HomeMy WebLinkAboutC4. FOF Shonkwiler
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson B. Brekke, Associate Planner
Wendy Thomas, Director of Community Development SUBJECT: Findings of Fact and Order for the Shonkwiler Addition Lot 1A
Subsequent Minor Subdivision Preliminary Plat, Application No.
15285. MEETING DATE: September 21, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Shonkwiler Addition Lot 1A Subsequent Minor Subdivision Preliminary Plat Application No. 15285.
BACKGROUND: On August 17, 2015, the City Commission held a public meeting for an
application for preliminary plat approval of the Shonkwiler Addition Lot 1A Subsequent Minor
Subdivision. The Commission unanimously (5:0) approved the proposed subdivision application 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. The Findings of Fact and Order can be found in Section 7 of the attachment.
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: September 11, 2015
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Return to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman MT 59771-1230 Page 1 of 18
City Commission Findings of Fact and Order for Shonkwiler Addition Lot 1A
Minor Subdivision Preliminary Plat, Application No. P15285
Public Hearing and Action Date: City Commission meeting on August 17, 2015
Project Description: A preliminary plat application requesting a second or subsequent minor
subdivision from a tract of record (0.946 acres) to create two lots.
Project Location: The property is zoned B-2 (Community Business District). The property is
generally located at northeast corner of North 7th Avenue and Peach Street and is legally
described as Lot 1A, Shonkwiler Addition, Southeast ¼ of Section 1, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Action: Approved with conditions.
Findings of Fact Date: September 14, 2015
Staff Contact: Allyson Brekke, Associate Planner
EXECUTIVE SUMMARY
Project Summary
The property owner Kimmet Properties, represented by Sanderson Stewart, submitted a
preliminary plat application to further subdivide a 0.946 acre property lot at the northeast corner
of North 7th Avenue and Peach Street. The lot is legally described as Lot 1A of the Shonkwiler
Addition. Two lots, similar in size to each other, are proposed with the subsequent minor
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subdivision creation. One commercial building currently exists on Lot 1A and it is addressed as
606 North 7th Avenue. Surface parking surrounds the building with access points on both North
7th and Peach. The drive access on Peach will remain and will be utilized as a shared drive
access for the two new lots. No additional street or parkland dedication is required for this
subdivision. Additionally, no subdivision or zoning variances are requested with this
application.
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 ............................................................................................................ 1
Unresolved Issues .............................................................. Error! Bookmark not defined.
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ........................ 9
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 6 - STAFF ANALYSIS and findings ............................................................................ 9
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................... 9
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 11
Preliminary Plat Supplements ........................................................................................... 12
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY... Error! Bookmark not
defined.
APPENDIX B – PROJECT DESCRIPTION AND BACKGROUND ........................................ 17
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 18
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APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 18
FISCAL EFFECTS ........................................................................ Error! Bookmark not defined.
ATTACHMENTS .......................................................................... Error! Bookmark not defined.
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SECTION 1 - MAP SERIES
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Figure 1: Shonkwiler Addition Lot 1A Minor Subdivision Amended Plat
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SECTION 2 – REQUESTED VARIANCES
No subdivision or zoning 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 the
staff report. These conditions are specific to the preliminary plat application.
Recommended Conditions of Approval:
Planning
1. A zero lot line agreement must be established and recorded for both lots to allow the proposed trash enclosure to remain located on the proposed property lot line.
2. 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.
3. 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.
4. 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.
5. 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.
Water and Sewer
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6. The proposed water and sewer services for Lot 1-A.2 must be constructed per the City of
Bozeman Design Standards and Specifications Policy and located in the standard
locations as approved by the Water and Sewer Superintendent. The services shall be
constructed or financially guaranteed prior to final plat approval per Uniform Development Code Section 38.39.030.B.1.
Miscellaneous
7. A private utility, existing underground power service, on the southeast corner of Lot 1-
A.2 appears to serve the adjacent property owner. Provide a utility easement over the
existing power service if it is the service for the adjacent property.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
None have been identified at this time.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: Shonkwiler Addition Lot 1A Minor Subdivision Preliminary Plat
File: 15-285
The Development Review Committee (DRC) reviewed the Preliminary Plat application on July 1
and 15, 2015. On July 15 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, found 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.
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.
The advisory boards and City Commission shall 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. 2, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
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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 was properly noticed as required by the Bozeman
UDC. 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 made a final decision on the applicant’s request.
A preliminary plat application was submitted to the Department of Community Development on
June 10, 2015 and was deemed acceptable for initial review on June 17, 2015. The preliminary
plat was reviewed by the DRC on July 1 and 15, 2015. The DRC and Staff determined the
submittal contained detailed and supporting information that is sufficient to allow for the review
of the proposed subdivision on July 15, 2015. All supplemental information under 38.41.060,
BMC was found to be satisfactory.
