HomeMy WebLinkAboutS. 19th Ave. and College Street, Two Lot Minor Subdivision
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Tim McHarg Planning Director
Chris Kukulski, City Manager
SUBJECT: 19th and College 2 Lot Minor Subdivision - Preliminary Plat Application
#P-10008
MEETING DATE: October 4, 2010
AGENDA ITEM TYPE: Action - Public Hearing
RECOMMENDATION: That the City Commission approve Minor Subdivision Preliminary
Plat Application #P-10008 with the conditions of approval and code provisions as recommended
in Planning Board Resolution #P-10008.
BACKGROUND: The property owner/applicant, Mr. and Mrs. Rogers Neighborhood, LLC.,
through their representatives, have made application for Minor Subdivision Preliminary Plat
approval to subdivide 1.1242 acres into two lots for R-O (Residential Office District)
development on the northeast corner of South 19th Avenue and West College Street. The eastern
portion of the property contains an existing office building owned by the applicant.
A separate Master Site Plan application has also been submitted for review by the City
Commission which will also be heard on October 4th. The Master Site Plan establishes a future
building “pad” site on the vacant western lot (proposed Lot 1) and the shared access and parking
arrangement for development of the pad site in conjunction with the existing office development
on proposed Lot 2.
All of the perimeter and other subdivision improvements to serve the proposed lots (e.g. streets,
sidewalk, sewer and water, etc.) have already been constructed or are available to serve the
proposed lots. The only infrastructure change that will need to be made to accommodate this
subdivision proposal is the extension of a new sewer service lead to serve proposed Lot 1. There
are no specific variances that have been identified during the preparation or review of the
preliminary plat that are necessitated or required as part of this subdivision.
The Development Review Committee and Planning Board have forwarded a recommendation of
approval of the preliminary plat with the conditions and code provisions provided in the staff
report; plus two additional conditions. All conditions are incorporated into Planning Board
Resolution #P-10008.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
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ALTERNATIVES:
1) Approval of the application as requested with the conditions of approval and code
provisions listed in Planning Board Resolution #P-10008.
2) Approval of the application with revised conditions of approval.
3) Denial of the application.
4) As determined by the City Commission.
FISCAL EFFECTS: Additional sewer connection fees will be collected for the new service
required to be constructed to proposed Lot 1. Additional fiscal effects will be
generated/determined upon a future development proposal for proposed Lot 1.
.
Attachments: Planning Board Resolution #P-10008
September 21, 2010 Planning Board Minutes
Staff Report
Preliminary Plat
Applicant’s Submittal Materials
Report compiled on: September 22, 2010
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19th and College 2-Lot Minor Subdivision
RESOLUTION #P-10008
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD ON A
RECOMMENDATION OF A PRELIMINARY PLAT APPLICATION TO
ALLOW THE SUBDIVISION OF 1.1242 ACRES INTO TWO LOTS ON THE
NORTHEAST CORNER OF S. 19TH AVENUE AND W. COLLEGE STREET.
