lot. This
condition shall be included on the final plat for the subdivision.
4. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
5. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality
and Army Corps of Engineer's shall be contacted regarding the proposed project and any
required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP
approval.
6. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,
with the utility located in the center of the easement. In no case shall the utility be less than
10 feet from the edge of easement.
7. Project phasing shall be clearly defined including installation of infrastructure.
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8. The developer shall make arrangements with the City Engineer's office to provide addresses
for all individual lots in the subdivision prior to filing of the final plat.
9. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
10. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all costs
associated with the work if it becomes necessary for the City to correct any problems that
are identified.
11. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
D. Compliance with the required subdivision review process.
The public hearings before the Planning Board and City Commission have been property
noticed as required by Title 18, BMC. The notice was mailed to all adjoining property
owners by certified mail and noticed in the Bozeman Daily Chronicle. Based on the
recommendation of the DRC and other applicable review agencies, as well as any public
testimony received on the matter, the Bozeman Planning Board shall forward a
recommendation in a Resolution to the Bozeman City Commission who will make the final
decision on the applicant’s request.
E. Provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted accordingly on the
final plat for each phase.
F. Provision of legal and physical access to each parcel.
The proposed lots will gain access from the internal local street, Automotive Avenue that
will connect with the area’s transportation network and limited egress/ingress points onto
North Cottonwood Road. The final plat shall include a public access easement for all areas
labeled as “open space” and for all streets if they are not dedicated to the public in order to
comply with Section 18.44.090.B of the UDO.
18.66.070 SUBDIVISION VARIANCES
Variances have been requested with this preliminary plat application to the following Sections of
Title 18 of the Bozeman Municipal Code: 1) to allow the development of the subject subdivision to
exceed the maximum block length of 400 feet as required in Section 18.42.040.B; and 2) to allow
the development of the subject subdivision to exceed the maximum block width of 400 feet as
required in Section 18.42.040.C.
Per Section 76-3-506, MCA, a variance to the Unified Development Ordinance 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
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upon the evidence presented in each specific case that the following review criteria are adequately
addressed.
Section 18.42.040.B to exceed the block length standards of the Bozeman Municipal Code of not
more than 400 feet where practical. Block length within the subdivision is up to 1,628 feet long.
The maximum length indicated in the U.D.O. is 1,320 feet.
Section 18.42.040.C to exceed the maximum width of 400 feet. The maximum block width is
approximately 900 feet.
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.
As a commercial subdivision to develop four auto dealership lots and one neighborhood
commercial node, larger lots are necessitated to allow for larger scale development that will
have extensive auto display areas or multiple neighborhood commercial structures on a
single lot. Section 18.42.040.A. Size and Orientation, indicates that “blocks shall be
designed to assure a high level of multimodal connectivity, traffic safety, and ease of traffic
control and circulation; to accommodate the special needs of the use contemplated; and to
take advantage of the limitations and opportunities of the topography.” (underlining added).
While this subdivision is proposed to contain only 5 commercial lots, the lots can be
aggregated to accommodate larger scale users based on demand. In addition, the proposed
street layout does provide for adjoining property connections and circulation as proposed.
West Babcock Street and Fallon Street abuts the Norton Ranch East Subdivision to the west
and the principal arterial, North 19th Avenue is immediately adjacent to the east side. While
no local east-west streets are proposed, the development plan proposes two egress/ingress
points connecting with North 19th Avenue. Therefore, the proposed larger block lengths and
widths did not preclude adequate roadway connections to the areas transportation network
and adjoining properties. The provision of the Class II trail connecting with the Baxter
Creek corridor also provides another pedestrian connection along with the sidewalks that
will be constructed with West Babcock Street, Fallon Street, and North Cottonwood Road.
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 subject property is not substantially unique in shape, but is controlled by the access
limitations onto West Babcock Street (collector road) and North Cottonwood Road
(principal arterial). In addition, the location of Baxter Creek through the center of the
property also limits additional east/west roadways. Both the RPAB and GVLT advisory
bodies recommended support of the variance request to eliminate a east-west crossing across
the Baxter Creek corridor finding that the corridor is one of the principal pedestrian and
pristine corridors in the west regions of the community. The corridor is planned to extend
from south of Huffine Lane north to US Highway 10.
3. The variance will not cause a substantial increase in public costs.
If the variance is not granted, the construction of additional roadways would not add
significant public costs to the development of the project.
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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: The Development Review Committee and Planning Office supports the variance request
for the reasons stated above in the variance criteria.
PUBLIC COMMENT
No public comments have been received by the Planning Department as of the writing of this report.
Any comments received after the writing of this Staff Report will be distributed to the Planning
Board and City Commissioners at the public hearings.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.D of the Title 18, BMC, the Planning Board shall review the
preliminary plat and supplementary information to determine if the proposed plat is in compliance
or noncompliance with the adopted Growth Policy. The Planning Board shall act to recommend
approval, conditional approval or denial of the preliminary plat application. The Board shall then
provide advice and comments to the Bozeman City Commission for its consideration at its Monday,
May 17, 2010 hearing which begins at 6:00 PM. The Planning Board Resolution #P-10001 and
minutes from the Planning Board’s meeting will be forwarded to the City Commission and made a
part of the Commission’s record.
AS AN APPLICATION FOR A MAJOR SUBDIVISION, THE PLANNING BOARD WILL MAKE A
RECOMMENDATION TO THE CITY COMMISSION. THE CITY COMMISSION SHALL MAKE
THE FINAL DECISION ON THIS APPLICATION. THE DECISION OF THE CITY
COMMISSION MAY BE APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN
SECTION 18.66, BMC.
