HomeMy WebLinkAboutH6 Tract 4A MiSub 162C MiSubPrePlat
Report compiled on November 15, 2006
Commission Memorandum
REPORT TO: Honorable Mayor & City Commission
FROM: Jody Sanford, Senior Planner
SUBJECT: Tract 4A of Minor Subdivision No. 162C Preliminary Plat Application
#P-06056
MEETING DATE: Monday, November 20, 2006
BACKGROUND: Subdivision Preliminary Plat Application #P-06056 to subdivide 11.535 acres,
located west of Haggerty Lane and south of the existing Comstock Apartment Complex, into 3 lots
for residential and commercial uses. A variance is requested from Section 18.44.060.D, which
specifies level of service standards for street intersections, to allow the development of the subject
subdivision without level of service mitigation measures at the intersection of Haggerty Lane and
East Main Street. The subject property contains a portion of the existing Comstock Apartments
complex on proposed Lot 4A-1, with the remainder of the site being vacant. At their November 7,
2006 public hearing the City of Bozeman Planning Board voted 7 in favor and 1 against to forward a
recommendation of conditional approval subject to 15 conditions.
UNRESOLVED ISSUES: There are no unresolved issues at this time.
RECOMMENDATION: The City Commission conditionally approves this application, based on
the Planning Board’s recommendation of conditional approval, with the conditions listed on Pages
2-3 of Planning Board Resolution #P-06056.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues, along with increased costs to deliver municipal services to the property, when
the property is developed.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Jody Sanford at jsanford@bozeman.net if you have any
questions prior to the public hearing.
APPROVED BY:
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: Planning Board Resolution #P-06056
Minutes of the Planning Board’s November 7, 2006 public hearing
Staff report
Aerial photo
Conceptual connectivity plan
Variance request
Applicant’s submittal materials
PLANNING BOARD & CITY COMMISSION STAFF REPORT
TRACT 4A OF MINOR SUBDIVISION 162C PRELIMINARY PLAT FILE NO. #P-06056
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 1
Item: Subdivision Preliminary Plat Application #P-06056 with a variance, to
subdivide 11.535 acres, located west of Haggerty Lane and south of the
existing Comstock Apartment Complex, into 3 lots for residential and
commercial uses. A variance is requested from Section 18.44.060.D,
which specifies level of service standards for street intersections, to
allow the development of the subject subdivision without level of
service mitigation measures at the intersection of Haggerty Lane and
East Main Street.
Property Owner: Farmhouse Partners
2555 West College Street
Suite B
Bozeman, MT 59718
Applicant: Farmhouse Partners
2555 West College Street
Suite B
Bozeman, MT 59718
Representative: Engineering, Inc.
705 Osterman Drive
Bozeman MT 59715
Date/Time: Before the Bozeman Planning Board on Tuesday, November 7, 2006 at
7:00 PM in the City Commission Meeting Room, Bozeman City Hall,
411 East Main Street, Bozeman, Montana.
Before the Bozeman City Commission on Monday, November 20, 2006
at 6:00 PM in the Community Meeting Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report By: Jody Sanford, Senior Planner
Recommendation: Conditional Approval
___________________________________________________________________________________
PROJECT LOCATION
The subject property is located west of Haggerty Lane and south of the existing Comstock Apartments
complex, and is legally described as Tract 4A of Minor Subdivision No. 162C, located in the southwest one-
quarter of the southeast one-quarter of Section 8, and the north one-half of the northeast one-quarter of
Section 17, T2S, R6E, PMM, Gallatin County, Montana. The property is annexed with a zoning designation
of R-O (Residential Office District).
Please refer to the vicinity map on Page 2.
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 2
PROPOSAL
A Minor Subdivision Preliminary Plat application with a variance has been submitted to subdivide 11.535
acres, located west of Haggerty Lane and south of the existing Comstock Apartment Complex, into 3 lots
for residential and commercial uses.
Access will be provided by Haggerty Lane which must be improved in conjunction with this subdivision.
Access will also be provided via a new local street along the south property line, which must be constructed
in conjunction with this subdivision. No parkland dedication is proposed as this is a minor subdivision, but
installation of pedestrian and bike trails will be required upon further development of Lots 4A-2 and 4A-3.
A variance is requested from Section 18.44.060.D, which specifies level of service standards for street
intersections, to allow the development of the subject subdivision without level of service mitigation
measures at the intersection of Haggerty Lane and East Main Street.