THE PROPERTY IS ZONED “R-O” (RESIDENTIAL-OFFICE DISTRICT) AND
IS LEGALLY DESCRIBED AS TRACT 1, COS FILED ON FILM 16, PAGE
1154, SW ¼, SEC. 12, T2S, R5E, CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
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WHEREAS, the City of Bozeman has adopted a Master Plan pursuant to 76-1-604, M.C.A.;
and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A., and a jurisdictional area created
under 76-1-504, M.C.A.; and
WHEREAS, The property owner/applicant, Mr. and Mrs. Rogers Neighborhood, LLC.,
through their representatives, Thinktank Design Group, Inc. and C & H Engineering and Surveying,
Inc., have made application for Minor Subdivision Preliminary Plat approval to subdivide 1.1242 acres
into two lots for R-O (Residential Office District) development on the northeast corner of South 19th
Avenue and West College Street., Montana; and
WHEREAS, the proposed Minor Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.06.040 of the
Bozeman Unified Development Ordinance; and
WHEREAS, the City of Bozeman Planning Board held a public hearing on Tuesday,
September 21, 2010, to receive and review all written and oral testimony on the request for said Minor
Subdivision Preliminary Plat Application; and
WHEREAS, no written testimony has been received by the Planning Office; and
WHEREAS, no public comment was provided as public testimony before the City of Bozeman
Planning Board; and
WHEREAS, the members of the City of Bozeman Planning Board reviewed the requested
preliminary plat and indicated that they found the application to be in general compliance with the
adopted Growth Policy and the Unified Development Ordinance; and
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WHEREAS, the members of the City of Bozeman Planning Board identified two additional
conditions to be necessary to ensure that the criteria for approval were met; and
WHEREAS, the City of Bozeman Planning Board, on a vote of 5 to 0, recommends conditional
approval of Planning Application No. P-10008 for the two-lot minor subdivision with the conditions of
approval and code provisions outlined in the staff report of the City of Bozeman Department of
Planning and Community Development plus the two additional conditions; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, on a vote
of 5 to 0, recommends approval to the Bozeman City Commission to create two lots on the 1.1214 acre
property located on the northeast corner of S. 19th Avenue and W. College Street on property legally
described as Tract 1, COS Filed on Film 16, Page 1154, SW ¼, Sec. 12, T2S, R5E, City Of Bozeman,
Gallatin County, Montana, with the following conditions and code provisions:
Conditions:
1. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with
the final plat of the minor subdivision.
3. Any waivers for area Special Improvement Districts or infrastructure paybacks identified by the
City Engineer’s Office shall be addressed with the final plat application.
4. A new sewer service shall be extended into Proposed Lot 1, or financially guaranteed, prior to
final plat approval. The service shall be located within a utility easement for the benefit of
proposed Lot 1 where it crosses proposed Lot 2.
5. 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/detention 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.
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.
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6. Unless otherwise filed with property, the Applicant shall provide and file with the County
Clerk & Recorder executed Waivers of Right to Protest Creation of SIDs for the following:
i. Intersection improvements to the College & 23rd Avenue intersection.
The documents filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the
development or a combination thereof.
7. A copy of the Montana Department of Transportation approach permit for the access easement
intersecting with S. 19th Avenue shall be provided to the City of Bozeman with the final plat.
8. The easement for the extension of sewer service from Lot 2 to Lot 1 shall be shown on the final
plat.
Code Provisions:
1. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be in force
for not more than one calendar year. Prior to that expiration date, the applicant 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 applicant,
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 applicant, provided for in §18.74.060, BMC.
2. Pursuant to Section 18.06.060, the applicant shall submit with the application for final plat
review and approval, a written narrative stating how each of the conditions of preliminary plat
approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where
this information can be found.
3. Pursuant to Section 18.42.060, all easements, existing and proposed, shall be accurately
depicted and addressed on the final plat and in the final plat application.
4. Pursuant to Section 18.50.090, executed waivers of right to protest the creation of special improvement
districts (SIDs) for a park maintenance district will be required to be filed and of record with the
Gallatin County Clerk and Recorder.
5. Section 18.78.050.H requires that any noxious weeds be identified and mapped by a person with
experience in weed management and knowledgeable in weed identification. A noxious weed
management and revegetation plan, approved by the County Weed Control District, shall be submitted
with the final plat.
6. The final covenants, conditions, restrictions and easements shall be submitted with the final plat
application for review and approval by the Planning Department and shall contain, but not be limited to,
the provisions required in section 18.72.030.
7. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the final plat prior to
installation, certification, and acceptance of all required improvements by the City of Bozeman,
an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
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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.
DATED THIS 21st DAY OF SEPTEMBER 2010, Planning Board Resolution #P-10008.
____________________________________ _________________________________
Chris Saunders, Assistant Director Erik Henyon, President
City of Bozeman, Department of City of Bozeman Planning Board
Planning & Community Development
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PLANNING BOARD & CITY COMMISSION STAFF REPORT
19th AND COLLEGE 2-LOT MINOR SUBDIVISION –
PRELIMINARY PLAT FILE NO. #P-10008
19th and College 2-Lot Minor Subdivision –
Preliminary Plat Staff Report - #P-10008
1
Item: Subdivision Preliminary Plat Application #P-10008 - An application for
Minor Subdivision Preliminary Plat Review to allow the subdivision of
1.1242 acres into two lots for R-O (Residential Office District) development
on the northeast corner of South 19th Avenue and West College Street.
