HomeMy WebLinkAboutC6. Sundance FOF
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Tom Rogers, Associate Planner Wendy Thomas, Director of Community Development
SUBJECT: Sundance Minor Subdivision Preliminary Plat Findings of Fact and
Order, P14052 MEETING DATE: March 23, 2015 AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the Sundance Minor Subdivision Preliminary Plat Application.
BACKGROUND: On March 2, 2015, the City Commission held a public hearing on an
application for preliminary plat approval for the Sundance Minor Subdivision. The Commission
unanimously approved the proposed subdivision subject to conditions and code provisions to ensure the final plat would comply with all applicable regulations and all required criteria. State
law provides that the governing body shall “provide a written statement to the applicant detailing
the circumstances of the condition imposition.” The statement must include: 1) the reason for
the condition imposition; 2) the evidence that justifies the condition imposition; and 3)
information regarding the appeal process for the condition imposition. To proceed with submitting a final plat application for the initial phase(s) of the subdivision, the applicant must
have a dated and signed Findings of Fact and Order.
UNRESOLVED ISSUES: Staff is unaware of any unresolved issues.
ALTERNATIVES:
1) Approval of the Findings of Fact and Order as drafted.
2) Approval of the Findings of Fact and Order with modifications.
3) As determined by the City Commission.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of issuance of building permits for individual lots along with City sewer and water connection fees.
Attachment: Findings of Fact and Order Report compiled on: March 6, 2015
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Return to:
City of Bozeman
City Clerk
PO Box 1230 Bozeman MT 59771-1230
BOZEMAN CITY COMMISSION FINDING OF FACT AND ORDER FOR
THE SUNDANCE MINOR SUBDIVISION PRELIMINARY PLAT; P14052
Date: City Commission meeting on March 2, 2015
Item: Sundance Minor Subdivision Preliminary Plat to subdivide 28.210 acres into four (4)
commercial lots, one (1) open space lot, and the remaining area as street rights-of-way.
Project Location: Project is located northwest of the intersection of Baxter and Davis Lanes
described as Lot R, Baxter Meadows Subdivision, Phase 2B, Located in the Southeast
One-Quarter (SE ¼) of Section 34, Township One South (T1S), Range Five East (R5E),
P.M.M., City of Bozeman, Gallatin County, Montana.
Action: Approved with conditions
Motion: Having reviewed and considered the application materials, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for
application P14052 and move to approve the Sundance minor subdivision with conditions
and subject to all applicable code provisions.
Report Date: Wednesday, March 18, 2015
Staff Contact: Tom Rogers, AICP, Associate Planner
Bob Murray, P.E., Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
The project proposes subdividing 28.210 acres into four (4) commercial lots for further
development in a B-2 (Community Business) District in three phases as indicated on the
preliminary plat.
The property falls within the original Baxter Meadows development and received concept plan
approval. However, all previously granted approvals have expired.
A subdivision pre-application was submitted on January 29, 2014 proposing a 9.4 acre lot for the
second phase of the Sundance Apartment development, 62 residential townhomes, two
commercial lots designed to accommodate 20,000 to 30,000 square feet of professional and
medical office space, and a 1.9 acre park within the townhome development. Applicants have
since redesigned the subdivision to be as presented at this time.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
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SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 14
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ............................................ 14
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 15
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 15
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 17
Preliminary Plat Supplements ........................................................................................... 20
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 24
APPENDIX A –ADVISORY CODE CITATIONS ..................................................................... 26
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY ..................................... 26
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 30
APPENDIX D – NOTICING AND PUBLIC COMMENT ......................................................... 30
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 31
FISCAL EFFECTS ....................................................................................................................... 31
ATTACHMENTS ......................................................................................................................... 31
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SECTION 1 - MAP SERIES
Vicinity Map showing adjacent zoning
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Existing Major Street Network and Future ROW Corridor Needs, Greater Bozeman Transportation Plan, 2007, Figure 9-2
Subject
Property
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SECTION 2 – REQUESTED VARIANCES
1) No variances are required with the proposed plat.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report.
Recommended Conditions of Approval:
1. 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 final plat shall conform to all requirements of the Bozeman Municipal Code (BMC) 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 certificates.
The final plat application shall include three (3) 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 BMC or State law.
3. A Conditions and Notes sheet shall be included with each final plat.
4. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure.
5. If the subdivision is not platted in accordance with and in alphabetical order as shown on
the preliminary plat the City may require infrastructure improvements outside the phase
boundary including but not limited to water, sewer, street, and stormwater facilities.