Attachments: Agency Review Comments
Applicant’s Preliminary Plat Submittal Materials
Mailed to: J & D Family Limited Partnership, 32 Kean Drive, Bozeman, MT 59718
Big Sky Land Consulting, PLLC, 5530 Burnt Road, Belgrade, MT 59714
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RESOLUTION #P-10001
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION, TO SUBDIVIDE 39.17
ACRES, LOCATED WEST OF COTTONWOOD ROAD BETWEEN FUTURE
EXTENSIONS OF WEST BABCOCK STREET AND FALLON STREET INTO 1
NEIGHBORHOOD COMMERCIAL LOT, 4 COMMUNITY COMMERCIAL LOTS, 2
COMMON AREA LOTS, 1 RESIDENTIAL HIGH DENSITY LOT FOR FUTURE
SUBDIVISION AND DEVELOPMENT, AND THE REMAINING AREA AS OPEN SPACES
AND STREETS ON PROPERTY DESCRIBED AS THE NE ¼ OF THE SE ¼ EXCEPTING
THEREFROM A STRIP OF LAND 41 FEET IN WIDTH OFF THE EAST SIDE OF SAID
NE1/4, SE1/4 ALL IN SECTION 9, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a growth policy pursuant to Section 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the property owner, J & D Family Limited Partnership, and representative, Big
Sky Land Consulting, submitted a Major Subdivision Preliminary Plat Application to subdivide 39.17
acres, located west of Cottonwood Road between future extensions of West Babcock Street and
Fallon Street into 1 neighborhood commercial lot, 4 community commercial lots, 2 common area
lots, 1 residential high density lot for future subdivision and development, and the remaining area as
open spaces and streets on property legally described as a tract the NE ¼ of the SE ¼ excepting
therefrom a strip of land 41 feet in width off the east side of said NE ¼ , SE ¼, all in Section 9, T2S,
R5E, P.M.M., City of Bozeman, Gallatin County, Montana.
WHEREAS, the proposed Major Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.04 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the proposed Major Subdivision Preliminary Plat Application includes a request
for variances to Title 18 of the Bozeman Municipal Code: 1) Section 18.42.040.B to allow the
development of the subject subdivision to exceed the maximum block length of 400 feet and 2)
Section 18.42.040.C to allow the development of the subject subdivision to exceed the maximum
block width of 400; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday, May 4,
2010, to review the application and any written public testimony on the request for said Major
Subdivision Preliminary Plat Application; and
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WHEREAS, no members of the generally public provided written or oral public testimony on
the matter of the preliminary plat application; and
WHEREAS, members of the City of Bozeman Planning Board discussed the proposed
preliminary plat application regarding North Cottonwood Road, street alignments to the north, east
west pedestrian connectivity, street lighting, storm drainage facilities and site grading, and required
street improvements; and
WHEREAS, the City of Bozeman Planning Board moved to recommend conditional approval
of the preliminary plat application with staff conditions of approval; and
WHEREAS, the City of Bozeman Planning Board considered an amendment to the motion of
conditional approval of the preliminary plat application to specify that said recommendation of
approval includes approval of the requested variances to Section 18.42.040. B and 18.42.040.C,
BMC: and
WHEREAS, the City of Bozeman Planning Board’s motion to amend the motion of
conditional approval of the preliminary plat application to amend condition #12 regarding
construction of a Class II public pedestrian and bicycle trail and easement from Baxter Creek to
Cottonwood Road, instead of Automotive Drive failed on a vote of 3 to 3; and
WHEREAS, the City of Bozeman Planning Board voted to 6 to 0 to amend the motion of
conditional approval of the preliminary plat application for condition #9 of the staff report to strike
the language “or commercial”; and
WHEREAS, the City of Bozeman Planning Board voted 6 to 0 to amend the motion of
conditional approval of the preliminary plat application to add condition #33 to require a 30-foot
public trail easement from Automotive Drive to Cottonwood Road; and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act and found that, with conditions as
amended, the Major Subdivision Preliminary Plat Application would comply with those requirements;
and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a
vote of 6-0, recommends to the Bozeman City Commission that the application to subdivide 39.17
acres, located west of Cottonwood Road between future extensions of West Babcock Street and
Fallon Street into 1 neighborhood commercial lot, 4 community commercial lots, 2 common area
lots, 1 residential high density lot for future subdivision and development, and the remaining area as
open spaces and streets on property legally described as a tract the NE ¼ of the SE ¼ excepting
therefrom a strip of land 41 feet in width off the east side of said NE ¼ , SE ¼, all in Section 9, T2S,
R5E, P.M.M., City of Bozeman, Gallatin County, Montana, be conditionally approved subject to the
following conditions as amended:
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Planning Office:
1. The Final Plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Final Subdivision Plats and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements were
received, a platting certificate, and all required and corrected certificates. The Final Plat
application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base
polyester film (or equivalent); two (2) digital copies; one (1) PDF copy; and five (5) paper prints.
The applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the
lawful requirements of the Bozeman Municipal Code or state law.
2. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions listed in the staff report have been satisfactorily addressed, and shall include a digital
copy (pdf) of the entire Final Plat submittal. This narrative shall be prepared in sufficient detail to
easily direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. The final plat shall show two distinct blocks and grouping of lot numbers using Automotive
Avenue as a dedicated street that bisects the property from north to south and creating two
appropriate blocks with individual groups of lots.
4. The applicant shall provide with the final plat application an updated utility plan exhibit confirmed
by NorthWestern Energy that shows the placement of all private utilities in relationship to the
construction of street boulevards and sidewalks along West Babcock Street, Fallon Street and
North Cottonwood Road to determine the final placement of all boulevard trees. The final
landscape plan for street boulevard trees shall reflect the location of all unities verified by
NorthWestern Energy to avoid installation of boulevard trees over public and private utilities.
5. The 100-year flood plain, wetlands, and water course setback boundaries (i.e., boundary only)
must be delineated on the final plat application.
6. The landscape plan, Exhibit L1 shall be revised to provide appropriate reference symbols and data
as outlined in 18.78.100.B and 18.78.100.C BMC as required for each individual species type of
boulevard trees and plantings proposed along the public streets, storm water facilities, mitigation
of Baxter Creek watercourse, and open space lots.