Owner/Applicant: Mr. and Mrs. Rogers Neighborhood, LLC
2910 Colter Avenue
Bozeman, MT 59715
Representative: Thinktank Design Group, Inc.
33 N. Black Avenue
Bozeman, MT 59715
C & H Engineering and Surveying, Inc.
1091 Stoneridge Drive
Bozeman, MT 59718
Date/Time: Before the Bozeman Planning Board on Tuesday, September 7, 2010 at 7:30
p.m. in the City Commission Meeting Room, City Hall, 121 N. Rouse Avenue,
Bozeman, Montana.
Before the Bozeman City Commission on Monday, October 4, 2010 at 6:00
p.m. in the City Commission Meeting Room, City Hall, 121 N. Rouse Avenue,
Bozeman, Montana.
Report By: Doug Riley, Associate Planner
Department of Planning and Community Development
Recommendation: Conditional Approval
____________________________________________________________________________________
PROJECT LOCATION
The subject property is located on the northeast corner of South 19th Avenue and West College Street.
The eastern portion of the property contains an existing office building addressed as 1727 W. College
Street. The western portion of the property is currently vacant. The property is legally described as Tract
1, COS Filed on Film 16, Page 1154, SW ¼, Sec. 12, T2S, R5E, City of Bozeman, Gallatin County,
Montana. The property is zoned R-O (Residential Office District). The property is also located within
the South 19th Avenue Entryway Corridor. Please refer to the vicinity map provided on the following
page and the aerial photo attached at the end of this report.
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PROPOSAL
The property owner/applicant, Mr. and Mrs. Rogers Neighborhood, LLC., through their representatives,
Thinktank Design Group, Inc. and C & H Engineering and Surveying, Inc., have made application for
Minor Subdivision Preliminary Plat approval to allow to allow the subdivision of 1.1242 acres into two
lots for R-O (Residential Office District) development on the northeast corner of South 19th Avenue and
West College Street. The eastern portion of the property contains an existing office building owned by
the applicant. A separate Master Site Plan application has also been submitted for review by the City
Commission (copy of plan attached). The Master Site Plan will establish a future building “pad” site on
the vacant western lot (proposed Lot 1) and the shared access and parking arrangement for development
of the pad site in conjunction with the existing office development on proposed Lot 2. (Note: According
to the BMC, the Planning Board is reviewing and making a recommendation on the Minor
Subdivision only. The Master Site Plan was included in the packets for informational purposes
only). Future building construction on either the Future Building “Pad Site” (Proposed Lot 1) or further
development on proposed Lot 2 shall require separate Site Plan and Certificate of Appropriateness
Approval (Design Review) in accordance with the requirements of the BMC at the time of proposed
development.
All of the perimeter and other subdivision improvements to serve the proposed lots (e.g. streets,
sidewalk, sewer and water, etc.) have already been constructed or are available to serve the proposed
lots. The street improvements along both the South 19th Avenue and West College Street frontages were
completed by the Montana Department of Transportation as part of the recent South 19th Avenue
construction project. The only infrastructure change that will need to be made to accommodate this
subdivision proposal is the extension of a new sewer service lead to serve proposed Lot 1. There are no
specific variances that have been identified during the preparation or review of the preliminary plat that
are necessitated or required as part of this subdivision.
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This minor subdivision is submitted as a “Second or Subsequent Minor Subdivision Created from a
Tract of Record” and Section 18.06.040.D.1.c of the BMC requires a public meeting before the Planning
Board and public hearing before the City Commission.
.
RECOMMENDED CONDITIONS OF APPROVAL:
Pursuant to Section 18.06.040 of the City of Bozeman Municipal Code (BMC), the Planning Board shall
review the preliminary plat application 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, October 4, 2010
public hearing. Planning Board Resolution #P-10008 and the minutes of the Planning Board’s
September 7, 2010 meeting will be forwarded to the City Commission and made a part of the
Commission’s record.
