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City Commission Findings of Fact and Order for the South University
District Phase 1B Minor Subdivision Preliminary Plat Application P15011
Public Hearing Date: City Commission meeting is on June 8, 2015
Project Description: A second or subsequent minor subdivision from a lot with restricted
development of 6.41 acres to create one lot of 3.66 acres for residential development and
dedicated rights of way for the extensions of Campus Boulevard and State Street/South
14th Avenue.
Project Location: The property is zoned REMU (Residential Emphasis Mixed Use District).
The property is generally located NE of the future intersection of Campus Boulevard and
South 14th Avenue and is legally described as Lot 2 of the South University District
Phase 1 Minor Subdivision, Southwest ¼ of Section 13 and the Northwest ¼ of Section
24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
Recommendation: Approval with conditions.
Recommended 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 P15011 and move to approve South University District Phase
1B Minor Subdivision Preliminary Plat with conditions and subject to all applicable code
provisions.”
Staff Contact: Brian Krueger, Development Review Manager
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Project Summary
RTR Holdings and Fountain Residential Partners, a national student oriented housing developer,
have submitted an application to subdivide the second phase of the approximately 127 acre
master planned South University District to create one lot for further residential development and
dedicate rights of way for extensions of State Street/South 14th Avenue and Campus Boulevard.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a Commission decision.
The Development Review Committee (DRC) at their April 29, 2015 meeting voted unanimously
to recommend approval of the application with the conditions and code provisions identified in
this report.
No additional parkland dedication is required for this subdivision. No subdivision or zoning
variances are requested with this application. No public comment has been received.
The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60
working days of the date it was deemed adequate; or in this case by July 23, 2015.
Alternatives Considered by the Commission
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
Project Summary ................................................................................................................. 2
Alternatives Considered by the Commission ...................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9
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SECTION 5 - RECOMMENDATIONS ......................................................................................... 9
SECTION 6 - STAFF ANALYSIS and findings .......................................................................... 10
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11
Preliminary Plat Supplements ........................................................................................... 13
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX b– DETAILED PROJECT DESCRIPTION AND BACKGROUND ..................... 21
APPENDIX c – NOTICING AND PUBLIC COMMENT .......................................................... 22
APPENDIX d – OWNER INFORMATION AND REVIEWING STAFF .................................. 22
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SECTION 1 - MAP SERIES
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PROPOSED PRELIMINARY PLAT
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DETAIL
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SECTION 2 – REQUESTED VARIANCES
No variances are requested with this preliminary plat application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include 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 Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding
margin on one side for both plats and COS’s. The Clerk and Recorder will file the new
Conditions of Approval sheet as a separate document from the Plat. This accompanying
sheet may either be on a same sized mylar sheet or a letter or legal paper document with
up to 11x17 exhibits.
2. 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.
3. The final plat shall provide all necessary utility easements and shall be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or side yard utility easements not provided will require written confirmation from ALL
utility companies providing service indicating that rear or side yard easements are not
needed.
4. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed, and shall include a digital copy
(pdf) of the entire Final Plat submittal. This narrative shall be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
5. Documentation of compliance with the parkland dedication requirements of Section 38.27.020, BMC shall be provided with the final plat. A table showing the parkland requirements for the subdivision and the method of meeting the parkland dedication shall
be included on the final plat conditions of approval sheet. The table shall explicitly state
how much parkland credit was allocated for this lot in the South University District
Master Plan.
6. 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
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Environmental Quality. The Applicant shall also provide Professional Engineering
services for construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public infrastructure
improvements until the plans and specifications have been approved and a pre-
construction conference has been conducted. All plans and specification shall comply
with the current version (including all addenda) of the City of Bozeman Design Standards
and Specifications Policy and the City of Bozeman Modifications To Montana Public
Works Standard Specifications Sixth Edition that have been adopted at the time of
approval of the plans and specifications. No building permits shall be issued prior to
substantial completion and City acceptance of the required infrastructure improvements.
7. Water rights or cash-in-lieu thereof shall be provided in accordance with Sec. 38.23.180
BMC Prior to final plat approval.
8. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat.
9. All proposed private utilities to serve the subdivision shall be shown on the public
infrastructure plans and specifications.
10. 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.
11. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system
designed to remove solids, silt, oils, grease and other pollutants from the runoff from the
private and public streets and all lots must be provided to and approved by the City
Engineer. The master plan must depict the maximum sized retention basin location, show
location of and provide easements for adequate drainage ways within the subdivision to
transport runoff to the 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. 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
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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. 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 Final Site Plan for each lot.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. 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.
B. 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 code
requirement shall be included on the final plat for the subdivision.
SECTION 5 - RECOMMENDATIONS
The Development Review Committee (DRC) reviewed the Preliminary Plat application on April
15, 22 and 29, 2015. On April 29, 2015, the DRC determined the application submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision; and as a result, finds that the application, with the recommended
conditions of approval, is in compliance with the adopted growth policy, the Montana
Subdivision and Platting Act and the Unified Development Code.
This subdivision is a second or subsequent minor subdivision from a tract of record and did not require Planning Board review. A public hearing was required before a Commission decision.
The City Commission held a public hearing and reviewed the application on June 8, 2015.
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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 considered 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. 1, 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. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The hearing before the City Commission has been properly noticed as required by the Bozeman
Municipal Code. Based on the recommendation of the Development Review Committee (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 to the Department of Community Development on
March 27, 2015 and was deemed acceptable for initial review on April 8, 2015. The preliminary
plat was reviewed by the DRC on April 15, 22 and 29 2015. The DRC determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision on April 29, 2015.
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Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May
24, 2015. The site was posted with a public notice on May 22, 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 May 21, 2015. No comment has
been received as of the production date of this report.
On May 26, 2015 this minor subdivision preliminary plat application staff report was drafted and
forwarded with a recommendation of conditional approval by the Director of Community
Development for consideration by the City Commission which is scheduled to make a final
decision at their June 8, 2015 public hearing. The final decision for a Subsequent Minor
Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed
adequate; or in this case by July 23, 2015. The City Commission reviewed the application, held
a public hearing, and voted 5-0 on June 8, 2015 to conditionally approve the subdivision.
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. Some conditions of approval and code corrections are noted to
complete the application processing as the project proceeds to final plat. 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 by 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. Therefore, all utilities and necessary utility easements will be provided
and depicted accordingly on the final plat.
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.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
The subject property is designated as a residential mixed use area according to the City of
Bozeman Community Plan. The property is zoned for residential development and is within an
area approved for development by the South University District Master Plan that has previously
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undergone review and approval by the City Commission. Therefore, this subsequent subdivision
will have no adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities are on the subject property. The property is designated as a
residential area according to the City of Bozeman Community Plan. The area is zoned for
residential development, has previously undergone subdivision review and approval, and has
begun to be developed. Therefore, this subsequent subdivision will have no adverse effects on
agricultural water user facilities.
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street right-of-ways.
Extension of those sewer and water and sewer mains are required to service the proposed
subdivision. The 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. The proposed residential density can be served by existing water
and sewer capacity.
Streets – The DRC has determined that with the construction of the adjacent streets and the
overall street network will have capacity to accommodate this development. Following new
water and service line installations to accommodate the new lot/development, all street
improvements will be constructed to acceptable City standards including curb, gutter, pavement,
boulevard sidewalks and storm water facilities.
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. Lot 2A proposed in Phase 1B was
included in the Phase 1 Storm Water Plan. Existing stormwater detention basins were oversized
to accommodate this proposed phase.
Parklands – While a minor subdivision does not require parkland dedication, a large City
parkland easement was established west and southwest of this location during the subdivision of
phase 1 to provide parkland credit for the subsequent residential development anticipated on this
lot. A parks master plan for the park was approved through the South University District Master
Plan. At such time that any residential development is occupied on any phase of the South
University District lots the parkland will have to be developed according to the parks master plan
or financially guaranteed through an improvements agreement. The developer would have nine
months to install any improvements guaranteed through an improvements agreement.