ZONING DESIGNATION & LAND USES
The subject property contains the existing Comstock Apartments complex on proposed Lot 4A-1, with the
remainder of the site being vacant. The 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 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.
The following land uses are adjacent to the subject property:
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 3
North: Vacant land that was approved for a condominium development (Thulin Condos); annexed
and zoned R-4 (Residential High Density District)
Life of Montana building; annexed and zoned B-P (Business Park District)
South: Vacant land; annexed and zoned R-S (Residential Suburban District)
East: Low-density residential uses; unannexed and zoned County R-S (Residential Suburban
District)
West: Vacant land; annexed and zoned R-S (Residential Suburban District)
Office and medical uses; annexed and zoned R-O (Residential Office District)
GROWTH POLICY DESIGNATION
Proposed Lots 4A-2 and 4A-3 have a Residential designation on the Future Land Use Map in the City’s
growth policy (Bozeman 2020 Community Plan). This designation is described as follows:
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.
Proposed Lot 4A-1 has a Business Park designation on the Future Land Use Map in the City’s growth policy
(Bozeman 2020 Community Plan). This designation is described as follows:
Business Park. This classification provides for areas typified by office and light industrial uses.
Additional uses such as retail, services, or industrial, may be approved if they are compatible with,
and in support of, the underlying Business Park intent.
The following growth policy designations are adjacent to the subject property:
North: Vacant land that was approved for a condominium development (Thulin Condos);
designated Suburban Residential
Life of Montana building; designated Business Park
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 4
South: Vacant land; designated Residential
East: Low-density residential uses; designated Suburban Residential
West: Vacant land; designated Residential
Office and medical uses; designated Business Park
PRELIMINARY PLAT SUPPLEMENTS
A subdivision pre-application for this project was reviewed by the Development Review Committee on June
21, 2006, by the Bozeman Planning Board on July 5, 2006, and by the Bozeman City Commission on July
24, 2006. During the preapplication review, no waivers were granted from Section 18.78.060, Additional
Subdivision Preliminary Plat Supplements.
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, 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 end of this staff report.
A. Primary Review Criteria
1. Effects on Agriculture
Although the property is currently being used for agricultural uses, the property is annexed
and has been zoned and master planned for Residential development for many years.
2. Effects on Agricultural Water User Facilities
No effects on agricultural water user facilities were identified.
3. Effects on Local Services
Water/Sewer. Water and sewer main extensions 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 substantial completion and City acceptance of required
water and sewer infrastructure improvements. Water and sewer main extensions must be
completed or financially guaranteed prior to final plat approval.
Project phasing must be clearly defined, including the installation of infrastructure. The
location of existing water and sewer mains shall be properly depicted, and proposed main
extensions shall be noted as proposed. Easements for water and sewer main extensions
must be a minimum of 30 feet in width, with the utility located in the center of the
easements. In no case shall the utility be less than 10 feet from the edge of the easement.
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 5
The water main in Haggerty needs to be 10 inches in diameter, in accordance with the City’s
Water Facility Plan, and needs to be extended along the entire frontage of the subdivision.
Similarly, the sewer main in Haggerty needs to be 8 inches in diameter and needs to be
extended along the entire frontage of the subdivision.
The applicant will need to secure MDOT utility occupancy permits for infrastructure
improvements within Haggerty Lane.
The City needs to acquire water rights to keep up with the growing demand for municipal
water service. Therefore, water rights or cash-in-lieu thereof must be obtained with this
development unless already paid with annexation.
Police/Fire. The property is well within the City’s Police and Fire emergency response area.
The subdivider must obtain addresses for the new lots from the City Engineering Division
prior to filing of the final plat to facilitate fire and police response to the site.
Streets. Some street improvements will be required for this development, including
constructing the southwestern half of Haggerty Lane to a 2-lane minor arterial. In addition,
public street and utility easements will need to be provided for the proposed new local street
along the south property line, and the developer will need to construct this street in
compliance with City standards with this subdivision.
The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No
building permits will be issued prior substantial completion and City acceptance of required
street infrastructure improvements. Street improvements, including lighting, must be
completed or financially guaranteed prior to final plat approval.