The City of Bozeman Department of Planning and Community Development, Development
Review Committee (DRC) and other applicable review agencies have reviewed the Preliminary
Plat application and recommend conditional approval of the preliminary plat with the following
conditions:
Planning Department Recommended Conditions:
1. The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Water rights, or cash-in-lieu thereof, as calculated by the City Engineer’s Office, is due with the
final plat of the minor subdivision.
3. Any waivers for area Special Improvement Districts or infrastructure paybacks identified by the
City Engineer’s Office shall be addressed with the final plat application.
Engineering Department Recommended Conditions:
4. A new sewer service shall be extended into Proposed Lot 1, or financially guaranteed, prior to
final plat approval. The service shall be located within a utility easement for the benefit of
proposed Lot 1 where it crosses proposed Lot 2.
5. 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/detention 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.
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.
6. Unless otherwise filed with property, the Applicant shall provide and file with the County Clerk
& Recorder executed Waivers of Right to Protest Creation of SIDs for the following:
i. Intersection improvements to the College & 23rd Avenue intersection.
The documents filed shall specify that in the event an SID is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of said improvements on a fair share, proportionate basis as determined by square
footage of property, taxable valuation of the property, traffic contribution from the development
or a combination thereof.
ZONING DESIGNATION & LAND USES
The subject property is zoned R-O (Residential Office District). The intent of the R-O (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
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.
The following land uses and zoning are adjacent to the subject property:
North: Bank/Office - zoned R-O (Residential Office District).
South: (Across West College Street) MSU Housing – zoned PLI (Public Lands and Institutions District).
East: Office(s) – zoned R-O (Residential Office District).
West: (Across South 19th Avenue) - Single Family Dwelling – zoned R-4 (Residential High Density
District).
ADOPTED GROWTH POLICY DESIGNATION
The Future Land Use Map of the Bozeman Community Plan designates the property to develop as
“Business Park Mixed Use”. This classification provides for employment areas with a variety of land
uses typified by office uses and technology-oriented light industrial uses. Civic uses may also be
included. Retail, residential, services, or industrial uses may also be included in an accessory or local
service role. Accessory uses should occupy 20% or less of the planned Business Park Mixed Use areas.
These areas are often a buffer between uses, and the scale and intensity should be carefully considered to
ensure compatibility with adjacent developments. The developments should provide integrated open
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spaces, plazas, and pedestrian pathways to facilitate circulation and a pleasant environment. Uses may
be mixed both vertically and horizontally with vertically mixed uses being encouraged. Higher intensity
uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed,
building height or other transitions should be provided to be compatible with adjacent development.
PRELIMINARY PLAT SUPPLEMENTS
A pre-application plan review was evaluated by the DRC and other applicable review bodies in June of
2010. The applicant requested with the pre-application review waivers from certain submittal materials
required by Section 18.78.060 “Additional Subdivision Preliminary Plat Supplements” of the BMC.
After consideration of the applicant’s request and the existing developed/urban nature of the property,
the DRC granted the requested waivers finding that the information available for the site was adequate
and appropriate for this subdivision review.
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission’s decision to approve, conditionally approve, or deny the subdivision
shall be whether the preliminary plat, Planning Board advise and recommendation, and additional
information, demonstrates that development of the subdivision complies with the Bozeman Municipal
Code, the City’s Growth Policy, the Montana Subdivision and Platting Act and other adopted State and
local ordinances. The Montana Subdivision and Platting Act established six primary review criteria
which the governing body must also consider when evaluating subdivisions. Planning Staff, the DRC,
and other reviewing agencies have made comments in relation to those and other criteria as described
below, and have recommended conditions as outlined in this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
The site is located within a developed (urban) part of the City and has no agricultural
components that would be impacted by the proposed subdivision.
