HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - C3. Bridger Vale Subdivision Findings of Fact and Order
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Brian Krueger, Development Review Manager
SUBJECT: Bridger Vale Subdivision Findings of Fact and Order, Application 17231 MEETING DATE: May 6, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Mayor to sign the Findings of Fact and Order for the
Bridger Vale Preliminary Plat Application 17231.
BACKGROUND: On March 25, 2019, the City Commission held a public hearing on an application for preliminary approval for the Bridger Vale preliminary plat.
The Commission voted 5:0 to approve the application subject to conditions and code provisions
to ensure the final plan would comply with all applicable regulations and all required criteria.
These findings of fact provide a record of the review and Commission action.
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: April 22, 2019
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Return to:
City of Bozeman
City Clerk PO Box 1230 Bozeman MT 59771-1230
Bozeman City Commission Findings of Fact and Order for the Bridger Vale
Subdivision 17231
Public Hearing Date: City Commission, March 25, 2019 at 6:00 pm in the City Commission
Room 121 N. Rouse Avenue, Bozeman, Montana
Project Description: A Preliminary Plat application to allow the subdivision of 6.48 acres into
twenty townhome lots, one commercial lot, one city park lot, one open space lot with an
associated street and alley. The application is associated with a concurrent Preliminary
Planned Unit Development (PUD) application to allow the mixed residential and
commercial development with relaxations to regulations requested for required park
frontage, REMU setbacks, public lands irrigation, street design and a request for
concurrent construction.
Project Location: 806 Manley Road. The parcels are legally described Remaining Tract GLR-1
of COS 221, located in the Southwest ¼ of S 31, T01 S, R06 E, P.M.M., Gallatin County,
Montana.
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Recommendation: Approval with conditions and code requirements
Parks Plan Recommended Motion: Having reviewed and considered the parks master plan, I
hereby adopt the findings presented in the staff report for application 17321 and move to
approve the parks master plan for the Bridger Vale Subdivision with conditions and
subject to all applicable code provisions.
Project Overall 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 17321 and move to approve the Bridger Vale
subdivision with conditions and subject to all applicable code provisions.
Action Date: March 25, 2019
Staff Contact: Brian Krueger, Development Review Manager
Anna Russell, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
If the PUD and associated relaxations are not approved, then the conditions and findings of this
report will need to be modified. The analysis summarized in this report assumed approval of the
requested relaxations. Staff has recommended approval of the PUD and associated relaxations.
Project Summary
The property owner and applicant made application to develop the vacant property directly north
and adjacent to the East Gallatin Recreation Area (EGRA), accessed from Manley Road. The
development proposes a townhouse development with a future commercial building lot. The
proposal includes four townhouse clusters including four dwelling units each and two, two unit
townhouses. The application includes a major subdivision of one parcel into twenty single
household townhouse lots, one commercial lot, one common open space lot, one City Park lot
with an associated street and alley
The subject property is recently annexed to the City and is zoned Residential Emphasis Mixed
Use District and Public Lands and Institutions. Environmental concerns related to the project’s
proximity to the City’s almost closed East Gallatin Landfill have been addressed through the
imposition of institutional controls. This subdivision proposes to meet its affordable housing
requirement through cash in lieu instead of construction of housing. This is an allowed
alternative. The subdivision provides a mix of uses in compliance with REMU zoning. The
additional park area and publicly accessible open space provides the required neighborhood
center.
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The Development Review Committee (DRC) has reviewed the application. Based on its
evaluation of the application against the criteria, the DRC found the application adequate for
continued review on February 6, 2019.
The Planning Board reviewed the application on March 5, 2019. The Planning Board is the
advisory body to the City Commission on this subdivision application. The Planning Board
recommended approval of the project with the conditions and code provisions outlined in this
staff report.
The Recreation and Parks Advisory Board Subdivision Committee reviewed the application on
March 8, 2019 and recommended approval of the applicant’s parks plan with a condition to add a
dog waste station.
The Community Affordable Housing Board reviewed the application on March 13, 2019 and
recommended approval of the applicant’s proposal to utilize cash in lieu (CIL) of affordable
housing in order to meet code requirements. The Board recommended that the CIL fee be paid at
the time of building permit issuance and that if the building permits are phased the CIL fee will
be adjusted over time if there is a rate change.
The public hearing date for the City Commission was March 25, 2019. The hearing was held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm. No public comment was received.
The City Commission met to consider the application for a preliminary plat to allow the
subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one
open space lot with an associated street and alley.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The Commission also considered and approved the parks master plan 5:0 for the project.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date 3/25/19:
https://www.bozeman.net/services/city-tv-and-streaming-audio.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. The Development Review
Committee (DRC) deemed the application adequate for continued review on February 6, 2019.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by April 18, 2019, unless there is a written extension from the
developer, not to exceed one year.
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Conditions were revised for clarity and consistency with prior decisions between Planning Board
and City Commission. Revised conditions are shown with an asterisk (*).