7. Landscape plans to improve the street median for North Cottonwood Road will need to be
landscaped and properly irrigated according to the Transportation Plan and Superintendent of
Streets. Typical landscape plans prepared by a certified nurseryperson will be necessary for
review and approval by the Street Department prior to submitting for final plat approval.
8. Water rights, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and
approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash
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in-lieu thereof will only be required for each phase of the subdivision that is being filed. The
applicant shall provide payment of the calculated cash in-lieu of water rights based on an amount
determined by the Director of Public Service.
9. The property owner’s association documents shall contain language stating that all finished floor
elevations shall be a minimum of 18 inches above the top of the curb in front of each residence or
commercial building. This building restriction shall be addressed and demonstrated in the
covenants/development guidelines.
10. That the final plat contain a notation stating that all downstream water user facilities will not be
impacted by this subdivision and that it also be noted accordingly in the by-laws and protective
covenants for the property owners’ association.
11. That the final plat contain the following language that is readily visible with lettering, at a
minimum height of 3/16-inch, placing future landowners of individual lots on notice of the
presence of high groundwater in the area of the subdivision for review and approval by the
Planning Office:
“Due to the potential of high ground water tables in the areas of the subdivision, it is not
recommended that residential dwellings or commercial structures with full or partial
basements be constructed without first consulting a professional engineer licensed in the State
of Montana and qualified in the certification of residential and commercial construction.”
12. The applicant shall provide a Class II public pedestrian and bicycle trail within a 30-foot wide
public access easement that connects Automotive Avenue with the future public trail corridor
along Baxter Creek. The final class and location of the trail, and possible need for a bridge, shall
be determined by the City of Bozeman Parks Department and Recreation and Parks Advisory
Board prior to submitting a final plat application.
13. That the existing Baxter Ditch situated at the southwest corner of the intersection North
Cottonwood Road and West Babcock Street (also jurisdictional wetlands #4) shall not be
culverted without proper permitting by the Army Corps of Engineers and Soil Conservation
District. Should the Army Corps and the Soil Conservation District determine that this section of
Baxter Ditch may not be culverted the final plat shall provide a 50-foot watercourse setback from
the highwater mark of the watercourse and any associated wetlands, unless a variance is granted
by the City Commission.
14. Street lighting, including pathway intersection lighting, shall be installed by the subdivider. Light
locations and specifications shall be provided to the City Engineer for review and approval with
the public improvements plans and specifications. All street light poles shall be installed a
minimum of 10’ from any water or sewer main or appurtenance.
15. Subdivision lighting SILD information shall be submitted to the Clerk of Commission after
Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
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16. Should historical, cultural and/or archeological materials be inadvertently discovered during
construction of this project, the State Historical Preservation Office (SHPO) and the Bozeman
Historic Preservation Office shall be contacted immediately and construction activities shall cease.
17. Should any species of concern, as defined by the Montana Natural Heritage Program, be
discovered on-site during construction, the Montana Department of Fish, Wildlife and Parks and
the Montana Natural Heritage Program shall be contacted immediately and construction activities
shall cease.
18. Property owner’s association documents shall address the requirements for street trees, a City of
Bozeman planting permit for street trees and obtaining utility locates before any excavation begins
in the City of Bozeman right-of-way. The covenants shall include a planting note stating that the
planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly
planted tree is visible and above ground, and there should be a mulch ring 3’ -4’ in diameter
around each newly planted boulevard tree.
19. Should the applicant propose subdivision perimeter fencing or fencing along the Baxter Creek
corridor, open space areas, or public rights of way the subdivider shall provide a subdivision
perimeter fencing plan to be implemented prior to final plat approval. The plan shall include plans
and specifications to fence the perimeter of the project including the northern boundary of the
right-of-way for Fallon Street, the southern boundary of the right of way of W. Babcock Street,
west boundary of the right of way for Cottonwood Road, and the perimeter of the open space
areas associated with the Baxter Creek corridor.
20. Fences located in the front, side or rear yard setback of properties adjacent to any park or open
space areas shall not exceed a maximum height of 4 feet, and shall be of an open construction
designed in a manner to be consistent along all park land and open space areas. This requirement
with appropriate exhibits of fence types shall be addressed and illustrated in the property owner’s
association documents.
21. The applicant shall ensure that all original tract(s) of record of this property that are or through
the phasing of this subdivision will become remainder tract(s) of less than 160 acres were not
created for purposes of transfer, and that no transfer or conveyance of said tracts will occur prior
to filing of a subdivision plat reviewed and approved by the City of Bozeman. The evidence shall
be in a written form to be filed with the final plat. An executed document shall be submitted with
the final plat. The tract(s) shall be legally described and the following statement shall be placed on
the tract(s):
“No instrument of transfer of this tract may be recorded prior to filing of a subdivision plat
reviewed and approved by the City of Bozeman”.
22. The lot identified as Tract R-1 on the preliminary plat is considered a lot for further subdivision
and therefore shall be identified on the final plat as Lot R-1 with the restriction that no transfer or
development may occur without further subdivision review.
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City Engineer’s Office:
23. The east half of Cottonwood Road including any required utility extensions shall be constructed
along the frontage of the subdivision including tapers meeting AASHTO requirements to
transition back to the existing road width. The typical section shall mirror the existing western
half. All improvements to Cottonwood Road shall be completed in their entirety with phase 1 of
the development.
24. The south half of Babcock Street along with the required utility extensions shall be improved to
the 45’ BC to BC Collector standard matching the section approved for the Norton Subdivision
along the entire frontage of the subdivision. Improvements to Babcock Street shall be completed
from Cottonwood to the western line of the common open space lot with phase 1 of the
development.
25. Fallon Street and Automotive Avenue shall be improved to a local street standard along the entire
frontage of the subdivision. Fallon between Cottonwood and Automotive, and Automotive in its
entirety shall be constructed with phase 1 of the subdivision.