The intersection of East Main Street and Haggerty Lane, near the development, is currently
operating at a Level of Service (LOS) “F”. The proposed development would contribute
additional traffic to this intersection. A traffic study, prepared by Marvin & Associates of
Billings, MT, recommends a traffic signal to be installed at the intersection of East Main
Street and Haggerty Lane to mitigate the LOS “F”. Therefore, the developer would have to
make all necessary improvements to this intersection to improve the LOS. However, the
Montana Department of Transportation will not currently permit a traffic signal to be
installed at the subject location, therefore a variance from Section 18.44.060.D of the
Bozeman Unified Development Ordinance will be required for this development to precede. The
applicant has requested this variance.
Since Haggerty Lane is a state route, MDOT approval must be obtained for the traffic
impact study and for all proposed street improvements.
Finally, prior to final plat approval, information will need to be provided regarding proposed
accesses on Haggerty Lane to ensure good access control. A 1-foot no access strip will be
required along Haggerty Lane for the entire frontage not used for access.
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 6
Stormwater. The standard requirement for a Stormwater Master Plan applies to this project.
The standard code requirements apply, including the requirements for plans and
specifications, detailed design reports, and engineering services for construction inspection,
post-construction certification and preparation of mylar record drawings applies. No
building permits will be issued prior substantial completion and City acceptance of required
stormwater infrastructure improvements. Stormwater improvements must be completed or
financially guaranteed prior to final plat approval. Stormwater culvert sizing must comply
with City standards.
Parks/Trail. Since this is a minor subdivision, no parkland dedication is required or
proposed. However, the provision of parkland may be required upon further development
of residential uses on Proposed Lots 4A-2 and 4A-3. To ensure pedestrian and bicycle
circulation, trails will be required upon further development of Proposed Lots 4A-2 and 4A-
3.
Utilities. There are existing power, cable and phone utilities in the vicinity. The preliminary
plat shows 10-foot utility easements being provided. Letters from the applicable utility
companies, except for Qwest, were provided indicating that service can be provided to this
new development.
4. Effects on the Natural Environment
As required, a noxious weed management and revegetation plan was provided with the
preliminary plat application. A Memorandum of Understanding must be entered into with
the County Weed Board prior to submittal of the final plat.
5. Effects on Wildlife and Wildlife Habitat
The applicants did not provide a letter from Montana Fish, Wildlife and Parks. However,
analysis of the information provided with the Bozeman Deaconess Health Services Subarea
Plan did not indicate the presence of any rare, threatened or endangered species or habitat.
6. Effects on Public Health and Safety
The intent of the regulations in the Unified Development Ordinance is to protect the public
health, safety and general welfare. The subdivision has been reviewed and determined to be
in general compliance with the title. Any other conditions deemed necessary to ensure
compliance have been noted throughout this staff report.
B. Compliance with the 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:
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 7
1. Section 18.42.060 requires a 10-foot front yard utility easement unless all relevant utility
companies provide a letter indicating that front yard utility easements are not needed.
2. Pursuant to Section 18.42.120, off-street locations for mail delivery will need to be provided
upon further development of proposed Lots 4A-2 and 4A-3.
3. Pursuant to Section 18.42.150, subdivision lighting shall be provided as required with street
improvements to Haggerty Lane and any other adjacent street. A lighting plan must be
submitted with street improvement plans and specifications.
4. Section 18.42.180, Provision of Affordable Housing, must be addressed since the land being
subdivided for residential purposes is five acres or more in size.
5. Pursuant to Section 18.44.010.A, 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 the suitable development
of the of the adjoining undeveloped land.
6. Pursuant to Section 18.44.010.B, developers shall arrange the streets to provide for the
continuation of streets between adjacent developed properties when such continuation is
necessary for the convenient movement of traffic, effective provision of emergency services
and efficient provision of utilities.
7. Pursuant to Section 18.44.010.H, all developments shall be provided with a second means of
access to facilitate traffic movement, the provision of emergency services and the placement
of utility easements.
8. 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, if not already done with the
annexation.
9. Section 18.78.060.M requires that the preliminary plat application be accompanied by a
written statement from all relevant utility companies indicating that service can be provided.
Nothing was provided from Qwest, and must be provided with the final plat application.
10. In accordance with Section 18.78.070, a Memorandum of Understanding shall be entered
into with the Weed Control District prior to submitting the final plat. A copy of the MOU
shall be submitted with the final plat application.
11. A final copy of the covenants, restrictions, and articles of incorporation shall be submitted
with the final plat application for review and approval by the Planning Department and shall
contain, but not be limited to, provisions for assessment, maintenance, repair and upkeep of
common open space areas, public parkland/open space corridors, stormwater facilities,
public trails, snow removal, and other areas common to the association pursuant to Chapter
18.72 of the Bozeman Unified Development Ordinance.