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2 –VARIANCES ......................................................................................................... 12
SECTION 3 - CONDITIONS OF APPROVAL ........................................................................... 12
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 15
SECTION 5 - RECOMMENDATIONS AND ACTIONS ........................................................... 17
SECTION 6 - ANALYSIS AND FINDINGS .............................................................................. 18
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 18
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 21
Preliminary Plat Supplements ........................................................................................... 26
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 29
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 32
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 32
APPENDIX C – PROJECT BACKGROUND ............................................................................. 33
APPENDIX D - OWNER INFORMATION ................................................................................ 34
FISCAL EFFECTS ....................................................................................................................... 34
ATTACHMENTS ......................................................................................................................... 34
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SECTION 1 - MAP SERIES
Zoning classifications
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Growth policy designation
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Current land use
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City Commission Approved Parks Master Plan for EGRA October 2017
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SECTION 2 –VARIANCES
There are no variances requested with this subdivision application. The concurrent Planned Unit Development (PUD) requests the following relaxations through the PUD
1. BMC 38.320.040 Table of Form and Intensity Standards REMU to allow Townhouse
clusters to exceed the maximum front setback of 15 feet.
2. BMC 38.420.060.A to not provide the minimum park street frontage. The application
proposes no street frontage for the city park lot. 3. BMC 38.420.060.A.2.b or c the application proposes to not meet the requirements to mitigate for reduced park street frontage.
4. BMC 38.400.050.A.1 the proposed primary access street, Bridger Vale Drive is requested
to be constructed as a non-standard street section.
5. BMC 38.550.070 Landscaping of public lands. The application requests to not irrigate parkland, open space or other public lands landscaping with a well. The property’s groundwater is impacted by VOC’s and the environmental consultants recommend
against using ground water for irrigation.
The relaxations may be granted with a PUD. No action will be taken on these requested
relaxations as part of the subdivision review. This review assumes that the requested relaxations have been approved. If that is not correct, then additional analysis will be required. Condition 8 requires a notice to purchasers to inform them of the unusual development standards in this
development. This will avoid confusion, purchase under misapprehensions, and future conflicts
between owners and the City. As the plat requires approval of the PUD in order to conform to all
regulations, condition 3 establishes the sequence of approvals needed to enable approval of a final plat. SECTION 3 - 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. Additional conditions
may apply to the planned unit development being processed concurrently.
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 must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentation, Certificates of Survey, and Final Subdivision Plats
(24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and must be accompanied by all
required documents, including certification from the City Engineer that record drawings for
public improvements were received, a platting certificate, and all required and corrected certificates.
3. The final planned unit development plan must be submitted, reviewed, and approved prior to
the approval of the final plat.
4. The final plat must contain the following notation on the conditions of approval sheet in the
final plat: “Ownership of all open space lots, areas and trails, and responsibility of
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maintenance thereof and for city assessments levied on the open space lands shall be that of
the property owners’ association. Maintenance responsibility must include, in addition to the
open space and trails, all vegetative ground cover, boulevard trees and irrigation systems in
the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks, greenway corridors or other common open space areas. All areas
within the subdivision that are designated herein as open space including sidewalks and trails
are for the use and enjoyment by residents of the development and the general public. The
property owners’ association must be responsible for levying annual assessments to provide
for the maintenance, repair, and upkeep of all open space lots, areas and trails.
5. Concurrent with the recording the final plat for the subdivision the subdivider must transfer
ownership of all common open space areas within each phase to the property owners’
association created by the subdivider to maintain all open space areas within the Bridger Vale
Subdivision.
6. Documentation of compliance with the parkland dedication requirements of Section 38.420, BMC must be provided with the final plat. A table showing the parkland requirements for the
subdivision and the method of meeting the parkland dedication must be included on the final
plat conditions of approval sheet. The table shall explicitly state how much parkland credit
was allocated for each lot within this phase. This table shall include but not be limited to
listing all dedicated parkland requirements, parkland or parkland credits and areas not credited towards parkland (i.e., detention/retention areas, watercourse setbacks, wetlands,
common open space, parking facilities) and the total area of each.
7. The final plat must provide all necessary utility easements and they must be described,
dimensioned and shown on each subdivision block of the final plat in their true and correct
location.
8. * A notice prepared by the City shall be filed concurrently with the final plat so that it will
appear on title reports. It shall read substantially as follows: Lots within the Bridger Vale
Subdivision are subject to specific design standards, unique building setbacks from property
lines, and restrictions on use. These standards may be found in [insert correct reference to
design standard location]. Lot owners are advised that these are a result of the planned unit development relaxation and are specific to the Bridger Vale Subdivision and the customized
standards are in place of the general development standards of the City of Bozeman Zoning.
If a revised development standard is not specifically established in the Bridger Vale approval
documents the general standards of the City apply. The City’s general standards may be
revised over time. Modification of the special standards would require an amendment to the Bridger Vale Planned Unit Development. Modifications are strongly discouraged. It is the
obligation of the lot owner to be fully informed as to these standards before beginning any
home or site design process. Approval by the design review entity established in the
covenants of the development does not bind the City of Bozeman to approve a construction
plan.
9. The property owners’ association documents must include a listing of the Environmental Site
Assessments conducted for this property, a summary of the findings of each report and a
contact/location wherein the documents may be viewed.