26. Access to the lots from Cottonwood and Babcock shall be limited in accordance with
18.44.090.D. Full accesses on Babcock shall be spaced a minimum of 330’, and partial accesses
150’. Full accesses on Cottonwood shall be spaced a minimum of 660’, and partial accesses 315’.
Accesses on either Babcock or Fallon shall be a minimum of 150’from Cottonwood. No access
strips shall be placed on the plat to delineate the acceptable areas for future access.
27. The water main in Babcock shall be a minimum of 12” diameter in accordance with the Water
Facility Plan.
Recreation and Parks Advisory Board:
28. That the applicant installs a Type II class east-west public trail and bridge cross Baxter Creek
connecting the commercial lots with residential development to the west. Final location and
design will be determined by the Coty of Bozeman Parks Department and the Recreation and
Parks Advisory Board with the final plat application, located within a 30-foot public access
easement, and comply with City of Bozeman Parks Division specifications and standards.
Gallatin Valley Land Trust:
29. Should the subdivider plan to install fencing along the east side of the Baxter Creek open space
corridor it is recommended that the alignment of the jogged lot line for Lot 3 and Lot 4 of Phase
2 be adjusted to create a straight line in order to broaden the greenway trail corridor along the
watercourse corridor.
Wetlands Review Board:
448
J & D Family Major Subdivision
7
30. The WRB shall be notified and invited to attend a preconstruction meeting prior to the
construction of any bridges, platforms or boardwalks.
31. All stormwater basins/detention ponds within the subdivision shall be naturalized by creating
irregularly-shaped basins, vegetating with native grass/emergent wetland and woody species, and
limiting the use of rock in the bottom of the basins.
32. The WRB shall be notified and invited to attend a preconstruction meeting prior to the
construction of any platforms or boardwalks.
33. The applicant shall provide a 30-foot wide public access easement from Automotive Avenue to
Cottonwood Road.
DATED THIS DAY OF , 2010 Resolution #P-10001
_____________________________ ____________________________
Chris Saunders, Interim Planning Director Brian Caldwell, President
Department of Planning & Community Development City of Bozeman Planning Board
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City of Bozeman Planning Board Minutes of May 4, 2010. 1
PLANNING BOARD MINUTES
TUESDAY, MAY 4, 2010
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Caldwell called the regular meeting of the Planning Board to order at 8:15 p.m. in the
Community Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana and
directed the secretary to take attendance.
Members Present: Staff Present:
Trever McSpadden David Skelton, Senior Planner
Brian Caldwell, President Tara Hastie, Recording Secretary
Chris Budeski
Eugene Graf, IV
Jeff Krauss
Erik Henyon, Vice President
Members Absent: Guests Present:
Bill Quinn Tom Henesh
Bob Wiersma
Chris Wasia
Joe Billion
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not
scheduled on this agenda. Three-minute time limit per speaker.}
Seeing no public comment forthcoming, President Caldwell closed the public comment portion of
the meeting.
ITEM 3. MINUTES OF APRIL 20, 2010
MOTION: Mr. Budeski moved, Mr. Krauss seconded, to approve the minutes of April 20, 2010
as presented. The motion carried 4-0 with Vice President Henyon and Mr. Graf abstaining.
Those voting aye being President Caldwell, Mr. McSpadden, Mr. Budeski, and Mr. Krauss.
Those voting nay being none.
ITEM 4. PROJECT DISCUSSION
1. Preliminary Plat Application #P-10001 – (J&D Family MaSub) A Major
Subdivision Preliminary Plat requested by the owner and applicant, J&D Family
Limited Partnership, and representative, Big Sky Land Consulting, and requesting
the subdivision of 25 acres into an 8-lot subdivision with one B-1(Neighborhood
Business District) lot, four B-2 (Community Business District) lots, two common
open space lots, and one lot for further subdivision as an R-4 (Residential High
Density District) for property legally described as NE ¼, SE ¼, Sec.9, T2S, R5E,
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City of Bozeman Planning Board Minutes of May 4, 2010. 2
less the east 41 feet, PMM, Gallatin County, Montana and generally located on
Cottonwood Road between Fowler Avenue and West Babcock Street. (Skelton)
Senior Planner David Skelton presented the Staff Report noting the proposal was to subdivide the
property into generally commercially zoned zoning districts. He noted the adjacent land uses and
subdivisions. He noted the property had originally been designated as residential when it was
annexed in 1997. He stated the Neighborhood Commercial nodes had been created in 2001 which
had affected a portion of the property. He stated the northeast parcel would be the B-1
Neighborhood Commercial lot as established in the Comprehensive Plan. He stated the
development would be completed in four phases and noted those delineations. He stated the
residential component would be in a future phase four and is not being considered with this
preliminary plat application. He stated there wasn’t much development occurring west of
Cottonwood Road, but future phases of Valley West subdivision were undeveloped at this time
and the Billion property PUD had been established south of the site and included a private sewer
and water system that could be tied into the City facilities. He stated the development to the west
would be the Norton East Ranch Subdivision that would have many of the same conditions of
approval as the J&D Family proposal. He stated Baxter Creek is the only physical feature
identified on the property and has merit on the design of the subdivision as well as the design of
Norton East Subdivision; the creek bisected the property. He stated there was very little mature
vegetation and associated wetlands had been identified for the property. He stated the only area
with mature vegetation was part of the Valley West Subdivision and a trail corridor to the north
that will be established through the area. He stated the Baxter Ditch was also considered a
watercourse and the applicant might be allowed to culvert the ditch in the future upon review and
approval by the Wetlands Review Board and Army Corp of Engineers. He reiterated that the R-4
lot would be considered as a future subdivision; there would be an anticipated density of up to 12
dwelling units per acre and dedicated parkland would be required at that time.
Planner Skelton stated most of the 100 year flood plain was on the west side of the creek but the
associated wetlands boundaries would have a required setback. He stated no public parkland was
required with commercial lots but would be required with the subdivision of the R-4 zoned parcel.