6. All common open spaces shall be clearly designated on the plat with sequential incrementors such as Common Open Space A, Common Open Space B, etc. All references
within covenants, application materials, etc shall clearly refer to the identified spaces.
7. Prior to final plat approval, in conjunction with required or offered dedications, the
subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the City of all dedicated parkland and any open space proposed to be conveyed to the City and all its right, title, and interest in any improvements made to
such parkland or open space. For the transfer of real property, the subdivider or owner of
the property shall submit with the application for final plat a warranty deed or other
instrument acceptable to the City Attorney transferring fee simple ownership to the City. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat with the original of such deed returned to the City. For personal
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property installed upon dedicated parkland or City owned open space, the subdivider shall
provide the City an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such
improvements.
8. The final plat for each phase shall include a transfer of private improvements certificate to
read substantially as follows:
CERTIFICATE OF TRANSFER OF OWNERSHIP & COMPLETION OF NON-
PUBLIC IMPROVEMENTS
The following are hereby granted and donated to the property owners association
noted below for their use and enjoyment: Common Open Space parcels
designated with letters A, B, C, D, etc. Unless specifically listed in the Certificate
of Dedication, the city accepts no responsibility for maintaining the same. I,
(Subdivider), hereby further certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal
Code, or as a condition(s) of approval of the subdivision plotted herewith, have
been installed in conformance with any approved plans and specifications
prepared in accordance with the standards of Chapter 38 or other City design
standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
The subdivider hereby grants ownership of all non-public infrastructure
improvements to the property owners association created by Document Number
______________________(To be filled in when recorded)
By: (Subdivider) Date: _____________________________
9. The property owners association documents for this subdivision shall be drafted so that the
entirety of the property being subdivided in all phases is subjected to the obligations of
park and open space maintenance at the time of the recording of the final plat of the first
phase. Contribution to maintenance expenses may be proportionate to the number of lots platted.
10. The property owner’s association documents created for this subdivision shall include
provisions describing the agreed upon method of contribution to the Sundance Property
Owners Association and binding property owners of future phases to contribute to the
maintenance and upkeep of dedicated parks and publicly accessible open space lands required to be maintained by the Sundance Property Owners Association. The provisions in the property owner’s association documents fulfilling this condition shall be considered
required by the City Commission pursuant to Section 38.38.030.A.5, BMC. The City may
release the Sundance Property Owners Association from the obligation to maintain parks
dedicated to the City at the City’s discretion.
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11. Installation by the developer of vegetative ground cover, boulevard trees, and irrigation
system in the public right-of-way boulevard strips along all external perimeter development streets and adjacent to public parks or other open space areas in each phase is required prior
to the final plat application of that phase in accordance with the requirements of Section
38.27.070 “Landscaping of Public Lands”. This includes the common open spaces
providing pedestrian walks.
12. All Irrigation wells located within the exterior boundaries of the development shall include Montana DNRC certificates shall be provided to the City with the final plat submittal. All
wells shall include a meter or other devise to determine consumption.
13. Fences located in the front, side or rear yard setback of properties adjacent to any park or
publicly accessible open space shall not exceed a maximum height of four (4) feet, and
shall be of an open construction designed in a manner to be consistent along all park land and common open space areas. Proposed fencing shall conform to Section 38.23.130
“Fences, Walls and Hedges.” This requirement with appropriate exhibits of fence types
shall be addressed and illustrated in the property owners’ association documents. The
documents shall include a single fence style acceptable to the City for locations fronting
any common open space or public park.
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. All public access and utility easements for pedestrian pathways shall have no reference to movement of location shall be included on the final plat.
16. The 60 foot Access and Utility Easements shown on Lot 1, 3, and 4 shall be dedicated as
60 foot public street and utility easements. No reference to movement of location shall be
included on the final plat.
17. All “street dedication” plat notes shall be dedicated public streets.
18. The transfer of water rights or the payment of cash in lieu of water rights shall be provided
in accordance to BMC section 38.23.180.
19. 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, if not done with annexation:
a. Park maintenance district.
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.
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20. Section 38.39.030 Completion of Improvements. 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
21. The Conditions and Notes sheet of the final plat shall contain the following language that is
readily visible with lettering, at a minimum size of 12 point type, placing future landowners
of individual lots on notice of the obligation to install sidewalks:
“City standard sidewalks (including a concrete sidewalk section through all
private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the third
anniversary of the plat recordation of any phase of the subdivision, any lot owner
who has not constructed the required sidewalk shall, without further notice,
construct within 30 days, the sidewalk for their lot(s), regardless of whether
other improvements have been made upon the lot.”