10. * The declaration of covenants, conditions, and restrictions must contain provisions
referencing the identified and potential environmental hazards on the property and the
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required mitigation for the townhomes and the commercial building(s) and all other
requirements of the recorded Institutional Controls. Said covenants must run with the land,
bind all holders, owners, lessees, occupiers, and purchasers of the property, and must be
included in all deeds, leases, and other instruments of conveyance of the property. No modifications to the covenants are allowed without prior written consent of the City.
11. * The final plat must contain a note on the conditions of approval sheet of the plat advising
current and future property owners of the identified and potential environmental hazards on
the property as provided for in the Institutional Controls. Said plat note must reference the
Environmental Site Assessments by project number and the associated declaration of covenants conditions, and restrictions including all Institutional Controls.
12. * Per the annexation agreement for this parcel, the final plat must contain a note on the
conditions of approval sheet of the plat that states “Any future structures must be built slab-
on-grade and have a sub-slab vapor mitigation system or equivalent designed and certified by
a professional engineer and certified to installation per design by a professional engineer to mitigate any environmental concerns from groundwater, soil, or soil vapor contamination.”
13. * The city accepts maintenance responsibility for Bridger Vale Drive, except for the
landscaping and stormwater facilities in the median which shall be the responsibility of the
property owners’ association.
14. An encroachment permit must be obtained for the landscaping and stormwater facilities in Bridger Vale Drive.
15. All stormwater facilities not on property dedicated to the City of Bozeman require public
utility easements for storm water facility maintenance.
16. * The declaration of covenants, conditions, and restrictions related to all required
Institutional Controls must list the City and the Montana Department of Environmental Quality as intended beneficiaries, entitled to enforce the covenants related to the identified
and potential environmental hazards and remediation on the property.
17. Due to the depth to groundwater at this location, no crawl spaces or basements will be
allowed. The applicant must include a note on the plat that no crawl spaces or basements are
allowed in this subdivision.
18. The alley must have curbing on both sides. A drop curb on the south side will be allowed while
a standard 6” by 6” curb is required on the north side.
19. The applicant must include a note on the conditions of approval sheet of the plat that states
that maintenance of all stormwater facilities is the responsibility of the property owners’
association.
20. The applicant must coordinate with the City and the owners of the Park to the south to design
and improve the transition from a paved road to existing road surface prior to final plat
approval.
21. A construction management plan must be submitted with the infrastructure plans and the
final plat application that maintains access to park at all times during construction.
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22. A fire hydrant flow test performed within the last 12 months must be used for Water and
Sewer Design Report. This updated data can be submitted with the infrastructure plan
review.
23. The extension of the sewer system must be designed and constructed as to allow for the future construction of Manley Road. Manholes may not be placed within vehicle wheel paths.
24. A dog waste station acceptable to the city parks department must be added to the parks master
plan for the city park lot.
25. The CIL of affordable housing fee must be paid at the time of building permit issuance.
26. If the building permits are issued over time the CIL amount due will be adjusted based on the currently adopted rates at the time of permit issuance.
27. * A notice must be filed concurrently with the final plat requiring that all development on the
property must comply with the recorded Declaration of Institutional Controls for the Bridger
Vale Annexation (Document #2634483 in the records of the Gallatin County Clerk and
Recorder).
28. * No wells for potable or irrigation use are permitted within the boundaries of the Bridger Vale
subdivision.
29. * The applicant must execute at the Gallatin County Clerk & Recorder's Office in
conjunction with the final plat, a waiver of right-to-protest creation of a City-wide special
district for parks and trails, which would provide a mechanism for the fair and equitable
assessment of costs for City parks and trails.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat.
1. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be
finalized and recorded with the final plat. The POA documents must include the requirements of Section 38.220.300 and 320. A common area and facility maintenance plan is not
included. A common area and facility maintenance guarantee is not included. A guarantee for
open space preservation is not provided. A final weed control plan must be provided.
2. BMC 38.240.450 requires a certificate of completion of improvements. Certificate must specifically list all installed improvements and financially guaranteed improvements.
3. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements. These will include landscaping in stormwater open space lot.
4. BMC 38.550.070. In accordance with the requirements of this section, installation by the developer of vegetative ground cover, boulevard trees, and irrigation system in the public right-of-way boulevard strips and in and adjacent to public parks or other open space areas is
required prior to final plat approval.
5. BMC 38.410.120 Mail Delivery. A cluster mail box location approved by the United States
Post Office must be identified with the final plat application and infrastructure plans.
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6. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land,
personal property, improvements and water rights; documents required.
a. (1) For the transfer of real property in satisfaction of required or offered dedications
to the city, and required or offered donations or grants to the property owners' association (POA), the subdivider or owner of the property must 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 or the POA.
b. (2) For the transfer of personal property installed upon dedicated parkland or city-
owned open space, or POA-owned parkland or open space, the subdivider must 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 to the city or the POA.
c. (3) The subdivider or owner of the property must record the deed or instrument
transferring ownership or interests at the time of recording of the final plat with the original of such deed or instrument returned to the city or POA as applicable.
d. (4) For the transfer of ownership interest in water, the subdivider or owner of the
property must submit with the application for final plat a deed or other instrument
acceptable to the city attorney transferring ownership to the city or POA, along with
all required state department of natural resources and conservation documentation, certification and authorization.