2. Effects on Agricultural Water User Facilities
The Farmers Canal, located within the South 19th Avenue right-of-way, is the only agricultural
facility conveying water near this subdivision. The canal was piped underground within the
South 19th Avenue right-of-way with the recent road improvements project. The existing Farmers
Canal pipeline will not be disturbed by the development of this property.
3. Effects on Local Services
Water/Sewer: City water lines currently exist in the adjacent South 19th and West College Street
right-of-ways. There is a sewer main in the South 19th Avenue right-of-way (but not in the
College Street right-of-way). Sewer service to the proposed lots will via the existing City sewer
mains that serve the existing property (building) and other properties to the northwest. The
Engineering Department has recommended a condition (Condition #4) that the new sewer
service for proposed Lot 1 shall be installed or financially guaranteed prior to final plat approval.
Police/Fire: The property is well within the City’s Police and Fire emergency response area.
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Streets: The subject property is bound by South 19th Avenue and West College Street. Both of
these roadways, along this property’s frontage, were recently improved as part of the South 19th
Avenue improvement project. No changes to the streets are proposed with this application. The
accesses to these streets have already been established in the northwest and southeast corners of
the property.
Pathways: The recent improvements to adjacent streets include boulevard sidewalks and
pedestrian facilities.
Stormwater: The Engineering Department is recommending a condition that a Stormwater
Master Plan for the subdivision be designed (as noted in their conditions #5). Stormwater
facilities were evaluated to meet City design standards with the previous subdivision
review/construction and required the approval of the City Engineering office. No significant site
or grading changes are proposed as part of this minor subdivision other than what may occur
during future office construction.
Parks: As a commercial subdivision, no dedicated park land or affordable housing requirements
apply to this proposal unless a residential component is anticipated with the future development
on proposed Lot 1. This aspect will be further evaluated upon an actual land use proposal for
development on proposed Lot 1.
Utilities: As this is the subdivision of an existing urban parcel, electricity, gas, cable and phone
utilities currently exist in the adjacent streets or on the subject property.
4. Effects on the Natural Environment
This property is located in an area of the City which has been identified and developed for urban
uses and no changes are proposed that would impact the natural environment.
5. Effects on Wildlife and Wildlife Habitat
No known endangered species or critical game ranges have been identified on the subject
property. This area of the City has been identified and developed for urban purposes in a
location of the City which essentially eliminates the potential for development of any wildlife
habitat.
6. Effects on Public Health and Safety
The intent of the regulatory standards as set forth in the Bozeman Municipal Code is to protect
the public health, safety and general welfare. The subdivision has been reviewed and, with the
required conditions and code provisions, has been determined to be in general compliance with
the title. Any conditions deemed necessary to ensure compliance with public health and safety
have been listed by the Development Review Committee and are noted accordingly as conditions
of approval in this staff report.
B. Compliance with the survey requirements provided for in Part 4 of the Montana
Subdivision and Platting Act.
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The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act. As noted in recommended condition #1, the final plat
must comply with State statute and the Bozeman Municipal Code.
C. Compliance with the Bozeman Unified Development Ordinance.
The following requirements are standards of the Bozeman Unified Development Ordinance and
shall be addressed with the final plat submittal:
1. Pursuant to Section 18.06.040.D.6, conditional approval of the preliminary plat shall be in force
for not more than one calendar year. Prior to that expiration date, the applicant 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 applicant,
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 applicant, provided for in §18.74.060, BMC.
2. Pursuant to Section 18.06.060, the applicant shall submit with the application for final plat
review and approval, a written narrative stating how each of the conditions of preliminary plat
approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.) where this
information can be found.
3. Pursuant to Section 18.42.060, all easements, existing and proposed, shall be accurately depicted
and addressed on the final plat and in the final plat application.
4. Pursuant to Section 18.50.090, executed waivers of right to protest the creation of special
improvement districts (SIDs) for a park maintenance district will be required to be filed and of
record with the Gallatin County Clerk and Recorder.
5. Section 18.78.050.H requires that any noxious weeds be identified and mapped by a person with
experience in weed management and knowledgeable in weed identification. A noxious weed
management and revegetation plan, approved by the County Weed Control District, shall be
submitted with the final plat.