22. The location of mailboxes shall be coordinated with the City Engineering Department prior
to their installation.
23. All rights-of-way for pedestrian walks shall include sidewalk constructed to city standards,
and the provisions of section 38.24.080 shall apply. Satisfying block length requirement
are subdivision improvements. All subdivision improvements are required to be completed prior to final plat approval pursuant to Section 38.39.030.B, BMC or financially guaranteed
pursuant to Section 38.39.060, BMC.
24. Prior to final plat approval of the first phase of the subdivision, the property boundary
between the Caspian Avenue public street and utility easement and Equestrian Lane and
Lot 1 of Minor Subdivision 400 shall be relocated through the applicable subdivision exemption process. Prior to final plat approval of Phase B of the subdivision and after the
relocation of common boundary the Caspian Avenue public street and utility easement
shall be dedicated street R.O.W. on the final plat or through the appropriate subdivision
exemption process. These two requirements are sequential; the boundary relocation occurs
first followed by the creation of the road right of way.
25. A Storm water 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 storm water receiving channel. The plan shall include sufficient site grading
and elevation information (particularly for the basin site, drainage ways and finished lot
grades), typical storm water detention/retention basin and discharge structure details, basin
sizing calculations and a storm water maintenance plan.
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A Storm Water Management Permit (SMP) must be submitted and approved by the City
Engineer prior to Final Site Plan Approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm
water permitting required from the State of Montana, and does not fulfill the requirement to
obtain a Storm Water Pollution Prevention Plan (SWPPP) if they are required for this
development. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the approval letter from the Montana Department of Environmental Quality shall be submitted to the City.
Any storm water 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. Storm
water 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 unless a variance is applied for and approved by the City Commission.
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.
26. A number of the lots state they will be providing onsite stormwater detention, but no
discharge course is identified, and no storm sewer is being proposed. The proposed ponds
shall not be discharged onto the adjacent streets or rights of way.
27. The extension of Trakker Trail and the north/south street shown on the common lot line between Lot 3 and 4 in phase C shall be placed within either dedicated right of way or
public street and utility easements. The streets, including required utility extensions shall
be installed or financially guaranteed prior to filing the respective phase of the subdivision
they are within. No building permits will be issued for a phase until the improvements are
installed and accepted for that phase.
28. The turn bays and tapers on Davis Lane at the intersection of Galloway Street
recommended by the traffic impact study shall be installed or financially guaranteed with
phase A of the subdivision. The improvements shall be installed and accepted prior to
issuance of any building permits.
29. All proposed private utilities to serve the subdivision shall be shown on the public infrastructure plans and specifications.
30. Prior to acceptance of publically owned infrastructure, the contractor shall provide a
Maintenance Bond with the developer/owner equal to 20% of the actual cost of the
improvements to correct any deficiencies in workmanship and/or materials which are found
during the two year warranty period. The City of Bozeman shall be named as dual oblige on the bond.
31. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
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32. Street lighting shall be installed in accordance with the City of Bozeman Design Standards
and Specification Policy.
33. A 1’ wide no access strip shall be provided along the lot frontages of Davis Lane and
Baxter Lane.
34. The property is within the Baxter/19th signal payback district. The payback shall be made
prior to the filing of the final plat for each phase of the subdivision.
35. Each phase of the subdivision shall have a minimum of two separate water main feeds.
Single source loops created by phasing will not be allowed.
36. 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.
37. The Conditions and Notes sheet of the final plat shall contain the following language that is
readily visible with lettering, at a minimum size of 12 point type, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the
subdivision
“Due to the potential of high ground water tables in the areas of the subdivision,
it is not recommended that residential dwellings or other 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.”
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
a. Pursuant to Section 38.23.060.B, BMC private utility easements shall be ten feet wide
described, dimensioned and shown on the final plat in their true and correct location and
located on the front, rear, and side yards of all lots unless written verification from all of
the utility companies to adequately serve the development is provided.
b. Caspian Avenue, south of Equestrian Lane to the intersection of Baxter Lane, shall be shown as a 60’ public street and utility easement.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Sundance Minor Subdivision preliminary plat
File: P-14052
Development Review Committee
The Development Review Committee (DRC) has reviewed the Preliminary Plat application on
November 5 and 12, 2014 and after additional information was provided continued the review on
December 31, 2014 and January 7, 2015. The DRC recommended conditional approval of the
preliminary plat application.