7. BMC 38.240.530 When irrigation of public facilities are to be installed prior to final plat
approval, the final plat of the subdivision must contain a certificate of completion of water-
related improvements. The certificate must list all completed and accepted improvements,
including but not limited to all irrigation system record drawings. The subdivision proposes irrigation of public facilities including parkland and public access open space. This certificate
must be provided on the final plat. Irrigation by a well is prohibited by Condition of
Approval 28. Therefore, and alternate means of irrigation must be provided.
8. 38.400.060.B.4 BMC requires all arterial and collector streets and intersections with arterial
and collector streets to operate at a minimum level of service "C" unless specifically exempted by this section which allows an exception to the LOS standard if:
a. Granting a waiver would not be contrary to the public health and safety and is in the
public interest;
i. As the intersection level of service operates at a LOS “D” in the AM peak-
hour condition primarily due to left turn traffic from Manley onto Griffin and traffic generated by this project will impact the intersection LOS primarily in
the PM peak hour condition as traffic leaves the project, the public health and
safety are protected.
b. Improvements to the intersection LOS are within the next three years of the City’s
capital improvement plan (CIP);
i. The CIP lists this intersection for construction of improvements within three
years.
c. All right-of-way necessary for the intersection improvements are obtained;
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i. The City has verified that all right of way is in public control.
d. The Commission has approved a financing plan;
i. The financing is provided through the City’s Impact Fee Program and the
applicant must verify if a local share is required for this intersection other than what is planned in the City’s Arterial and Collector District Fund.
ii.
9. BMC 38.410.130 Prior to a final approval of all development reviewed as a site plan,
conditional use permit, planned unit development, or subdivision and prior to an annexation
of any land, one of the following must occur: Payment must be made to the city of a payment-in-lieu of water rights, calculated based on the annual demand for volume of water
the development will require multiplied by the most current annual unit price. The applicant
must pay CIL of water rights due prior to final plat approval.
10. BMC 38.41.070.A.1 At least 10-feet of separation must be maintained between trees or other
significant landscaping features and water and sewer services.
11. BMC 38.220.300 and 310 and BMC 38.410.080.D The Bridger Vale Property Owners’ Association (POA) documents must incorporate the stormwater maintenance plan and clearly
state the property owners’ association responsibility for stormwater maintenance for all
stormwater facilities.
12. BMC 38.410.080. The applicant is proposing stormwater facilities in locations known to have a high groundwater table. The Stormwater Division recommends that the Engineer confirm that groundwater will not impact the function or maintenance of the facilities by
completing a geotechnical analysis and seasonal high groundwater study.
13. BMC 38.270. Plans and Specifications for water and sewer main extensions, streets, and
storm water improvements, prepared and signed by a professional engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality.
The applicant shall also provide professional engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted.
Building permits will not be issued prior to City acceptance of the infrastructure
improvements unless all provisions set forth in Section 38.270.030.D of the Bozeman
Municipal Code are met to allow for concurrent construction. The applicant must complete
construction of off-site sanitary sewer upgrades prior to obtaining a building permit.
SECTION 5 - RECOMMENDATIONS AND ACTIONS
The DRC determined that the application is adequate for continued review and recommended
approval with conditions on February 6, 2019.
The Recreation and Parks Advisory Board Subdivision Committee reviewed the application on
March 8, 2019 and recommended approval of the applicant’s parks plan with a condition to add a
dog waste station.
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The Community Affordable Housing Board reviewed the application on March 13, 2019 and
recommended approval of the applicant’s proposal to utilize cash in lieu of affordable housing in
order to meet code requirements.
The Planning Board conducted a public hearing on March 5, 2019, for the subdivision
application and made a recommendation for conditional approval to the City Commission. Board
minutes and recommendations are attached to this report.
The public hearing date for the City Commission was March 25, 2019. The hearing was held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm. The City Commission
The Bozeman City Commission met to consider the application for a preliminary plat to allow
the subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot,
one open space lot with an associated street and alley.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The Commission also considered and approved the parks master plan 5:0 for the project.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date 3/25/19:
https://www.bozeman.net/services/city-tv-and-streaming-audio.
SECTION 6 - 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 38.240.130.A.5.b, 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 of approval 2, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code. A conditions of approval
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sheet must be included and updated with the required notations can be added as required by
conditions or code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. 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. Sections 3 and 4 of this report identify
conditions and code corrections necessary to meet all regulatory standards. Staff recommends
conditions no. 2-6, 8, and code requirements 1-3 and 5-7 to address necessary documentation and
compliance with adopted standards. Therefore, upon satisfaction of all conditions and code
corrections the subdivision will comply with the local subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application was received on May 5, 2017 and was deemed inadequate for further review on
May 10, 2017 as the property was not annexed into the City. The City denied the annexation of
the property into the city on October 23, 2017. The City notified the applicant again that the project
was inadequate for further review on October 25, 2017 due to the property not being annexed and
under the jurisdiction of the City. The City Commission approved the annexation of the property
into the City on February 5, 2018. The applicant requested that the City review the application
following the annexation proceedings, but did not update the application materials. The City
deemed the application unacceptable for review on March 21, 2018 as the application did not meet
the submittal requirements. Revised application materials were received on June 22, 2018. The
City deemed the application acceptable for initial review on June 29, 2018. The City reviewed the
application through the Development Review Committee and on July 23, 2018 the application was
deemed inadequate for review. Revised materials were received on October 9, 2018 and the City
deemed the revised materials acceptable for review. The Development Review Committee
reviewed the application materials and deemed the application inadequate for review on November
1, 2018. The application was reviewed and found inadequate for further review on November 18,
2017. Revised materials were submitted on January 9, 2019. The Development Review Committee
reviewed the application and it was found adequate for continued review on February 6, 2019. The
application was found adequate for review on February 6, 2019. Public hearings were scheduled
for March 5, 2019 and March 25, 2019.