He noted Recreation and Park Advisory Board and Gallatin Valley Land Trust recommendations
placing the future public trail on the west side of the creek; GVLT had an issue with jagged fence
lines due to creek setbacks and had suggested a redesign of the subdivision lines adjacent to the
creek reduce the visual impact of the jagged lines if fencing was proposed.
Planner Skelton stated there were two variances requested; for block length to exceed 400 feet
and for block width to exceed 400 feet. He stated there were significant transportation
improvements that would occur in the immediate area and all appropriate review agencies had felt
that because of the importance of Baxter Creek there was no need for another east west crossing
on the site. He stated all infrastructure related issues had been addressed in the Staff Report. He
stated no building restriction would apply to the subdivision, but noted that the final plat provide
notice of evidence of high ground water in the area. He stated the City Engineering Office had
recommended a number of improvements to the transportation network system; the storm water
for the streets would be collected on individual lots and developed as landscape features as an
extension of the open space corridors along Baxter Creek. He stated the one interior local street
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City of Bozeman Planning Board Minutes of May 4, 2010. 3
would be Automotive Avenue; the completion of Cottonwood Road, West Babcock Street and
Fowler Street would be required. He stated Staff had received no public comment for the
proposal and was recommending approval of the project with Staff conditions.
Mr. Krauss asked what was to the east of the property. Planner Skelton responded partially
developed lands zoned R-O were to the east of the site that included a vet clinic and the HRDC
building. Mr. Krauss asked if there would be an opportunity to install an east west pedestrian
connection on the south portion of the site. Planner Skelton responded the Norton Subdivision
would provide a north south pedestrian connection further to the west as part of the local street
system, but the only pedestrian connections east west would beside the streets would be the
public trails. Mr. Krauss stated a pedestrian would have to walk all the way around the site
without an east west connection; he suggested a trail along the north side of the automotive
block. Planner Skelton responded condition of approval #28 addressed the installation of an east
west connection that would include a bridge. Mr. Krauss responded it would make sense to tie
the trail system from the west into the site and carry the trail across to the west side of the site to
North Cottonwood Road.
Vice President Henyon directed the Board to GVLT’s comments regarding the alignment of the
north south streets with the adjacent properties and asked if the streets would align. Planner
Skelton responded the B-1 node was not defined with the conceptual plan for Valley West
Subdivision’ however, the street local street, Automotive Avenue would line up. Mr. Krauss
asked why the lot lines did not line up. Planner Skelton responded that when the neighborhood
node was created at this intersection on the comprehensive plan the dimensions were not
established for each future parcel. The actual dimensions for the two 5-acre B-1 lots west of
Cottonwood Road were determined with the pre-application review for this subdivision and thus
the zoning district alignment of both B-1 lots. Vice President Henyon stated the roads in
Bozeman tended to not line up and he wanted to be sure the roads lined up with the subdivision
north of the property. Planner Skelton responded the roads would line up unless the owner
requested a variance and it was granted by the City Commission.
Mr. McSpadden stated he saw as part of the subdivision there would be a condition to improve
the second half of Cottonwood Road and asked Planner Skelton to explain. Planner Skelton
responded that the developer is typically required to develop their half of a collector or arterial
street so that when both developers have constructed their side of the street the end result creates
a full collector or arterial street; they would be required to construct the east side of the road that
would taper down to a two way or an SID would be required. Mr. McSpadden stated he was
trying to figure out the impacts associated with the subdivision. Planner Skelton responded that
unless there is some other means of constructed the street network, like and SID, the City takes
the position that certain transportation improvements must be completed before any developers
may subdivide lands in a specified area. To achieve this, a developer may be required to complete
only a portion of the improvements based on street frontage, trip generation, or a combination
thereof. Mr. McSpadden stated he wondered if the subdivision was the right place to exact the
improvement.
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City of Bozeman Planning Board Minutes of May 4, 2010. 4
Mr. Graf asked if the HRDC property would be participating in the road improvement process.
Planner Skelton responded the HRDC property would not be participating in those improvements
as it was not part of a subdivision proposal, but instead a site plan review application.
Tom Henesh, Big Sky Land Consulting, and Joe Billion, 32 Kean Drive addressed the Board. Mr.
Henesh stated he believed the Board expected the property to be subdivided and Mr. Billion’s
intent was to continue the ownership of the property and run a car dealership. He stated the
intent was to provide a core dealership area so the services were not scattered. He stated the
zone map amendment, details for each zoning district, alignment of streets with adjacent
subdivisions had been determined. He stated the applicant was looking at beginning construction
of the car dealership this fall. He stated he was available to answer questions and added he would
be supportive of striking the condition requiring improvements to Cottonwood Road.
Mr. Billion stated there had been a lot of concern with regard to development along Huffine Lane
and with the direction of the City the commercial node had been a long term goal to provide the
dealerships behind one another instead of in a strip down Huffine Lane. He stated he was looking
forward to construction of his new dealership. Mr. Budeski asked if Mr. Billion was intending to
do concurrent construction on the site. Mr. Billion responded infrastructure work was already
being done. Mr. Henesh added that during site plan the construction of Automotive Avenue
would be completed with the exception of possibly some of the sidewalk.
President Caldwell asked for clarification of condition #12 as it did not explicitly state where the
class II trail running north south would be located. Planner Skelton responded the trail to the
north in Valley West Subdivision was currently unimproved and with no public trail easement, but
a use by privilege; the residential aspect of this subdivision would be required to include a public
trail to tie into Norton and Valley West in the future. Condition #12 calls for an east west trail
from the commercial lots to connect with the future parkland and trails west of Baxter Creek in
the future. President Caldwell asked the timing on the installation of the trail. Planner Skelton
responded the trail would be required to be installed within one year of the filing of the final plat
for the subdivision. President Caldwell asked Planner Skelton to address the sewer capacity in
that area due to the potential of additional heavy water use. Planner Skelton responded there was
an agreement between the two landowners to use a certain amount of capacity. Mr. Henesh
stated the car wash recycled 85% of their water so was not a big user as one would think; the
square footage of each building and the residential aspect of the development had been gauged
and rounded off to make sure that City Engineering would be comfortable with the projected
usage compared to the actual usage.