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City Commission
The City Commission public held a hearing March 2, 2015 to consider the preliminary plat and
make a final decision on this application.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition No. 2, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law.
The parcel is less than 160 acres. Therefore, to comply with the requirements of the Montana
Subdivision and Platting Act the entire area must be included with each final plat. However, as a
phased subdivision, not all of the improvements necessary to develop individual lots will be
installed at once. In order to provide notice of the pending requirement for infrastructure
completion a note is required to be provided with each final plat. See Condition 4. This
condition will serve the role of a guarantee of performance for future development. This protects
potential buyers without causing a financial burden on the developer.
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3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The hearings before the City Commission have been properly noticed as required by the
Bozeman UDC. Based on the recommendation of the DRC, and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the applicant’s request.
A preliminary plat application was submitted on October 15, 2014 and after the receipt of
additional information required by Title 38 of the Bozeman Municipal Code (BMC) on October
14, 2014 was deemed acceptable for initial review on December 12, 2014. The preliminary plat
was reviewed by the DRC on November 5 and 12, 2014 and after additional information was
provided continued the review on December 31, 2014 and January 7, 2015. The DRC and Staff
determined the submittal contained detailed, supporting information that is sufficient to allow for
the review of the proposed subdivision on December 31, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
February 15, 2015. The site was posted with a public notice on February 13, 2015. Public notice
was sent to physically 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 February 13,
2015. No comments have been received as of the production date of this report
The final plat to be recorded for each phase will require review to ensure that all requirements of
the law and conditions of approval have been met. Installation of required infrastructure and
dedication of easements and lands will be verified at that time. Failure to comply with conditions
of approval will preclude approval.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all applicable
regulations appear to be met. Pertinent code provisions and site specific requirements are
included in this report for City Commission consideration.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
As noted under Staff Finding No. 2 above and required Section 38.23.060.A, all easements,
existing and proposed, shall be accurately depicted and addressed on the final plat and in the
final plat application. In addition, as required by Section 38.23.060.B, BMC private utility
easements shall be shown in the face of the final plat unless written confirmation is submitted to
the planning department from all utility companies providing service indicating that front yard
easements are not needed.
Additional utility easements are anticipated and will be identified during further development
whether through further subdivision or site development review. Pursuant to Section
38.23.060.A, BMC, in all other developments, the proper easements documents shall be prepared
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for review and approval by the city, and filed at the county clerk and recorder's office. The
easement documents shall be accompanied by an exhibit indicating the dimensions, and true and
correct location, of all easements.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
All of the proposed lots have frontage to public streets constructed to City standards with lot
frontage meeting minimum standard shown on the preliminary plat. In addition, pursuant to
Section 38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the
city modifications to state public works standard specifications.
Baxter and Davis Lanes are defined as a Minor Arterials according to the Greater Bozeman Area
Transportation Plan, 2007 Update. A one (1) foot no access strip is required along Baxter and
Davis to limit encroachments and promote safe and efficient roadways (Condition 33).
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as Community Commercial Mixed Use area according to the
City of Bozeman Community Plan. The area is zoned for Commercial development. Much of
the surrounding area has previously undergone subdivision review and approval and has begun
to be developed. Although the property has historically been used for agricultural production
those activities have ceased. Therefore, this subdivision will not have adverse effects on
agriculture.
2) The effect on Agricultural water user facilities
There are no known agricultural water user facilities on the subject property. Therefore, this
subdivision will not have adverse effects on agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer service will connect to City systems and be installed
in the adjacent street or right-of-ways or access and Utility Easements. Each lot will connect to
the constructed water and sewer mains designed to the appropriate design standard and shall be
located in the standard location as approved by the Water/Sewer Superintendent. Each phase of
the subdivision shall have a minimum of two separate water main feeds. Single source loops
created by phasing will not be allowed. See Condition 35.
The water and wastewater treatment plants have adequate capacity to serve this development.
The impacts of the development on the water and wastewater systems will be mitigated by the
conditions of approval, future impact fee payments, provision of water rights or cash-in-lieu
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thereof, and the future utility charges to residents. The City’s design manual provides the specific
guidance for detailed infrastructure design.
Streets – Access to the subdivision is primarily provided from Baxter and Davis Lanes, both are
minor arterial streets. Minor arterials require 100 feet of R.O.W. to accommodate the street
cross section. Interior circulation will be provided by the extension of Caspian Avenue,
Equestrian Lane, Gallaway Street, and Kimberwicke Streets.