The hearings before the Planning Board and 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 Planning Board must
forward a recommendation in a report to the City Commission who will make the final decision
on the applicant’s request.
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The Planning Board conducted a public hearing and reviewed the application on March 5, 2019.
The Planning Board is the advisory body to the City Commission on this subdivision application.
The Planning Board recommended approval of the project with the conditions and code provisions
outlined in this staff report. No public comment was presented at the public hearing.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city
commission shall approve, conditionally approve or deny the subdivision application by April 18,
2019, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was given as described in Appendix C and no comment was
received as of the issuance of the City Commission staff report.
On February 27, 2019 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval to the Planning Board. Planning Board made a favorable
recommendation on March 5, 2019.
The public hearing date for the City Commission was March 25, 2019. The hearing was held in
the City Commission chamber, 121 N Rouse Avenue at 6 pm.
The City Commission met to consider the application for a preliminary plat to allow the
subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one
open space lot with an associated street and alley.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented, they
made individual findings and voted 5:0 to approve the motion to approve the application. The
Commission agreed that the application met the criteria established by the Bozeman Municipal
Code. Therefore, the application was approved with conditions and applicable code provisions
outlined in these findings.
The Commission also considered and approved the parks master plan 5:0 for the project.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date 3/25/19:
https://www.bozeman.net/services/city-tv-and-streaming-audio.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for City Commission
consideration in Sections 3 and 4.
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5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 7 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways.
Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be
granted with the final plat in accordance with standards
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
The final plat will provide legal and physical access to each parcel within the subdivision. Manley
Road frontage is proposed to be dedicated with this plat to a collector standard. Manley Road
provides access to the proposed Bridger Vale Drive to be dedicated as a public street. All of the
proposed lots have frontage to Bridger Vale Drive, a public street proposed required to be
constructed to a higher standard than the local street section in City standards. A PUD relaxation
is requested to allow the alternative street section. Physical access to each lot is proposed via a city
alley located to the rear of the commercial and townhome lots. The final plat musts contain a
statement requiring lot accesses to be built to the standards contained in this section, the city design
standards and specifications policy, and the city modifications to state public works standard
specifications unless modified through the approval of the PUD. The City accepts maintenance
responsibility for Bridger Vale Drive excepting the landscaping and stormwater facilities in the
median as the street exceeds local street standards and will be used by the broader community to
access the EGRA. Condition of approval 13 is related to this issue.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The subject property is designated as a residential
mixed use and open space area according to the City of Bozeman Community Plan. The area is
zoned for mixed use development. The site is currently use for grazing during the summer
months. The forage quality is low and the site is bifurcated by the primary access road to the East
Gallatin Recreation Area (EGRA).
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are on
the site. There is an existing ditch on the west side of the lot that passes under the drive approach
to the EGRA. The ditch is the outlet to Glen Lake and conveys water to the East Gallatin River.
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3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of way, of
Manley Road, Turtle Way and Gallatin Park Drive. The subdivider proposes to extend water and
sewer mains to the commercial and townhome lots within Bridger Vale Drive and within the
alleyway. In order to meet water system requirements a water main loop must be constructed to
connect to a water main in Turtle Way. The existing water system and downstream sanitary
sewer mains have adequate capacity to serve the subdivision. Transfer of water rights or cash in
lieu of water rights must be provided per code provision in order to provide a long term water
supply for the project.
Streets – The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat layout extends Bridger Vale Drive from Manley Road to the
EGRA. The street is proposed to exceed local street standards through a PUD relaxation. Bridger
Vale Drive includes two separated travel lanes, parking on both sides of the street and a
stormwater treatment bioswale in a median separating the travel lanes. City standards sidewalks
are provided on both sides of the street. The City accepts maintenance responsibility for Bridger
Vale Drive excepting the landscaping and stormwater facilities in the median as the street
exceeds local street standards and will be used by the broader community to access the EGRA.
Condition of approval 13 is related to this issue. The certificate of dedication for the final plat
will list specific duties for maintenance.
Manley Road right of way is proposed to be dedicated with this plat to provide a full collector
standard along the frontage. The Manley Road frontage is required to be improved with this
project. A special improvement district is in process for the street, stormwater and pedestrian
and lighting improvements to Manley Road from Griffin Drive north to the city limits north of
this project site. The intersection of Manley Road and Griffin Drive operates under a level of
service allowed by the code. The applicant requests a waiver to the requirement to upgrade the
intersection as allowed by the code. The Director of Public Works will issue a waiver as the
waiver criteria have been met. The improvement to Griffin Drive and the intersection are in the
approved City Capital Improvement Plan for year 2020 for the intersection and 2021 for the
street improvement to Griffin Drive between N. 7th Avenue and Rouse Avenue. An alley
provides access to the commercial and townhouse lots.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities.