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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 were made with the
original subdivision for the control of noxious weeds and maintenance of the property.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing lot will have little to no impacts on wildlife and wildlife
habitat. The impacts to the more important habitat areas were addressed and mitigated during
the review of the original subdivision and are preserved as open space and/or parklands. Further,
the project is in an area identified for development.
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 January 14, 2015.
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 this previously platted/developed
property. The DRC granted waivers to the supplemental information under 38.41.060, BMC
with the pre-application plan review application for: surface water, 2) floodplains, 3)
groundwater, 4) geology-soils-slopes, 5) vegetation, 6) wildlife, 7) historical features, 8)
agriculture, 9) agricultural water user facilities, 14) educational facilities, 15) land use, 19)
miscellaneous and 20) affordable housing. A waiver to the supplemental information for 10)
water and sewer, 11) stormwater management, 12) street, roads and alleys (no Transportation
Impact Study is required), 13) utilities 16) parks and recreation facilities, 17) neighborhood
center and 18) lighting plan were not granted. Staff offers the following summary comments on
the supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review where surface water was considered. Mandeville Creek and associated
irrigation ditches are located within the South University District Subdivision, but are located
outside of and to the west of the subject property.
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38.41.060.A.2 Floodplains
Supplemental information waived by the DRC. Mandeville Creek does not include a mapped
100 year floodplain. The watercourse has a drainage basin of approximately one square mile.
Due to the small drainage area and its location within a large master planned park, this creek
does not pose a flood hazard to development within the subdivision.
38.41.060.A.3 Groundwater
Supplemental information waived by the DRC. Nine monitoring wells were excavated on the
property and monitored during the summer of 2011. Data gleaned from the test wells indicate
ground water depths vary from approximately thirteen feet deep to less than one foot in wetland
areas. In general, development is proposed in areas with groundwater depths ranging from six to
thirteen feet. Installation of municipal water and sanitary sewer services will reduce any concerns
regarding the potential of groundwater degradation from private systems.
38.41.060.A.4 Geology, Soils and Slopes
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. The geotechnical report for Phase 1 did not identify any unusual geologic
hazards on the property. No significant physical features or topographical conditions have been
identified, and no slopes in excess of fifteen percent (15%) grade are evident. Due to gentle
slopes on the property large cuts and fills are not anticipated.
38.41.060.A.5 Vegetation
Supplemental information waived by the DRC. The subject property has previously undergone
subdivision review. No significant or critical vegetation exists on the subject property with
exception to what is occurring and is preserved in the wetland areas. Noxious weeds are being
controlled by the required Noxious Weed Management Plan.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC. This is a developing urban area. The past
agricultural uses and proximity to the City make the property less desirable to wildlife. Montana
Department of Fish Wildlife and Parks was notified of the preliminary plat and did not provide
comment on the proposal. The 50-foot watercourse setback along the Mandeville Creek
watercourse and wetlands will protect any riparian environment already established on the
property.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. A cultural
resource study was conducted in April, 2012 by Anthro Research, Inc. and found that no
significant cultural, historic or archaeological features exist on the property.
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38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area and this property is not
currently being used for agriculture. The South University District has been designated for
development by the City’s growth policy, municipal zoning, and master planning.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. This is a developing area and there no
agricultural water user facilities on or adjacent to the site.
38.41.060.A.10 Water and Sewer
Water for domestic and fire protection and sanitary sewer service will be provided by
connections to the City of Bozeman municipal system. The City Engineering and Water and
Sewer Divisions have reviewed the plans and find there is adequate capacity to serve the
subdivision. Final approval of the water distribution system and sewage collection/disposal
system will be obtained through normal approval procedures of infrastructure and final plat
review by the City Engineering Division, Superintendent of Water/Sewer, and Montana
Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
A preliminary stormwater management plan was provided in the application. Storm water from
Phase 2 streets and Lot 2 developments will be collected in curbs and gutters and transported in
storm sewers to two detention basins located in the Phase 1 public park. Outlet structures control
the release rate from the detention basins to preconstruction runoff rates. A final stormwater
plan is required for review per condition no. 11.