12. 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.
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 8
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.
13. 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.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
14. 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.
15. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
16. 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.
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 9
17. 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.
18. Project phasing shall be clearly defined including installation of infrastructure.
19. 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.
20. 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.
21. 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.
15. The final plat shall conform to all requirements of the Bozeman Unified Development
Ordinance 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
correct 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
on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints.
16. 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 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.
17. 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.
18. 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
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 10
plat approval has been satisfactorily addressed, and specifically (tab, page, paragraph, etc.)
where this information can be found.
D. Compliance with the required subdivision review process.
A subdivision preapplication was submitted on May 16, 2006. The preapplication was reviewed by
the DRC on June 7, 14 and 21, 2006. The preapplication was also reviewed by the Bozeman
Planning Board on July 5, 2006 and by the City Commission on July 24, 2006. The final
preapplication letter was mailed on July 31, 2006. The applicant had until July 31, 2007 to submit a
preliminary plat application.
A preliminary plat application was submitted on August 29, 2006 and the required completeness
letter was sent on September 15, 2006. The preliminary plat was reviewed by the DRC on October
4, 11, 18 and 25, 2006. The required adequacy letter was provided on October 18, 2006. On the
fourth and 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, October
22, 2006. The site was posted with a public notice on October 20, 2006. Finally, notice was sent to
adjacent property owners via certified mail, and to other property owners of record within 200 feet
of the subject property via first class mail, on October 20, 2006.
On October 31, 2006 the subdivision staff report was drafted and forwarded with a
recommendation of conditional approval to the Planning Board for consideration at its November
7, 2006 public hearing. The City Commission will make a final decision at a November 20, 2006
public hearing. A final decision for a second or subsequent minor subdivision from a tract of record
must be made within 60 working days of the date it was deemed complete or in this case by
December 7, 2006. If the application is approved on November 20, 2006 then it will have taken 47
working days.
E. Provision of easements for the location and installation of any planned utilities.
There are existing power, cable and phone utilities in the vicinity. The preliminary plat shows 10-
foot utility easements being provided. Letters from the applicable utility companies, except for
Qwest, were provided indicating that service can be provided to this new development.
F. Provision of legal and physical access to each parcel.
All of the proposed lots have physical frontage on Haggerty Lane. Access will be provided by
Haggerty Lane which must be improved in conjunction with this subdivision. Access will also be
provided via a new local street along the south property line, which must be constructed in
conjunction with this subdivision.
18.66.070 SUBDIVISION VARIANCES
A variance has been requested from Section 18.44.060.D, which specifies level of service standards for street
intersections, to allow the development of the subject subdivision without level of service mitigation
measures at the intersection of Haggerty Lane and East Main Street.
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 11
Per Section 76-3-506, MCA, a variance to the UDO must be based on specific variance criteria, and may not
have the effect of nullifying the intent and purpose of this title. The City Commission shall not approve
subdivision variances unless it makes findings based upon the evidence presented in each specific case that
the following review criteria are adequately addressed.
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.
It is possible that granting this variance could be detrimental to public safety because the
intersection in question does not comply with the City’s level of service standards. The LOS
standards are used to evaluate the functionality and safety of streets. If the intersection has an LOS
of “F” – and the bare minimum required by the City is a “D” – then the safety of the public cannot
be guaranteed.
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 requested variance is necessary, as the Bozeman Unified Development Ordinance does not
allow the level of service for streets and intersections to fall below a Level of Service “D”. The
subject intersection is currently operating at a Level of Service “F”. The proposed development will
contribute to the Level of Service “F”, however the circumstance is unique in that the Montana
Department of Transportation maintains jurisdiction over the intersection and will not allow a traffic
signal to be installed, which would mitigate the traffic impacts of the proposed development. See
the attached letter from Dan Martin, Planner, Montana Department of Transportation that is dated
November 17, 2004. If the variance is not granted, it is likely that the subject property could not be
developed at this time.
3. The variance will not cause a substantial increase in public costs.
This variance should not result in increased public costs. If and when intersection improvements
are allowed at the intersection of East Main Street and Haggerty Lane, subdividers in the vicinity will
likely pay for most, if not all, of the infrastructure costs.
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.
This variance will not create any other nonconformity.