Caspian Street is shown as terminating at Equestrian Lane. The terminus of Equestrian Lane was
originally contemplated with the Baxter Meadows Concept Plan. However, that was due to the
proposed location of a park located on the western portion of Phase C of this subdivision. The
current proposal is stated to be developed as commercial property and the Applicant desires to
retain maximum flexibility to accommodate future development.
Phase B currently shows Caspian Avenue as a dedicated R.O.W. However, this R.O.W. will be
converted to a public street and utility easement. This R.O.W. reference was modified to
become a street easement so that Lot 1 was not bifurcated into two pieces creating an additional
lot, or six total lots. Six lot subdivisions are defined as major subdivision and require review by
the Planning Board and additional review fees. In addition, the hatched area to the east of
Caspian Avenue between the adjacent properties will be relocated to align with the roadway
boundary prior to final plat approval, thus eliminating the area question from this development
permitting this public street and utility easement to be converted into dedicated R.O.W. as
referenced in Section 3 recommended Condition 25, Caspian Avenue will be required to be
converted to a dedicated street R.O.W. on the final plat or through the appropriate subdivision
exemption process.
Traffic Impact Study (TIS)
The TIS has determined that while this development will impact the intersection of Davis Lane
and Baxter Lane to some degree, the additional traffic would not reduce the intersection’s level
of service sufficiently to warrant a change from four–way stop control operations. However,
safety impacts on Davis Lane were investigated and it was determined that an auxiliary left-turn
lane would be warranted at the intersection of Davis Lane and Galloway Street. Therefore, turn
bays and tapers on Davis Lane at the intersection of Galloway Street recommended by the traffic
impact study shall be installed or financially guaranteed with phase A of the subdivision. The
improvements shall be installed and accepted prior to issuance of any building permits. See
Condition 28. However, the study (attached to this report) explicitly analyzed 219 apartments,
the anticipation of 80 townhomes or 210 additional apartments and approximately 40,000 square
feet of office space. This traffic study was prepared under the original concept plan described in
the Executive Summary above. Again, the current proposal contemplates a commercial
development so no parkland dedication or neighborhood center is required during the subdivision
review phase.
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Block Length
In order to meet block length design standards of Section 38.23.040, BMC public access and
utility easements are proposed on Lot 3 and 3. The easements are 25 feet wide and will require
concrete walkways through each easement to meet the standards under Section 38.23.040
eliminating non-standard block lengths. The Applicant is aware of the provision stipulating that
yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as corner side
yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall be treated as side
yards.
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 Engineer’s Office prior to
filing the final plat to facilitate emergency response to the site.
Stormwater - The standard requirement for a detailed review of the final grading and drainage
plan, and approval by the City Engineer, will be required as part of the infrastructure plan and
specification review process prior to final plat approval. Specific locations for storm water areas
are show on the face of the plat. Please see Condition No. 26.
Parklands – Pursuant to Section 38.27.020.B, BMC parkland dedication is not required for
minor subdivisions or subdivisions that are all non-residential. However, the Application,
Preliminary Plat Design Report, Traffic Impact Study, and discussions with the Applicant
indicate that residential uses may occur on some or all of the subject property. Staff highlighted
the challenges that may arise when retrofitting parkland designs after the platting process is
complete. Those challenges include park frontage, location constraints, linear park requirements
and acceptability, acceptance of parkland dedication alternatives including cash-in-lieu, and park
development standards. If residential uses are proposed in future development applications
Section 38.27.020A, BMC required area or its equivalent may be provided by any combination
of land dedication, cash donation in-lieu of land dedication, or an alternative authorized by
Section 38.27.100, subject to the standards of this chapter. The City Commission has substantial
discretion in determining adequacy of proposed park land. Determination of adequate park land
may limit future residential development options.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
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5) The effect on Wildlife and wildlife habitat
The subject property is designated as Community Commercial Mixed Use area according to the
City of Bozeman Community Plan. The area is zoned for Commercial development.
Historically the property was used for agricultural production that use has ceased and eradicated
wildlife and wildlife habitat. Much of the surrounding area has previously undergone
subdivision review and approval and has begun to be developed further reducing habitat in the
area. Therefore, this subdivision will not have adverse effects on wildlife and wildlife habitat.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect the
public health, safety and general welfare. The subdivision has been reviewed by the 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. In addition, all
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann. and
as a result, the Department of Community Development has reviewed this application against the
listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on February 26, 2014.