Conditions of approval 18-21, 24, and 25 are related to these findings.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. A bioswale is proposed in the landscape median of Bridger Vale Drive. A
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detention pond is proposed on the west side of the open space. Inspection of installed facilities
prior to final plat will verify that standards have been met. Maintenance of the storm water
facilities is an obligation of the property owners’ association. This responsibility is addressed in
the covenants proposed with the subdivision. Conditions 4, 5, 14, 15, 19 ensures this will be
satisfied according to standards with the final plat.
Parklands - The proposal meets the required park dedication and improvement standards if
relaxations are granted through the PUD. The Recreation and Parks Advisory Board will review
the park master plan and the location and scope of improvements. A final park plan will be
completed and approved with the final plat. The proposed park plan includes dedication of land
with improvements to meet the obligation. The City Commission has approved a park master
plan for the EGRA. Improvements proposed are in conformance to that plan. Plans and
specification review by the Park Department will occur before installation of any work.
Conditions of approval 4, 6 and 20 are related to this issue.
BMC 38.42.090 authorizes the City to require waivers of right to protest creation of park
maintenance districts. The new development will create two new parks and open spaces with
public access with associated maintenance requirements. The residents will also be able to use
other public parks throughout the City. A park maintenance special district facilitates
maintenance in a manner that is proportionate to demand. The state recently changed the laws
regarding creation of special districts. A waiver recorded with the final plat will ensure that the
waiver is correctly drafted to meet state law requirements. Condition of approval 29 is related to
this issue.
4) The effect on the Natural environment
The subdivision will not significantly impact the natural environment. Manmade wetlands exist
as part of a ditch along the west property boundary. The ditch is the outfall of Glen Lake to the
south. A buffer is proposed from the wetlands associated with the outfall of Glenn Lake to
protect their function. The proposed buffer to the Glen Lake outflow and associated wetlands
exceeds code standards. An Army Corps of Engineers 404 permit is required to expand the
access crossing of this ditch to construct Bridger Vale Drive at a width larger than the current
crossing as the ditch flows into the East Gallatin River, a water of the United States under the
jurisdiction of the Army Corps.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application requests, through a PUD relaxation, to not
irrigate parkland, open space or other public lands landscaping with a well. Very low levels of
vinyl chloride have been detected within the subdivision. Therefore, the environmental
consultants recommend against using ground water for irrigation. Institutional Controls are
established to address the presence of the vinyl chloride. Condition 29 prohibits the use of wells
for irrigation or potable use.
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The site is in an area of high groundwater, which may negatively impact future homes or cause
illicit discharges into the sanitary sewer and over burden the surface drainage system. Condition
16 prohibits use of basements or crawl spaces and requires addition of a notation of this
restriction on the condition of approvals sheet. This requirement will protect both individual
home owners from future hazards of flooding and lessen burden on the public from illicit
discharges.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The site has been
substantially impacted by grazing, which has reduced wildlife habitat. There are no known
endangered or threatened species on the property. Birds, waterfowl, and other small animals
utilize the overflow from Glen Lake. The wetlands and ditch will have a thirty foot buffer and
will not be significantly impacted. Comment from state Montana Fish Wildlife and Parks found
no immediate negative effects.
6) The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact 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 with conditions and code provisions. Any other conditions deemed
necessary to ensure compliance have been noted throughout this staff report. Condition of
approval 1 requires full compliance with all applicable code requirements.
To the east of the site exists the East Gallatin Landfill (EGL) which is designated by the
Montana DEQ as a low-level Montana Comprehensive Cleanup and Responsibility Act
(CECRA). The EGL accepted solid waste between 1962 and 1970 and is therefore approaching
50 years since it last accepted refuse. The Montana DEQ regulates cleanup of the site and the
City has implemented a program for updating its monitoring of groundwater and soil vapor. In a
recent study conducted by the Applicant in 2015, Volatile Organic Compounds (VOCs) were
detected in groundwater and soil vapor along the southern and eastern margins of the property at
low levels with one indication of vinyl-chloride which exceeded the human health standard.
Recognizing on-site conditions during discussions with the property owner prior to and at the
time of annexation, city staff recommended and the Commission required the imposition of
numerous institutional controls to protect the health and safety of future residents of the proposed
Bridger Vale development. The institutional controls were recorded as Document 2634483 at the
Gallatin County Clerk and Recorder and a copy is attached to this staff report. The City and/or
Montana Department of Environmental Quality may enforce the institutional controls.
As noted, the City Commission previously reviewed the institutional controls at the time of
annexation. See City Commission packet materials from the December 17, 2018 approval of the
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Bridger Vale Annexation.1 A Term of Annexation (#11) was required to protect future residents
from potential exposure to the identified VOCs, which states: “All lots shall construct a sub-slab
vapor mitigation system to eliminate any environmental concerns.” See condition #12. To protect
public health and safety from any potential groundwater contamination the institutional controls
also prohibit groundwater wells for irrigation. The potable water for the subdivision will be City
water.