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August
2, 2015. The site was posted with a public notice on July 31, 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 July 31, 2015. No comment was
received following public noticing.
On August 6, 2015, the subsequent minor subdivision staff report was drafted and forwarded
with a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission. The Commission approved the project 5:0 at their
August 17, 2015 public hearing. A subsequent minor subdivision is subject to the review time of
a major subdivision. The final decision for a Major Subdivision Preliminary Plat was made
within 60 working days of the date it was deemed adequate; or in this case by October 8, 2015.
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 are noted to complete the application
processing as the project proceeds to final plat. Pertinent code provisions and site specific
requirements are included in the staff report.
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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 commercial area according to the City of Bozeman
Community Plan. The property is zoned for commercial development and is within a developed
commercial corridor that has previously undergone subdivision review and approval. Therefore,
this subsequent subdivision will have no adverse effects on agriculture.
2) The effect on Agricultural water user facilities
No agricultural water user facilities were identified on the subject property. The property is
designated as a commercial area according to the City of Bozeman Community Plan. The area is
zoned for commercial development, has previously undergone subdivision review and approval,
and has already been partially 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. No
additional water and sewer mains are required to service the proposed subdivision. 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.
Minimal impacts on local services are anticipated with this subdivision.
Streets – The DRC has determined that the adjacent streets have capacity to accommodate this
development. Adequate additional Peach Street right-of-way is shown on the preliminary plat.
Following any new water and service line installations to accommodate the new
lots/development, all street improvements will be constructed to acceptable City standards
including curb, gutter, pavement, boulevard sidewalks and storm water facilities.
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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.
Parkland – Additional parkland is not required with this commercial subdivision.
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.
5) The effect on Wildlife and wildlife habitat
The further subdivision of the existing commercial lot will have little to no impacts on wildlife
and wildlife habitat. 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 were noted throughout the 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 October 24, 2014.
Waivers were inadvertently not requested by the applicant from Section 38.41.060 “Additional
Subdivision Preliminary Plat Supplements” with the pre-application plan review application.
Therefore, the preliminary plat included supplemental information under 38.41.060, BMC
including: 1) surface water, 2) floodplains, 3) groundwater, 4) geology-soils-slopes, 5)
vegetation, 6) wildlife, 7) historical features, 8) agriculture, 9) agricultural water user facilities,
10) water and sewer, 11) stormwater management, 12) street, roads and alleys, 13) utilities, 14)
educational facilities, 15) land use, 16) parks and recreation facilities 17) neighborhood center,
18) lighting plan, 19) miscellaneous, and 20) affordable housing. Staff offers the following
summary comments on the supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
There are no areas of surface water within the subdivision. The nearest surface water is
approximately 400 feet from the property, as shown on Map A in the application materials.
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38.41.060.A.2 Floodplains
There are no floodway or flood plain areas within 2,000 horizontal feet of the subdivision, as
shown on Map B in the application materials.
38.41.060.A.3 Groundwater
Groundwater is estimated at 4 to 5 feet. Map C in the application materials shows depth to
groundwater in and around the vicinity of the site.
38.41.060.A.4 Geology, Soils and Slopes
See Map D in the application materials for local soils conditions. There is one soil type within
the proposed property boundary – Soil Unit Symbol 50B, Blackdog Silt Loam.
38.41.060.A.5 Vegetation
See Map E in the application materials shows the existing vegetation. Due to previous site
development, vegetation on the site is urban in nature.
38.41.060.A.6 Wildlife
Due to the urban environment and small size of the site, no wildlife is noted on the site.
38.41.060.A.7 Historical Features
The State Historical Society indicated there to be no known cultural properties within the subject
area.
38.41.060.A.8 Agriculture
Due to previous development, there is no agricultural use on the site. See Map H in the
application materials.
38.41.060.A.9 Agricultural Water User Facilities
Due to previous development and the urban nature of the site, there are no agricultural water user
facilities on the site. Refer to Map H in the application materials.
38.41.060.A.10 Water and Sewer
As shown on the preliminary plat, water and sewer are located within the Peach Street right-of-
way. Services are already provided to the proposed Lot 1-A1. Proposed service lines for the
proposed Lot 1-A2 are shown on the preliminary plat.
38.41.060.A.11 Stormwater Management
A stormwater management plan was provided for the existing building and parking on the
property. It is anticipated that a stormwater management plan will be provided for the proposed
Lot 1-A2 at the time of site plan review for that lot.
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38.41.060.A.12 Streets, Roads and Alleys
No new streets, roads or alleys are proposed with this preliminary plat. The property owner
proposed the dedication of the additional West Peach Street right-of-way with the site plan
development that occurred in coordination with the construction of the existing building on the
property (zoning file no. Z-13056). The 6.5’ public access easement is intended to accommodate
a future turn lane on West Peach Street and the standard City of Bozeman easement was
prepared and recorded on the property. The plat correctly shows the easement location.