With the pre-application plan review application, waivers were requested by the applicant from
Section 38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the
standard preliminary plat supplements due to the nature of the property. The DRC granted a
partial waiver to the supplemental information under 38.41.060, BMC is granted with this pre-
application plan review application for: 1) geology-soils-slopes, 2) educational facilities, 3)
wildlife, 4) historical features, 5) agriculture, 6) agricultural water user facilities, 7) surface
water, 8) Neighborhood Center Plan, 9) workforce housing, and 10) groundwater.
Waivers to the supplemental information for the following are not granted: 1) water and sewer,
2) streets, roads and alleys, 3) storm water management, 4) utilities, 5) land use, 6) neighborhood
center plan, 7) lighting plan, and 8) parks and recreational facilities, 9) vegetation, and 10)
floodplains. The DRC granted a partial waiver to the supplemental information under 38.41.060,
BMC. Staff offers the following summary comments on the supplemental information required
with Article 38.41, BMC.
38.41.060.A.1 Surface Water
A partial waiver was granted by the DRC during the pre-application review. There are no water
features or agricultural water user facilities on the subject property. Therefore, this subdivision
will not have adverse effects on agricultural water user facilities.
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38.41.060.A.2 Floodplains
A partial waiver was granted by the DRC during the pre-application review. The subject
property is classified as Zone “X” according to the Flood Rate Insurance Map, Community Panel
No. 30002804D. Zone “X” indicates areas outside of the 500 year floodplain. Therefore, there
is minimal impact caused by floodplains.
38.41.060.A.3 Groundwater
Supplemental groundwater information was granted a waiver to the supplemental information
requirement by the pre-application process and may use the previous information submitted with
the Baxter Meadows Subdivision. Extensive groundwater monitoring was performed for the
Baxter Meadows subdivision showing varying degree of water depth. A standard plat note is
required to inform future property owners of the high ground water and to seek the appropriate
professional investigation prior to construction (Condition 37).
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. There are no known geologic hazards associated
with the site. The property is relatively flat minimizing geologic hazards.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. No significant or critical vegetation exists on the
subject property. Noxious weeds are being controlled by the required Noxious Weed
Management Plan. In addition, there are ongoing performance measures required with the Weed
Management Plan to insure control of noxious weeds on site.
38.41.060.A.6 Wildlife
Supplement information waived by the DRC. This is a developing urban area. There no critical
wildlife corridors or environments to support significant wildlife or charismatic mega fauna on
the subject property. No watercourses or other sensitive vegetative cover that is conducive to
support wildlife. Therefore, the subdivision will have minimal impacts on wildlife.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. According to
the Baxter Meadows subdivision submittal there was no indication of any prehistoric or historic
cultural resources on the site.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
used for agriculture.
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38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. As described above under the primary review
criteria there are no known agricultural water user facilities on the subject property. Therefore,
this subdivision will not have adverse effects on agricultural water user facilities
38.41.060.A.10 Water and Sewer
Water and sewer designs were submitted with Application under tab 3 of the Applicant
Submittal. Sewer and water mains are proposed to be extended from these existing right-of-
ways/systems to serve all lots. Adequate capacity exists to service the subdivision. Final
approval of the water distribution system and sewage collection/disposal system will be obtained
through normal approval procedures of preliminary and final plat review by the City Engineer’s
Office, Superintendent of Water/Sewer, and Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
Stormwater improvements are needed to accommodate the development. A Storm water 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. See Condition 26.
Runoff from the individual lots is unknown at this time. The development 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 Final Site Plan (FSP) for each lot. Placement and design of the facilities
will be approved by both the City Engineer’s Office and Planning Office.
38.41.060.A.12 Streets, Roads and Alleys
Addressed under the primary review criteria.
38.41.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. The DRC and local
review agencies did not identify any potential impacts and/or concerns with providing private
utilities to the subdivision. The final plat shall provide public utility easements as required by
Section 38.23.050, BMC.
38.41.060.A.14 Educational Facilities
The Bozeman School District’s review comments indicate they can accommodate the additional
students expected from this development. As noted the letter dated September 30, 2014 from
Mr. Todd Swinehart made his comments based on the sire being developed with 216 apartments
and 80 townhomes. The proposal has been modified to include only commercial uses.
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38.41.060.A.15 Land Use
The proposal is to develop four commercial lots for further development as allowed by the B-2
District.
38.41.060.A.16 Parks and Recreation Facilities
See discussion above under Local Services.