Mr. Budeski stated he did not see the easement for the trail depicted on the plat. Planner Skelton
responded that the applicant did not propose the trail, that the recommendation had been a
suggested condition from GVLT during the preliminary plat review; they did not want to establish
specifically where the trail would go until they had further discussions with the developer.
President Caldwell asked if the lighting would conform to the lighting standards for the City.
Mr. Billion responded it would comply with the ordinance and would be dimmer that what is
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City of Bozeman Planning Board Minutes of May 4, 2010. 5
required; bright lighting would waste a lot of energy.
President Caldwell opened the item for public comment. Seeing no public comment forthcoming,
the public comment portion of the item was closed.
Mr. McSpadden asked if the variances would need to be specifically addressed in the motion. Mr.
Krauss the best thing to do was have a motion on the floor before discussion and Staff’s findings
could be agreed with and would need to be mentioned in the motion.
MOTION: Mr. Budeski moved, Mr. Graf seconded, to forward a recommendation of approval
to the City Commission for Preliminary Plat Application #P-10001 with Staff conditions of
approval.
Mr. Krauss suggested the variances be specifically addressed in the motion.
AMENDMENT: Mr. Budeski moved, Mr. Graf seconded, to forward a recommendation of
approval to the City Commission for Preliminary Plat Application #P-10001 with Staff conditions
of approval and approval of the requested variances for block width and length.
Mr. McSpadden stated he was concerned with the condition of approval to require a second lane
on Cottonwood Road and asked the Board for comments. President Caldwell stated the
Transportation Plan dictated the guidelines for how streets are to be developed, but as far as the
Community Plan and Transportation Plan, the condition of approval was consistent with those
documents. Mr. McSpadden stated he was most concerned with the timing of the improvements.
President Caldwell responded the City had seen what could happen without the timely installation
of those improvements. Mr. McSpadden stated all evidence suggested that there weren’t really
any improvements necessary. Mr. Budeski stated one of the requirements was that perimeter
roads be constructed with the development of the subdivision; he added Norton East Subdivision
would also be participating in those improvements. Mr. Krauss responded commercial
development would be best served with a larger road and the time to make those improvements
would be during subdivision; he stated the underlying site plan would be built to be a destination –
he liked the idea of going north and south on Cottonwood Road and that was the reason the area
as zoned that way. He stated he had a concern about granting the variances unless a way was
found to get a person from Cottonwood Road to Norton East Subdivision. President Caldwell
stated the alignment of the two thirty foot pedestrian right of ways could extend to Cottonwood
Road.
Mr. Budeski stated the commercial node could be conditioned to be developed with a trail system
to make that connection at that time. Mr. Graf responded there was no access from the property
to the east so they would have to go north or south to one of the streets to make the crossing.
Vice President Henyon stated the easiest way to access the trail would be to go down automotive
trail and create a diagonal trail through the property. He stated he had heard Mr. Billion’s vision
in past years and his intentions had always been the same.
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City of Bozeman Planning Board Minutes of May 4, 2010. 6
Mr. Budeski stated he agreed with Mr. Graf that there should not be a crossing where pedestrians
would not be safe. Mr. Krauss stated he would not be supportive of the variances as a 1200 foot
long block was too long with no pedestrian pathway.
President Caldwell stated the crossing did not necessarily have to be unsafe and could be designed
to provide for the safety of pedestrians; he suggested the public right of way for pedestrian
movement would be of equal importance.
AMENDMENT: Mr. Krauss moved, Mr. Graf seconded, to replace “Automotive Avenue” with
“Cottonwood Road” in Staff condition of approval #12. The amendment failed 3-3. Those
voting aye being Mr. Krauss, Vice President Henyon, and Mr. Budeski, those voting nay being
Mr. McSpadden, Mr. Graf, and President Caldwell.
Mr. Krauss suggested the condition could be amended to require that the applicant shall also
provide 30 foot wide public easement connecting Cottonwood Road with the trail.
Vice President Henyon stated he was concerned with pedestrian safety regarding crossing through
the development instead of taking the complete streets and sidewalks. President Caldwell stated a
30 foot easement and a class II trail would be a bargain and would not be as arduous.
Planner Skelton suggested a time frame be included as it was typically one year after final plat
approval.
Mr. Graf asked where the 18 inch distance was measured from. Planner Skelton responded the
distance was measured from the adjacent street; everything would generally have to drain north or
northwest. Mr. Graf asked if it was the street curb and not the driveway curb. Planner Skelton
responded it would be measured from the nearest local street. President Caldwell responded there
was a difference of 6 feet on the site. Planner Skelton responded it would be measured from the
nearest local street unless City Engineering considered other alternatives. Mr. Budeski stated the
measurement worked well with residences, but longer structures would cause problems. Planner
Skelton responded City Engineering would require a certain grade and condition of approval #9
could be moot.
AMENDMENT: Mr. Budeski moved, Mr. Graf seconded, to strike the language “or commercial
building” in Staff condition #9. The amendment carried 6-0. Those voting aye being President
Caldwell, Vice President Henyon, Mr. McSpadden, Mr. Budeski, Mr. Graf, and Mr. Krauss.
Those voting nay being none.
Mr. Budeski stated he would like to revisit the issue of the easement for the trail; he liked the idea
of providing the easement. Mr. Graf stated an easement allowed flexibility in the location and
provided the pedestrian connection.
AMENDMENT: Mr. McSpadden moved, Mr. Budeski seconded, to add condition #33 to
require a 30 foot dedicated trail easement from Automotive Drive to Cottonwood Road. The
amendment carried 6-0. Those voting aye being President Caldwell, Vice President Henyon, Mr.
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City of Bozeman Planning Board Minutes of May 4, 2010. 7
McSpadden, Mr. Budeski, Mr. Graf, and Mr. Krauss. Those voting nay being none.