38.41.060.A.12 Streets, Roads and Alleys
The approved South University District Master Plan provides the planned transportation system
for the district. The street network for Phase 1B of the South University District will include
dedicated rights of way for the perimeter streets surrounding the lot. South 11th Avenue, a
collector has been widened to its full section along the east side of Lot 1 of Phase 1 of the
subdivision. Campus Boulevard has been constructed along a portion of the frontage of Lot 1 of
Phase 1. State Street and its extension, South 14th Avenue, will be constructed with this
subdivision to a Local plus pedestrian standard (70’ of right of way, ten foot wide pedestrian
pathway) provided in the South University District Master Plan. The traffic analysis completed
and submitted for the residential and commercial component proposed for Lot 1 of Phase 1
assumed a number of trips and project density to accommodate Phase 1B. A description of the
total trip generation is provided in the application. The analysis stated that the resulting traffic
impacts to the existing city streets were found to be minimal. Planned for group living uses to
support Montana State University (MSU), primary travel to and from Lot 2A in Phase 1B is
anticipated to be by bicycle and pedestrian traffic to and from the university. Traffic generation
rates were obtained from counts at the MSU dormitories normalized for students with cars. The
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trip generation measured was 2.5 trips per day per resident with a car. This results in a total trip
generation from this project and future commercial uses of approximately1,960 new Average
Daily Trips on South 11th Avenue. Three intersections were analyzed along Kagy Boulevard for
capacity impacts; Kagy and 19th, Kagy and 11th and Kagy and 7th. The largest impacts are on
the 11th and Kagy intersection, but since this development is located on the under-utilized south
leg of this intersection, impacts are negligible. The intersection of 7th and Kagy continues to
operate below a LOS “C” and a formal request for an exception to this standard has been
submitted and was previously approved by the City Engineer for Phase 1. Kagy Boulevard is
proposed to be improved in 2017 in the City of Bozeman 2016-2020 Capital Improvements Plan.
Future improvements to Kagy Boulevard will improve the overall level of service. Bicycle traffic
is accommodated by bike lanes on the collector streets, South 11th Ave and Campus Boulevard.
In accordance with the South University District Master Plan, 10 foot wide share use pathways
are proposed along State Street and South 14th Avenue. Traffic calming bulbs are proposed at
street intersections to provide reduced speeds, shorter crosswalks, and better sighting of
pedestrians entering the street.
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 the location of all public utility easements
along all front, side and rear lot lines as required by Section 38.23.050, BMC.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. The proposed uses identified in the approved
South University District Master Plan are not related to school age children. The impacts to
Bozeman School District educational facilities are expected to be minimal to nonexistent from
this subdivision.
38.41.060.A.15 Land Use
Supplemental information waived by the DRC. The subdivision complies with the existing
zoning designation of REMU, Residential Emphasis Mixed Use District and the approved South
University District Master Plan.
38.41.060.A.16 Parks and Recreation Facilities
A complete Parks Master Plan was included with the South University District Master Plan. A
9.38 acre easement for City Parkland and recreation facilities was dedicated with the Phase 1
subdivision. The Improvements to the park area are currently underway and were driven by
parkland requirements for the development under construction on Lot 1 of Phase 1. This park
will have extra parkland credit area that will accommodate the density anticipated on Lot 2A of
Phase 1B.
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38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is not required for a minor subdivision, but Phase 1B is an early part of a
larger development project, while a neighborhood center is not proposed with this phase, the
parkland area along Mandeville Creek is the neighborhood center for the South University
District project.
38.41.060.A.18 Lighting Plan
Subdivision lighting is proposed and is in conformance with adopted design standards. Final
design of the lighting system is required with the infrastructure plan submittal and shall be in
accordance with the City’s adopted Engineering Design Standards and Specifications.
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 requirements, Article
10.8, BMC, have been suspended by the City Commission.
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 these findings of fact was
conducted. The applicant presented to the City a proposed preliminary plat for a subsequent
minor subdivision of a lot with restricted development of 6.41 acres to create one lot of 3.66
acres for residential development and dedicated rights of way for the extensions of Campus
Boulevard and State Street/South 14th Avenue.