38.41.060.A.17 Neighborhood Center Plan
A Neighborhood Center is not required with application pursuant to Section 38.23.020.A(1)(a) &
B), BMC. Neighborhood center requirements only apply to all residential subdivisions or
planned unit developments, that are ten net acres in size or greater, shall have a neighborhood
center.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to Section 38.23.150.B, BMC. The street
lighting plan will mimic the previously reviewed Baxter Meadows Subdivision Light Plan to
provide lighting consistency with the adjoining subdivision. A lighting plan will need to be
submitted for review and approval prior to the contracting, creation of an S.I.L.D. and
installation of lights. The plan shall include a pole light detail with spacing based on high
pedestrian conflict, a local street pole light at one per local street intersection, and a bollard light
detail for placement at pathway/street intersections. All street lights installed shall use LED light
heads lights, including bollard light, and shall conform to the City’s requirement for cut-off
shields. See Condition 14 & 36.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. The Workforce Housing, Section 10.08.030,
BMC, had been suspended by the City Commission.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in this findings of fact was conducted.
The applicant presented to the City a proposed preliminary plat for a minor subdivision for
the subdivision of approximately 28.210 acres into four (4) commercial lots, one (1) open
space lot, and the remaining area as street rights-of-way.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to
public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section Chapter
38, Article 33, BMC, and considering all matters of record presented with the application and
during the public comment period defined by Chapter 38, BMC, the City Commission has
found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised
of all matters having come before her regarding this application, the City Commission makes
the following decision.
D. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 2 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development
to ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
E. This City Commission order may be appealed by bringing an action in the Eighteenth District
Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary
approval of this subdivision shall be effective for three (3) years from the date of the signed
Findings of Fact and Order approval. At the end of this period the City may, at the request of
the subdivider, grant an extension to its approval by the Community Development Director
for a period of mutually agreed upon time.
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DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A –ADVISORY CODE CITATIONS
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. It is the duty of the applicant
to submit plans and other materials which conform to all standards. Submittal of inaccurate or
incomplete materials may delay review of the application or prohibit its approval.
APPENDIX B – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned B-2 (Community Business District). The intent of the B-2
community business district is to provide for a broad range of mutually supportive retail and
service functions located in clustered areas bordered on one or more sides by limited access
arterial streets.
Section 38.10.020, BMC, details permitted uses with the B-2 District.
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service — P P
Apartments and apartment buildings6, as defined in this chapter P P1/C P3
Arts and entertainment center, as defined in this chapter P P P
Automobile fuel sales or repair, as defined in this chapter C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school — C P3
Bus terminals — C C
Community centers P P P3
Community residential facilities with eight or fewer residents P P1/C P3
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Community residential facilities serving nine or more residents — C —
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services Type I A A A
Essential services Type II P P P
Essential services Type III C9 P C9
Extended-stay lodgings — P P
Food processing facilities — C —
Frozen food storage and locker rental — P —
Health and exercise establishments P1/C P P
Hospitals — P C
Hotel or motel — P P
Laboratories, research and diagnostic — P P3
Laundry, dry cleaning — C C
Light goods repair, as defined in this chapter — C A
Lodginghouses — C C3
Manufacturing, artisan P P P8
Manufacturing, light — C C3
Manufacturing, light and completely indoors — C —
Mortuary — C C
Museum — C C
Medical and dental clinics P1/C P P
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Meeting hall — P P
Offices, as defined in this chapter P1/C P P3
Other buildings and structures typically accessory to permitted uses A A A
Parking facilities P P P3
Personal and convenience services, as defined in this chapter P P P
Pet grooming shop P P P
Printing offices and publishing establishments — — C
Private club, fraternity, sorority or lodge — P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories — P P
Restaurants P5 P P
Retail uses, as defined in this chapter P2 P2 P2
Retail, large scale — P —
Sales of alcohol for on-premises consumption7 C C C
Sign paint shops (not including neon sign fabrication) — P C
Upholstery shops (excluding on site upholstery service for cars, boats,
trailers, trucks and other motorized vehicles requiring overnight storage)
— P P3
Veterinary clinic — C —
Wholesale distributors with on-premises retail outlets, providing
warehousing is limited to commodities which are sold on the premises
— C —
Wholesale establishments that use samples, but do not stock on premises — P P
Any use, except adult businesses and casinos approved as part of a planned
unit development subject to the provisions of article 20 of this chapter
C C C
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Notes:
1 When located on the second or subsequent floor, or basement as defined in article 42 of this
chapter.
2 Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter.
3 Except on ground floor in the core area as defined in this article.
4 Private arts instruction shall only be on the second or subsequent floor in the core area as
defined in this article.