FINAL MOTION: Mr. Krauss moved, Mr. Graf seconded, to forward a recommendation of
approval to the City Commission for Preliminary Plat Application #P-10001 with Staff conditions
of approval, approval of the requested variances for block width and length, to strike the language
“or commercial building” in Staff condition of approval #9, and to add condition #33 to require a
30 foot dedicated trail easement from Automotive Drive to Cottonwood Road.
Mr. Graf suggested Cottonwood Road improvements be put off until such a time as the rest of
Cottonwood Road was completed. President Caldwell explained that procedurally, those
improvements should not be held off as the City had seen what would happen if the improvements
were never completed.
The motion carried 6-0. Those voting aye being President Caldwell, Vice President Henyon,
Mr. McSpadden, Mr. Budeski, Mr. Graf, and Mr. Krauss. Those voting nay being none.
ITEM 5. ELECTION OF OFFICERS (Continued from 4/20/10.)
Mr. Caldwell called for nominations to the Presidency and Vice Presidency of the Board.
Mr. Graf nominated Erik Henyon for President. Mr. Krauss nominated Brian Caldwell for
President. No other nominations were forthcoming.
Mr. Budeski stated he thought it would be time for President Caldwell to pass the torch as he had
been the President for the past two years; he suggested rotating through the members as
President. Mr. Krauss added that every three months, the President or his designee, must attend
the TCC meeting.
Mr. Caldwell stated he appreciated the idea of passing the torch, but he wanted to see previous
projects through the review process as President of the Board.
The nomination for Erik Henyon as President carried 4-2. Those voting aye being Mr.
Budeski, Mr. McSpadden, Mr. Graf, and Mr. Henyon. Those voting nay being Mr. Caldwell and
Mr. Krauss.
Mr. Krauss nominated Mr. Caldwell as Vice President. No further nominations were
forthcoming.
The nomination for Mr. Caldwell as Vice President carried 6-0. Those voting aye being
President Caldwell, Vice President Henyon, Mr. McSpadden, Mr. Budeski, Mr. Graf, and Mr.
Krauss. Those voting nay being none.
ITEM 6. NEW BUSINESS
There were no items forthcoming.
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City of Bozeman Planning Board Minutes of May 4, 2010. 8
ITEM 7. ADJOURNMENT
Seeing there was no further business before the Board, President Caldwell adjourned the meeting
at 10:18 p.m.
__________________________________ __________________________________
Brian Caldwell, President David Skelton, Senior Planner
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
457
458
March 22, 2010
To: Development Review Committee
From: Bob Murray, Project Engineer
Re: J&D Family MaSub Prel. Plat #P-10001
The following should be included as Final Plat conditions for this subdivision:
STANDARD CONDITIONS/CODE PROVISIONS
1. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,
silt, oils, grease and other pollutants from the runoff from the private and public streets
and all lots must be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location
of and provide easements for adequate drainage ways within the subdivision to transport
runoff to the stormwater receiving channel. The plan shall include sufficient site grading
and elevation information (particularly for the basin site, drainage ways and finished lot
grades), typical stormwater detention/retention basin and discharge structure details,
basin sizing calculations and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public
or private streets, common open space, parks, etc.) shall not be located on easements
within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be reviewed
and reduced during design review of the FSP for each lot.
2. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional Engineer, shall
be provided to and approved by the City Engineer and the Montana Department of
Environmental Quality. The Applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings.
459
Construction shall not be initiated on the public infrastructure improvements until the
plans and specifications have been approved and a pre-construction conference has been
conducted. All plans and specification shall comply with the current version (including
all addenda) of the City of Bozeman Design Standards and Specifications Policy and the
City of Bozeman Modifications To Montana Public Works Standard Specifications Fifth
Edition that have been adopted at the time of approval of the plans and specifications.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
3. All infrastructure improvements including 1) water and sewer main extensions, and 2)
public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or
other non-lot frontages, and related storm drainage infrastructure improvements shall be
financially guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary
of the plat recordation of any phase of the subdivision, any lot owner who has not
constructed said sidewalk shall, without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether other improvements have been made upon
the lot. This condition shall be included on the final plat for the subdivision.
4. The location of existing water and sewer mains shall be properly depicted. Proposed
main extensions shall be noted as proposed.
5. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental
Quality and Army Corps of Engineer's shall be contacted regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior
to FSP approval.
6. Easements for the water and sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall the utility be
less than 10 feet from the edge of easement.
7. Project phasing shall be clearly defined including installation of infrastructure.
8. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
9. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for
site developments, or with the infrastructure plans for subdivisions. It shall be the
responsibility of the applicant to ensure that the construction traffic follows the approved
routes.
460
10. All construction activities shall comply with section 18.74.020.A.2. of the Unified
Development Ordinance. This shall include routine cleaning/sweeping of material that is
dragged to adjacent streets. The City may require a guarantee as allowed for under this
section at any time during the construction to ensure any damages or cleaning that are
required are complete. The developer shall be responsible to reimburse the City for all
costs associated with the work if it becomes necessary for the City to correct any
problems that are identified.
11. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
PROJECT SPECIFIC CONDITIONS
12. The east half of Cottonwood Road including any required utility extensions shall be
constructed along the frontage of the subdivision including tapers meeting AASHTO
requirements to transition back to the existing road width. The typical section shall
mirror the existing western half. All improvements to Cottonwood Road shall be
completed in their entirety with phase 1 of the development.
13. The south half of Babcock Street along with the required utility extensions shall be
improved to the 45’ BC to BC Collector standard matching the section approved for the
Norton Subdivision along the entire frontage of the subdivision. Improvements to
Babcock Street shall be completed from Cottonwood to the western line of the common
open space lot with phase 1 of the development.
14. Fallon Street and Automotive Avenue shall be improved to a local street standard along
the entire frontage of the subdivision. Fallon between Cottonwood and Automotive, and
Automotive in its entirety shall be constructed with phase 1 of the subdivision.