B. The purpose of the preliminary plat review was 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. The matter of the preliminary plat application for South University District Phase 1B
Subsequent Minor Subdivision was considered by the City Commission at a public hearing
on June 8, 2015 at which time the Department of Community Development Staff reviewed
the project and reported that no public comment had been received prior to the hearing in
response to the noticing on the matter of this preliminary plat application.
D. Bob Lee, Morrison Maierle, Inc., representing the applicant/property owner, discussed the
design of the subdivision and indicated the applicant’s agreement with the recommended
conditions of approval.
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E. The public hearing portion was then opened to hear public testimony on the matter of the
preliminary plat application. No members of the public provided testimony or comment. The
City Commission then closed the public comment portion on the matter of the preliminary
plat application.
F. It then 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 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 the proposed preliminary plat would comply with the requirements of the Bozeman
Municipal Code if certain conditions were imposed based upon the findings in Section 6 of
this report. Therefore, being fully advised of all matters having come before them regarding
this application, the City Commission makes the following decision:
G. 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 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in
Section 4 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.
H. 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.
DATED this _______day of , 2015.
BOZEMAN CITY COMMISSION
_________________________________
JEFFREY K. KRAUSS
Mayor
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ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned Residential Emphasis Mixed Use (REMU). The intent and purpose of the residential emphasis mixed-use (REMU) district is to establish areas within Bozeman that
are mixed-use in character and to provide options for a variety of housing, employment, retail
and neighborhood service opportunities within a new or existing neighborhood, while providing
predictability to landowners and residents in uses and standards. There is a rebuttable
presumption that the uses set forth for the district will be compatible both within the district and to adjoining zoning districts when the standards of this chapter are met and any applicable
conditions of approval have been satisfied. Additional requirements for development apply
within overlay districts.
1.It is further the intent of this district to implement the principles of the adopted growth policy: Neighborhoods: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles;
b. Support compact, walkable developments that promote balanced transportation options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate adjacent to residential neighborhoods that can sustain commercial uses within walking
distance and a wider range of housing types;
g. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and
pedestrian-oriented complete streets; Sense of Place: h. Support or add to an existing neighborhood context;
i. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable;
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j. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place;
k. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to
pedestrians;
l. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets; Natural Amenities:
m. Preserve and integrate the natural amenities into the development;
n. Appropriately balance a hierarchy of both parks and public spaces that are within the
neighborhood; Centers: o. Group uses of property to create vibrant centers;
p. Where appropriate create a center within an existing neighborhood;
q. Facilitate proven, market driven projects to ensure both long and short-term financial viability;
r. Allow an appropriate blend of complimentary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality;
s. Foster the master plan development into a mix of feasible, market driven uses;
t. Emphasize the need to serve the adjacent, local neighborhood and also the greater Bozeman
area as well; u. Maximize land use efficiency by encouraging shared use parking; Integration of Action:
v. Support existing infrastructure that is within and adjacent to REMU zones;
w. Add to existing transportation and open space network, encourage pedestrian and bicycle
travel; x. Encourage master planned communities with thoughtful development; y. Provide flexibility in the placement and design of new developments and redevelopment to
anticipate changes in the marketplace;
z. Provide roadway and pedestrian connections to residential areas;
aa. Facilitate development (land use mix, density and design) that supports public transit, where applicable;
bb. Provide flexibility in phasing to help insure both long and short term financial viability of the
project as a whole;
Urban Density:
cc. Encourage efficient land use by facilitating, high-density, single or multi-story housing, commercial and retail development;
dd. Provide transitions between high-traffic streets and adjacent residential neighborhoods and
Sustainability:
ee. Promote sustainable communities through careful planning.
2. To accomplish the intent of the district, the REMU district may be located within existing and established neighborhoods, or located in new undeveloped areas of the city. Implementation of
certain regulations herein may be implemented with regard to the specific characteristics and
location of a development site. REMU districts should be located adjacent to or near planned or
existing residential development to enhance walking and bicycle use.