In addition to the sub-slab depressuriation systems, slab foundations are required on the lots,
which will prevent potential groundwater damage that might otherwise occur on structures with a
full basement and limit vapor intrusion of soil gases that may contain VOCs. Another condition
of approval requires notice to future property owners. The notice must provide that the owners be
notified of the development’s classification of a PUD, and importantly, a listing of the
environmental site assessments conducted for the property and a summary of the findings of each
report and where the reports may be viewed. The conditions of approval also require a notice in
the POA documents referencing the environmental conditions, and required mitigation along
with a note on the conditions of approval sheet of the plat notifying property owners of the same.
The purpose of noticing is to provide all available information to future residents at the time they
determine to purchase a lot or a townhome.
Another term of annexation required the institutional controls require the developer to establish a
monitoring program that details sampling objectives and design, sampling location and
frequency, sampling methods, testing methods, quality control and data storage to monitor
ground vapor and the vapor mitigation systems. The declaration also allows access to the City
and the Montana Department of Environmental Quality to conduct sampling. Subsequent
requirements must be included in the property owners’ association documents to provide
sufficient financial and technical resources to ensure the sub slab vapor mitigation plan continues
in effect until otherwise agreed to by the City. The annexation agreement and declaration of
institutional controls are attached to this report.
Conditions of approval 8-12 are related to these issues.
Overall, related to possible environmental contamination of the site from the adjacent EGL, the
City Staff has reviewed available data and determined public health and safety can be protected
through several means. At the time of annexation, the Commission required the developer and
future property owners’ association to implement best practices for mitigating impacts through
the imposition of institutional controls. The controls are already of record, run with the land, and
are binding on all current and future owners.. During subdivision review the City must ensure
that during development and platting the already required controls are implemented in the
development process. This occurs through the use of covenants (enforceable by the City),
through noticing to future purchasers, and notes on the face of the plat. Finally, the City
1 Available at http://weblink.bozeman.net/WebLink8/0/doc/169930/Electronic.aspx.
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Engineering Division has contracted with Water & Environmental Technologies to continue to
refine a conceptual site model and determine where additional monitoring data is needed.
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 September 12, 2016.
With the pre-application plan review application, waivers were requested from the materials
required in Section 38.220.060 “Additional Subdivision Preliminary Plat Supplements.” Some
items were not waived and all required material has been addressed.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
This subdivision will not significantly impact surface water. Manmade wetlands exist as part of a
ditch along the west property boundary. The ditch is the outfall of Glen Lake to the south. A
buffer is proposed from the wetlands associated with the outfall of Glenn Lake to protect their
function. The proposed buffer to the Glen Lake outflow and associated wetlands exceeds code
standards. An Army Corps of Engineers 404 permit is required to expand the access crossing of this ditch to construct Bridger Vale Drive at a width larger than the current crossing as the ditch
flows into the East Gallatin River, a water of the United States under the jurisdiction of the Army
Corps.
38.220.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. There are no designated
floodplains on the site.
38.220.060.A.3 Groundwater
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact groundwater. The geotechnical investigation report is included in the application submittal. Groundwater was encountered in all test pit excavations. Groundwater
depth is at 5.8 feet. Condition 16 is proposed to restrict basements and crawl spaces due to high
groundwater. The ground vapors and water is contaminated with volatile organic compounds A
Term of Annexation (#11) has been required to protect future residents from potential exposure
to the identified VOCs, which states: “All lots shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns.” This is condition of approval recommended by the
Development Review Committee for the PUD and preliminary plat. Slab foundations are
proposed on the residential lots which will prevent potential groundwater damage that might
otherwise occur on structures with a full basement.
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BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application requests to not irrigate parkland, open space
or other public lands landscaping with a well through a PUD relaxation. The property’s
groundwater is impacted by VOC’s and the environmental consultants recommend against using ground water for irrigation. Condition of approval 28 prohibits the use of wells for irrigation or
potable use. The City prefers not to use the municipal water supply for irrigation. Therefore, this
relaxation is consistent with the on-site situation and City policy.
38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The site is a majority loam with slopes ranging from 0-4%. There are no hazardous features associated with this soil
type, however it is recommended that a geotechnical engineer certify any foundation design prior
to construction. Additionally, due to high groundwater levels in the area it is advised against
constructing buildings with full or partial basements A condition of approval is recommended to address this issue. There are two small areas of the lot that are classified as sanitary landfill. Soil analysis confirms that the levels of 71 constituent chemical were below the minimum detection
level. In an effort to eliminate the remaining environmental concerns, sub-slab vapor mitigation
systems will be required on all lots. The NRCS soils report for the lot is attached to the
application with a soils analysis. A term of annexation required that the application file a declaration of institution controls for the
Bridger Vale Annexation that requires among other things that the developer establish a
monitoring program that details sampling objectives and design, sampling location and
frequency, sampling methods, testing methods, quality control and data storage to monitor ground vapor, the vapor mitigation systems. The declaration also allows access to the City and the Montana Department of Environmental Quality. Subsequent requirements are included to be
included in the property owners’ association documents to provide sufficient financial and
technical resources to ensure the sub slab vapor mitigation plan continues in effect until
otherwise agreed to by the City. The annexation agreement and declaration of intuitional controls are attached to this report
38.220.060.A.5 Vegetation
This subdivision will not significantly impact vegetation. No substantial native vegetation was
identified. The wetlands and ditch will have a thirty foot buffer that exceeds code standards and
will not be significantly impacted. Comment from state Montana Fish Wildlife and Parks found no immediate negative effects. Wetlands are present along ditch outfall from Glen Lake. Other
than the ditch and wetlands the area has been substantially disturbed by animals and grazing
which has displaced most original plants.