15. Access to the lots from Cottonwood and Babcock shall be limited in accordance with
18.44.090.D. Full accesses on Babcock shall be spaced a minimum of 330’, and partial
accesses 150’. Full accesses on Cottonwood shall be spaced a minimum of 660’, and
partial accesses 315’. Accesses on either Babcock or Fallon shall be a minimum of
150’from Cottonwood. No access strips shall be placed on the plat to delineate the
acceptable areas for future access.
16. The water main in Babcock shall be a minimum of 12” diameter in accordance with the
Water Facility Plan.
cc: ERF
Project File
461
Bozeman Recreation & Parks Advisory Board
P.O. Box 1230 · Bozeman, MT · 59771
Park Plan Review
PLANNER: Dave Skelton
FROM: Subdivision Review Committee
SUBJECT: J & D Family Minor Subdivision
REVIEWED ON: October 23, 2009
COMMENTS:
· As a minor subdivision there is no parkland dedication requirement at this time. The
purpose of the review is to plan for future parkland in anticipation of the remainder of
the parcel being developed or sold. The undeveloped portion is zoned B-2 (community
business) and R-4 (high density residential). Assuming 12 units per acre for the high
density residential, the resulting parkland dedication requirement projects to
approximately 1.7 acres. The applicant’s proposal shows a linear park of 5.9 ±
acres. It also shows two greenway connectors to the west border of the development.
· The initial question raised was should the parkland be a linear or a neighborhood park.
· The importance of a trail along Baxter Creek connecting with the north/south trail
proposed in the Valley West Subdivision to the north was emphasized. Whether this
trail is on the east or west side of the creek can be examined at a later date, with the
alignment of the trail and safety of the crossing of Babcock being a principal concern.
· Additionally it was suggested that an variance be made to allow a long block between
Fallon Street and West Babcock (approx ¼ mile)
RECOMMENDATIONS:
· The committee feels that given the importance of the continuity of the trail corridor
along Baxter Creek and the proximity of neighborhood parks proposed in Norton East
and Valley West, and Bronken Fields to the North, and the less than 2 acre dedication
requirement, the land would be best put to use as a linear park. We envision a trail that
462
would occasionally expand into nodes where amenities such as benches or play
equipment could be installed.
· We favor the idea of a long block, as it will cause fewer street crossings of the trail.
The east/west greenways will provide bike/pedestrian access to the west. A bridge
across Baxter Creek would provide bike/pedestrian access between the R-4 zoned and
the B-2 zoned sections of the parcel and is recommended. We would urge the
developer to request and the commission to grant this variance.
Respectfully submitted,
Sandy Dodge, RPAB Subdivision Review Committee
463
•P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 •
• 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org •
October 10, 2009
From: Ted Lange, GVLT Community Trails Program
To: Dave Skelton, Bozeman Planning Department
Bob Murray, Bozeman Engineering Department
Subject: J&D Family MiSub Pre-App #P-09007
Dave & Bob,
The J&D Family Minor Subdivision includes a key link in the Baxter Creek greenway corridor. This
greenway is one of the most important trail and parkland corridors in Bozeman. It has the potential to
provide a continuous connection north from Huffine to Valley Center and possibly farther, linking
several large parks and extensive new residential neighborhoods.
We hope all interested parties will work together to ensure that the J&D Minor Subdivision will include a
quality trail corridor as part of the Baxter Creek greenway.
Following are specific comments on this proposed minor subdivision and the Master Plan for the Billion
Auto Group Property:
1) Trail Alignment – GVLT recommends building the trail on the east side of Baxter Creek so that it
aligns with the trail planned in the Valley West Subdivision to the north.
2) Bridge – GVLT recommends installing a bridge across Baxter Creek so that residents on the west
side of the creek as well as patrons and employees of the commercial lots on the east side of the creek
can all enjoy the proposed park and have good access to the north-south greenway trail corridor. A
bridge would also facilitate bicycle-pedestrian connectivity between the residential and commercial
lots. The logical spots for a bridge would be aligned with one of the two east-west greenways that
connect through the Norton East Subdivision west of the J&D Family Minor Subdivision.
3) East-West Greenway Connection Through Commercial Lots – If a bridge is included in the
middle of the Baxter Creek block, we recommend including an east-west greenway connection on
either the north or south side of Lot 6. This would help facilitate bicycle-pedestrian connectivity
between residential, commercial and parkland uses.
4) Street Alignment – We have been comparing the J&D Family Minor Subdivision plans to the
current plans for the Valley West Subdivision, and it looks like the north-south streets east of Baxter
Creek do not align. The current Valley West plan shows the trail coming to the Vaughn/Babcock
intersection roughly 150 feet east of the creek. But the J&D drawings show their corresponding
Babcock intersection being 300 feet east of the creek. For trail connectivity and bicycle-pedestrian
safety, it would be ideal for these north-south streets to align and for the trail to cross at the
intersection of Vaughn and Babcock.
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• GVLT • P. O. Box 7021 • 25 N. Willson, Suite E • Bozeman, MT 59771 •
• 406-587-8404 • Fax 406-582-1136 • www.gvlt.org • landtrust@gvlt.org •
5) Jagged lot lines - As we have advocated in other subdivisions, for the following reasons GVLT
strongly recommends not having jagged, irregular lot lines along parks and greenways – specifically
lots 4-8 in this proposal:
¾ The negative aesthetics of a jagged fenceline will detract from the public greenway.
¾ The fencing will be more expensive to install and maintain.
¾ Mowing and maintaining a greenway with an irregular boundary will be more difficult for the
Parks Department.
¾ The acreage gained by lots 4-8 is very unlikely to be usable, and is more likely to just be a
maintenance headache for the property owners.
¾ The jagged boundary will make it very difficult to route a trial and create a high-quality greenway.
The sharp points of the proposed boundary will create pinch points in the trail corridor that will
detract from the experience of trail users.
Thank you for your consideration.
Sincerely,
Ted Lange, GVLT Staff
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