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Adopted Growth Policy Designation:
The subject property is planned Residential Emphasis Mixed-Use (REMU). The REMU land
use designation category promotes neighborhoods with supporting services that are substantially
dominated by housing. A diversity of residential housing types should be built on the majority of
any area within this category. Housing choice for a variety of households is desired and can
include attached and small detached single-household dwellings, apartments, and live-work
units. Residences should be included on the upper floors of buildings with ground floor
commercial uses. Variation in building massing, height, and other design characteristics should
contribute to a complete and interesting streetscape and may be larger than in the Residential
category.
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground
floor. All uses should complement existing and planned residential uses. Non-residential uses are
expected to be pedestrian oriented and emphasize the human scale with modulation as needed in
larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential
spaces should provide an interesting pedestrian experience with quality urban design for
buildings, sites, and open spaces.
This category is implemented at different scales. The details of implementing standards will vary
with the scale. The category is appropriate near commercial centers and larger areas should have
access on collector and arterial streets. Multi-household higher density urban development is
expected. Any development within this category should have a well integrated transportation and
open space network which encourages pedestrian activity and provides ready access within and
to adjacent development.
APPENDIX B– DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description
The owner’s of the South University District and Fountain Residential Partners, a national
student oriented housing developer, have submitted an application to subdivide the second phase
of the approximately 127 acre master planned South University District to create one lot for
further residential development and dedicate rights of way for extensions of State Street/South
14th Avenue and Campus Boulevard.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a Commission decision.
The Development Review Committee (DRC) at their April 29, 2015 meeting voted unanimously
to recommend approval of the application with the conditions and code provisions identified in
this report.
No additional parkland dedication is required for this subdivision. No subdivision or zoning
variances are requested with this application. No public comment has been received.
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The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60
working days of the date it was deemed adequate; or in this case by July 23, 2015.
Parkland for further development on the lot will be provided by existing City Park easement
dedicated with the South University District Phase 1 Subdivision.
The South University District Phase 1 subdivision received preliminary plat approval on
February 3, 2014 and the final plat was filed on April 1, 2014. Lot 2 of that subdivision is
proposed for further subdivision with this application. A restriction was placed on Lot 2 when
the final plat was filed to not allow building permit or further development on that lot until
further subdivision review was completed. This current application is the further subdivision
review anticipated when Lot 2 was created.
APPENDIX C – NOTICING AND PUBLIC COMMENT
A subdivision pre-application plan review was completed by the DRC on January 14, 2015.
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 this previously platted/developed
property. The City’s summary review comments were forwarded to the applicant in preparation
of the preliminary plat application and the DRC granted numerous supplemental information
waivers under 38.41.060, BMC.
A preliminary plat application was submitted to the Department of Community Development on
March 27, 2015 and was deemed acceptable for initial review on April 8, 2015. The preliminary
plat was reviewed by the DRC on April 15, 22 and 29 2015. The DRC determined the submittal
contained detailed, supporting information that is sufficient to allow for the review of the
proposed subdivision on April 29, 2015.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, May
24, 2015. The site was posted with a public notice on May 22, 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 May 21, 2015. No comment was
received.
On May 26, 2015 this minor subdivision preliminary plat application staff report was drafted and
forwarded with a recommendation of conditional approval by the Director of Community
Development for consideration by the City Commission, which is scheduled to make a final
decision at their June 8, 2015 public hearing. The final decision for a Subsequent Minor
Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed
adequate; or in this case by July 23, 2015. The City Commission reviewed the application, held a
public hearing, and voted 5-0 on June 8, 2015 to conditionally approve the subdivision.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: RTR Holdings II, LLC 22 Turtle Rock Court Tiburon, CA 94920
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Applicant: Fountain Residential Partners 2626 Cole Avenue, Suite 620 Dallas Texas 75204
Representative: Morrison Maierle Inc. PO Box 1113 Bozeman, MT 59771
Report By: Brian Krueger, Development Review Manager; Bob Murray, Project Engineer
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