PUBLIC COMMENT
No public comment letters have been received regarding this application.
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 the Unified Development Ordinance 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
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 12
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:
1. The final plat shall comply with the standards identified and referenced in the Unified Development
Ordinance. 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 subdivision shall be consistent with the approved Bozeman Deaconess Health Services Subarea
plan.
3. Upon further development of proposed Lots 4A-2 and 4A3, pedestrian and bicycle access should be
provided through the subject property to provide connectivity from Haggerty Lane to the future
farmstead and park facilities included in the adopted Bozeman Deaconess Health Services Subarea
plan.
4. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was
provided when the subject property was annexed, water rights or an appropriate fee in lieu shall be
provided with final plat approval, final site plan approval or the issuance of any building permits,
whichever occurs first.
5. The southwestern half of Haggerty Lane will need to be constructed to a 2-Lane minor arterial
standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update along the entire
frontage of the subdivision. This shall include tapers meeting AASHTO standards to transition
back to the existing roadway.
6. The water main in Haggerty shall be 10” diameter in accordance with the City’s Water Facility Plan,
and shall be extended along the entire frontage of the subdivision.
7. A sewer main (8”) will need to be extended along the entire frontage of the subdivision.
8. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure within
the state right of way.
9. Approval shall be obtained from the Montana Department of Transportation of the traffic impact
study and for all improvements along Haggerty Lane.
10. All improvements necessary to provide adequate level of service at the intersection of Haggerty and
Main must be installed or financially guaranteed prior to filing of the plat unless a variance is granted
by the City Commission. No building permits will be issued until all improvements are installed and
accepted unless the variance is granted. Approval must be obtained from the Montana Department
of Transportation for all improvements to Haggerty and Main.
11. Culverts shall be sized in accordance with Section V.C.7 & 8 of the COB design standards. The
preliminary calculations submitted did not account for the required overflow capacity.
12. Prior to final plat approval, the information required by Section 18.44.090.H of the UDO shall be
provided for review of the deviations required to allow for the accesses onto Haggerty as shown on
the Conceptual Connectivity Plan (2). A one foot no access strip shall be provided along the entire
frontage of Haggerty except in locations where a deviation is granted to allow for an access.
#P-06056 Tract 4A of Minor Subdivision 162C Preliminary Plat Staff Report 13
13. Public Street and utility easements shall be provided on the final plat for the streets shown on the
Conceptual Connectivity Plan (2).
14. The street from Haggerty Lane to the southern property line shall be fully constructed to the
property line unless a variance is obtained to allow it to stop short. A temporary turnaround shall be
installed at the end of the street within an easement on the adjoining property or, if an easement
cannot be obtained, on the subject property in a configuration approved by city engineering.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.D of the Unified Development Ordinance, 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, November 20, 2006
hearing which begins at 6:00 PM. The Planning Board Resolution #P-06056 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 SECOND OR SUBSEQUENT MINOR SUBDIVISION FROM A
TRACT OF RECORD, 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 OF THE
UNIFIED DEVELOPMENT ORDINANCE.
ATTACHMENTS
Applicant’s submittal materials
Aerial photo
REPORT SENT TO
Farmhouse Partners, 2555 West College Street, Suite B, Bozeman, MT 59718
Engineering, Inc., 705 Osterman Drive, Bozeman MT 59715
Tract 4A of Minor Subdivision No. 162C Minor Subdivision
1
RESOLUTION #P-06056
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD REGARDING A
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION FOR THE SUBDIVISION
OF 11.535 ACRES, LOCATED WEST OF HAGGERTY LANE AND SOUTH OF THE
EXISTING COMSTOCK APARTMENT COMPLEX, INTO 3 LOTS FOR RESIDENTIAL
AND COMMERCIAL USES. THE PROPERTY IS ZONED R-O (RESIDENTIAL OFFICE
DISTRICT) AND IS LEGALLY DESCRIBED AS TRACT 4A OF MINOR SUBDIVISION
NO. 162C, LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 8, AND THE NORTH ONE-HALF OF THE
NORTHEAST ONE-QUARTER OF SECTION 17, T2S, R6E, PMM, 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 and the applicant, Farmhouse Partner, submitted a Second or
Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application to divide 11.535
acres, located west of Haggerty Lane and south of the existing Comstock Apartment Complex, into 3
lots for residential and commercial uses, on land described as Tract 4A of Minor Subdivision No. 162C,
located in the southwest one-quarter of the southeast one-quarter of Section 8, and the north one-half