38.41.060.A.13 Utilities
Utilities are existing adjacent and within the site. The preliminary plat shows the proposed
utility easements for existing Northwestern Energy utilities located within Lot 1-A2 that serve
Lot 1-A1 and properties to the north.
38.41.060.A.14 Educational Facilities
As this is a commercial subdivision, educational enrollment is not affected.
38.41.060.A.15 Land Use
The two proposed lots comply with the existing zoning designation of B-2.
38.41.060.A.16 Parks and Recreation Facilities
The development is planned for commercial development and therefore, additional parkland is
not required.
38.41.060.A.17 Neighborhood Center Plan
A neighborhood center is not included or required with this subdivision. The subdivision does
not meet the requirements to require a neighborhood center.
38.41.060.A.18 Lighting Plan
Subdivision or street lighting is not required pursuant to Section 38.23.150.B, BMC. No lighting
is being proposed with this subdivision.
38.41.060.A.19 Miscellaneous
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
The Workforce Housing requirements, Article 10.8, BMC, have 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 a preliminary plat application requesting a
second or subsequent minor subdivision from a tract of record (0.946 acres) to create two
lots.
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 Shonkwiler Addition Lot 1A Minor
Subdivision was considered by the City Commission at a public hearing on August 17, 2015
at which time the Department of Community Development Staff reviewed the project and
stated 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. Lauren Waterton from Sanderson Stewart, representing the applicant/property owner,
discussed the design of the subdivision and indicated the applicant’s agreement with the
recommended conditions of approval.
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 commented on the application. After
receiving no public testimony, 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 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 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 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 document and the correction of
any elements not in conformance with the standards of the Chapter including those identified
in Section 4 of this document. The evidence contained in the submittal materials, advisory
body review, the staff report, and this document, justify the conditions imposed on this
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development to ensure that the subsequent development 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 Director of Community
Development for a period of mutually agreed upon time.
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 – 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.
Adopted Growth Policy Designation:
The property is designated as “Community Commercial Mixed Use” in the Bozeman
Community Plan. The Plan indicates that “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.”
APPENDIX B–PROJECT DESCRIPTION AND BACKGROUND
Project Description
The property owner Kimmet Properties, represented by Sanderson Stewart, submitted a
preliminary plat application to further subdivide a 0.946 acre property lot at the northeast corner
of North 7th Avenue and Peach Street. The lot is legally described as Lot 1A of the Shonkwiler
Addition. Two lots, similar in size to each other, are proposed with the subsequent minor
subdivision creation. One commercial building currently exists on Lot 1A and it is addressed as
606 North 7th Avenue. Surface parking surrounds the building with access points on both North
7th and Peach. The drive access on Peach will remain and will be utilized as a shared drive
access for the two new lots. No additional street or parkland dedication is required for this
subdivision. Additionally, no subdivision or zoning variances are requested with this
application.
Project Background
A Site Plan and Certificate of Appropriateness application for the construction of the existing
building on the property was proposed and approved in 2013 (zoning application no. Z-13056 –
Cellular Plus). The site plan proposal at that time was configured in a way to support future
subdivision of the property, which was always the future plan for the property owner.
A subdivision pre-application for the subject property was submitted on September 24, 2014.
The pre-application was reviewed by the Development Review Committee (DRC) on October 15
and 24, 2015 and summary review comments were forwarded to the applicant in preparation of
the preliminary plat application. No waivers for supplemental information under 38.41.060,
BMC were granted.
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A preliminary plat application was submitted on June 10, 2015 and was deemed acceptable for
initial review on June 17, 2015. The preliminary plat was reviewed by the DRC on July 1 and
15, 2015. The DRC and Staff determined the submittal contained detailed and supporting
information that is sufficient to allow for the review of the proposed subdivision on July 15,
2015. All supplemental information under 38.41.060, BMC was found to be satisfactory.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Public notice for this application was placed in the Bozeman Daily Chronicle on Sunday, August
2, 2015. The site was posted with a public notice on July 31, 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 July 31, 2015. No comment was
received on the project.
On August 6, 2015, the subsequent minor subdivision staff report was drafted and forwarded
with a recommendation of conditional approval by the Director of Community Development for
consideration by the City Commission. The Commission approved the project 5:0 at their
August 17, 2015 public hearing. A subsequent minor subdivision is subject to the review time of
a major subdivision. The final decision for a Major Subdivision Preliminary Plat was made
within 60 working days of the date it was deemed adequate; or in this case by October 8, 2015.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Kimmet Properties LLC, 2501 Saint Johns Avenue, Billings, MT 59102
Representative: Sanderson Stewart, 106 E. Babcock Avenue, Bozeman, MT 59715
Findings of Fact Drafted By: Allyson B. Brekke, Associate Planner
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