5 Exclusive of drive-ins.
6 May be subject to the provisions of chapter 10, article 8.
7 Also subject to chapter 4, article 2.
Adopted Growth Policy Designation:
The property is designated as “Community Commercial Mixed Use” in the Bozeman
Community Plan. 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.
In the “center-based” land use pattern, Community Commercial Mixed Use areas are integrated
with significant transportation corridors, including transit and non-automotive routes, to facilitate
efficient travel opportunities. The density of development is expected to be higher than currently
seen in most commercial areas in Bozeman and should include multi-story buildings. A Floor
Area Ratio in excess of .5 is desired. It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an urban
character. Placed in proximity to significant streets and intersections, an equal emphasis on
vehicle, pedestrian, bicycle, and transit circulation shall be provided. High density residential
areas are expected in close proximity. Including residential units on sites within this category,
typically on upper floors, will facilitate the provision of services and opportunities to persons
without requiring the use of an automobile.
The Community Commercial Mixed Use category is distributed at two different scales to serve
different purposes. Large Community Commercial Mixed Use areas are significant in size and
are activity centers for an area of several square miles surrounding them. These are intended to
service the larger community as well as adjacent neighborhoods and are typically distributed on a
one mile radius. Smaller Community Commercial areas are usually in the 1015 acre size range
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and are intended to provide primarily local service to an area of approximately one-half mile
radius. These commercial centers support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials and/or
collectors. Although a broad range of uses may be appropriate in both types of locations the size
and scale is to be smaller within the local service placements.
Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not
be overly dominated by any single land use. Higher intensity employment and residential uses
are encouraged in the core of the area or adjacent to significant streets and intersections. As
needed, building height transitions should be provided to be compatible with adjacent
development.
APPENDIX C – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner and Applicant Baxter Meadows Land Partners, LLC, 9980 S. 300 West,
Suite 310, Sandy, UT 84070, represented TD&H Engineering, 234 E. Babcock, Suite 3,
Bozeman, MT 59715 submitted an application to subdivide 28.210 acres into four (4)
commercial lots for further development in a B-2 (Community Business) District in three phases.
Project Background
The subject property was part of the original Baxter Meadows Planned Unit Development and
Concept Plan. The concept plan is attached to this report for reference purposes only. However,
the area undergoing subdivision revision review only received concept plan approval. That plan
has expired.
Subsequently, the Applicant submitted application for a subdivision Pre Application review for a
concept planned unit development plan on January 29, 2014 proposing a 9.4 acre lot for the
second phase of the Sundance Apartment development, 62 residential townhomes, two
commercial lots designed to accommodate 20,000 to 30,000 square feet of professional and
medical office space, and a 1.9 acre park within the townhome development The draft plan is
attached to this report for reference purposes only.
The final proposal has evolved into the Sundance Minor Subdivision to create four commercial
lots intended for further development.
APPENDIX D – NOTICING AND PUBLIC COMMENT
A subdivision pre-application was submitted on January 29, 2014. The pre-application was
reviewed by the DRC on February 19 and 26, 2014 and summary review comments were
forwarded to the applicant in preparation of the preliminary plat application.
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A preliminary plat application was submitted on October 15, 2014 and after the receipt of
additional information required by Title 38 of the Bozeman Municipal Code (BMC) on October
14, 2014 was deemed acceptable for initial review on December 12, 2014.
The preliminary plat was reviewed by the DRC on November 5 and 12, 2014 and after additional
information was provided continued the review on December 31, 2014 and January 7, 2015. The
DRC and Staff determined the submittal contained detailed, supporting information that is
sufficient to allow for the review of the proposed subdivision on December 31, 2014.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday,
February 15, 2015. The site was posted with a public notice on February 13, 2015. Public notice
was sent to physically 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 February 13,
2015. No comments have been received as of the production date of this report.
The final plat to be recorded for each phase will require review to ensure that all requirements of
the law and conditions of approval have been met. Installation of required infrastructure and
dedication of easements and lands will be verified at that time. Failure to comply with conditions
of approval will preclude approval.
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF
Owner and Applicant: Baxter Meadows Land Partners, LLC, 9980 S. 300 West, Suite 310,
Sandy, UT 84070
Representative: TD&H Engineering, 234 E. Babcock, Suite 3, Bozeman, MT 59715
Report By: Tom Rogers, AICP, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
1. Staff Report
2. Applicant’s submittal materials
3. Supporting documentation
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street.
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SURVEYED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:ENGINEERING CONSULTANTSTHOMAS, DEAN & HOSKINS, INC.118