of the northeast one-quarter of Section 17, T2S, R6E, PMM, Gallatin County, Montana; and
WHEREAS, the proposed Second or Subsequent Minor Subdivision from a Tract of Record
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 City of Bozeman Planning Board held a public hearing on Tuesday, November
7, 2006, to review the application and any written public testimony on the request for said Second or
Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application; and
WHEREAS, no member of the public spoke at the public hearing regarding this application; and
WHEREAS, the City of Bozeman Planning Board discussed issued related to the provision of
water rights, the request variance, street and intersection improvements, and traffic; 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 the Second
or Subsequent Minor Subdivision from a Tract of Record Preliminary Plat Application would comply
with those requirements; and
Tract 4A of Minor Subdivision No. 162C Minor Subdivision
2
NOW, THEREFORE, BE IT RESOLVED, that the City of Bozeman Planning Board, upon a
vote of 7-1, recommends to the Bozeman City Commission that the application to divide 11.535 acres,
located west of Haggerty Lane and south of the existing Comstock Apartment Complex, into 3 lots for
residential and commercial uses, on land described as Tract 4A of Minor Subdivision No. 162C, located
in the southwest one-quarter of the southeast one-quarter of Section 8, and the north one-half of the
northeast one-quarter of Section 17, T2S, R6E, PMM, Gallatin County, Montana, be conditionally
approved subject to the following conditions:
1. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. 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 subdivision shall be consistent with the approved Bozeman Deaconess Health Services
Subarea plan.
3. Upon further development of proposed Lots 4A-2 and 4A3, pedestrian and bicycle access
should be provided through the subject property to provide connectivity from Haggerty Lane to
the future farmstead and park facilities included in the adopted Bozeman Deaconess Health
Services Subarea plan.
4. Unless the applicant can show that usable water rights or an appropriate fee in lieu thereof was
provided when the subject property was annexed, water rights or an appropriate fee in lieu shall
be provided with final plat approval, final site plan approval or the issuance of any building
permits, whichever occurs first, for the remainder of the parcel except for Lot 4A-1.
5. The southwestern half of Haggerty Lane will need to be constructed to a 2-Lane minor arterial
standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update along the
entire frontage of the subdivision. This shall include tapers meeting AASHTO standards to
transition back to the existing roadway.
6. The water main in Haggerty shall be 10” diameter in accordance with the City’s Water Facility
Plan, and shall be extended along the entire frontage of the subdivision.
7. A sewer main (8”) will need to be extended along the entire frontage of the subdivision.
8. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure
within the state right of way.
9. Approval shall be obtained from the Montana Department of Transportation of the traffic
impact study and for all improvements along Haggerty Lane.
10. All improvements necessary to provide adequate level of service at the intersection of Haggerty
and Main must be installed or financially guaranteed prior to filing of the plat unless a variance is
granted by the City Commission. No building permits will be issued until all improvements are
installed and accepted unless the variance is granted. Approval must be obtained from the
Montana Department of Transportation for all improvements to Haggerty and Main.
11. Culverts shall be sized in accordance with Section V.C.7 & 8 of the COB design standards. The
preliminary calculations submitted did not account for the required overflow capacity.
Tract 4A of Minor Subdivision No. 162C Minor Subdivision
3
12. Prior to final plat approval, the information required by Section 18.44.090.H of the UDO shall
be provided for review of the deviations required to allow for the accesses onto Haggerty as
shown on the Conceptual Connectivity Plan (2). A one foot no access strip shall be provided
along the entire frontage of Haggerty except in locations where a deviation is granted to allow
for an access.
13. Public Street and utility easements shall be provided on the final plat for the streets shown on
the Conceptual Connectivity Plan (2).
14. The street from Haggerty Lane to the southern property line shall be fully constructed to the
property line unless a variance is obtained to allow it to stop short. A temporary turnaround
shall be installed at the end of the street within an easement on the adjoining property or, if an
easement cannot be obtained, on the subject property in a configuration approved by city
engineering.
15. The applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the following:
a. Signalization of the intersection of East Main Street and Haggerty Lane.
The document 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.
DATED THIS DAY OF , 2006 Resolution #P-06055
_____________________________ ____________________________
Andrew C. Epple, Planning Director JP Pomnichowski, President
Department of Planning & Community Development City of Bozeman Planning Board