6. The final covenants, conditions, restrictions and easements shall be submitted with the final plat
application for review and approval by the Planning Department and shall contain, but not be
limited to, the provisions required in section 18.72.030.
7. Pursuant to Section 18.74.030.B, if it is the developer’s intent to file the final plat prior to
installation, certification, and acceptance of all required improvements by the City of Bozeman,
an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the
completion of all improvements in accordance with the Preliminary Plat submittal information
and conditions of approval. If the final plat is filed prior to the installation of all improvements,
the developer shall supply the City of Bozeman with an acceptable method of security equal to
150 percent of the cost of the remaining improvements.
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D. Compliance with the required subdivision review process.
A subdivision pre-application was submitted on May 11, 2010. The pre-application was
reviewed by the DRC on May 26, June 2 and 9, 2010 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application.
A complete preliminary plat application was submitted on July 30, 2010. The preliminary plat
was reviewed by the DRC on August 11, 18 and September 1, 2010. On the final week of DRC
review, a favorable recommendation was forwarded for consideration by the Planning Board and
City Commission. Public notice for this application was placed in the Bozeman Daily Chronicle
on Sunday, August 22, 2010. The site was posted with a public notice on August 20, 2010.
Public notice was sent to adjacent property owners via certified mail, and to all other property
owners of record within 200 feet of the subject property via first class mail, on August 20, 2010.
No letters of public testimony have been received at the Department of Planning & Community
Development in regards to this project.
On September 2, 2010 this minor subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its
September 7, 2010 public hearing. The City Commission is scheduled to make a final decision
at their October 4, 2010 public hearing. The final decision for a Second or Subsequent Minor
Subdivision from a Tract of Record Preliminary Plat must be made within 60 working days of
the date it was deemed complete or in this case by October 26, 2010.
E. Provision of easements for the location and installation of any planned utilities.
No new utilities are planned or necessitated as part of this subdivision other than the installation
of individual sewer and water leads to serve the western lot (proposed Lot 1). The sewer service
lead to serve proposed Lot 1 will need to be located within a utility easement, as noted in
Engineering Condition #1, where is crosses proposed Lot 2.
F. Provision of legal and physical access to each parcel.
Both proposed lots will have legal and physical access from the existing adjacent streets.
PUBLIC COMMENT
As of the writing of this staff report, the Planning Office has received no testimony from the general
public in response to the mailings, posting or newspaper notice regarding the two-lot minor subdivision.
Any public comments received after the date of this report will be distributed at the public hearings.
CONCLUSION/RECOMMENDATION
Based on staff's evaluation of the applicant’s proposal against the Bozeman Community Plan and
Bozeman Municipal Code, the Development Review Committee (DRC) has forwarded a
recommendation of conditional approval of the application for Preliminary Plat review of the two-lot
minor subdivision for the property commonly known as 1727 West College Street located on the
northeast corner of South 19th Avenue and West College Street which is legally described as Tract 1,
COS Filed on Film 16, Page 1154, SW ¼, Sec. 12, T2S, R5E, City of Bozeman, Gallatin County,
Montana. The property is zoned R-O (Residential Office District). The recommended conditions of
approval and code provisions are listed on pages 3, 4 and 7 of this staff report.
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19th and College 2-Lot Minor Subdivision –
Preliminary Plat Staff Report - #P-10008
9
AS AN APPLICATION FOR A SECOND OR SUBSEQUENT MINOR SUBDIVISION FROM A
TRACT OF RECORD, THE BOZEMAN PLANNING BOARD WILL FORWARD A
RECOMMENDATION TO THE BOZEMAN CITY COMMISSION WHO 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 OF
THE BOZEMAN MUNICIPAL CODE.
Attachments: 2007 Aerial Photo
Copy of Proposed Master Site Plan
Applicant’s preliminary plat submittal materials
CC: Mr. and Mrs. Rogers Neighborhood, LLC, 2910 Colter Ave., Bozeman, MT 59715
Thinktank Design Group, Inc., 33 N. Black Ave., Bozeman, MT 59715
C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718
File No. P-100085
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