38.220.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. See comments above under Criterion 5.
38.220.060.A.7 Historical Features
No notable features are on the site.
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38.220.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. See discussion above under primary
review criteria.
38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. See discussion
above under primary review criteria.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. See discussion above under primary review criteria. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. Permits from the state for stormwater control will be required prior to any onsite construction.
38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. See discussion above under primary review criteria.
38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. All private utilities servicing the
subdivision will be installed underground. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area.
38.220.060.A.14 Educational Facilities
Required materials are provided. The Bozeman School District has identified that adequate
capacity is available.
38.220.060.A.15 Land Use
The use proposed is mixed use residential which conforms to the future land use designation and
zoning purposes. The property has a future land use designation of the Parks, Open Space, and
Recreational Lands and is zoned REMU, Residential Emphasis Mixed Use and PLI, Public
Lands and Institutions. Table C-16 of the Bozeman Community Plan shows both REMU and PLI zoning as implementing districts of the Parks, Open Space, and Recreational Lands. Although
not in obvious accordance with the growth policy map, the property is in accordance with the
overall intent of the growth policy. The site is privately owned, and thus its current designation
does not create any public right of use to the property. The applicant proposes to set aside a large
portion of the property as park land and open space under PLI zoning and to substantially enhance the EGRA access drive by construction a street with on street parking, lighting, a
landscaped median and pedestrian sidewalks.
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38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
Provided by the existing and expanded EGRA including the new parkland and publicly accessible open space provided by this development.
38.220.060.A.18 Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) will be
created prior to final plat application.
38.220.060.A.19 Miscellaneous
The proposed subdivision will improve the access to public lands. Currently the project serves as an access to EGRA as stated in Section Q. The proposed subdivision will improve the access
road to the EGRA, additionally it will promote connectivity adjacent developments and the
EGRA. Paved trails through the open space and park in the subdivision will connect the EGRA
to the neighboring developments. Potential hazards in the subdivision are levels of chemicals in
the groundwater vapor in the site. While not at hazardous levels volatile organic compounds in the vapor of some groundwater are above the minimum detection levels. In an effort to alleviate
the risk, sub slab vapor mitigation systems are required on all proposed structures. The proposed
subdivision is outside of the Wildland Urban Interface (WUI). Fire hydrants located within the
subdivision will mitigate the risk of fire spreading past the WUI.
38.220.060.A.20 Affordable Housing
The subdivision application proposes to meet the requirements for price controlled affordable
housing set by BMC 38.380, by payment of cash in lieu. This is an allowed alternative for
compliance. The applicant proposes to make necessary payments with each building permit of
the development. This is acceptable. See the attached memo form the Affordable Housing Manager for current data.
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.
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.
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C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on March 25, 2019 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized changes to the
conditions of approval, and summarized the public comment submitted to the City prior
to the public hearing.
D. The applicant, Bridger Vale, LLC, acknowledged understanding and agreement with the
recommended conditions of approval, code provisions including the changes to the
conditions of approval.
E. The City Commission requested public comment at the public hearing on March 25, 2019
and no members of the public offered testimony for on the subdivision.
F. 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.
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 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.
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 single phased major subdivision shall be effective for two (2)
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 6th day of April, 2019.
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS Mayor
ATTEST:
_______________________________
ROBIN CROUGH
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 property is zoned REMU, Residential Emphasis Mixed
Use and PLI, Public Lands and Institutions.
The intent of the REMU District is to promote 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.
The intent of the PLI district is to provide for major public and quasi-public uses outside of other
districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within
another district, however larger areas will be designated PLI.
Adopted Growth Policy Designation: The property is designated as “Parks, Open Space and
Recreational Lands” in the Bozeman Community Plan. Parks, Open Space, and Recreational
Lands. All publicly owned recreational lands, including parks, are included within this category,
as well as certain private lands. These areas are generally open in character and may or may not
be developed for active recreational purposes. This category includes conservation easements
which may not be open for public use.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet on February 15, 2019, and by legal advertisement publication in the Bozeman Daily
Chronicle on February 17 and 24, 2019. Content of the notice contained all elements required by
Article 38.220., BMC. The public hearing date for the City Commission was March 25, 2019.
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The hearing was held in the City Commission chamber, 121 N Rouse Avenue at 6 pm. No public
comment was received.
The City Commission met to consider the application for a preliminary plat to allow the
subdivision of 6.48 acres into twenty townhome lots, one commercial lot, one city park lot, one
open space lot with an associated street and alley.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The Commission also considered and approved the parks master plan 5:0 for the project.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web page filed under the date 3/25/19:
https://www.bozeman.net/services/city-tv-and-streaming-audio.
APPENDIX C – PROJECT BACKGROUND
The applicant, Bridger Vale, LLC. annexed the 6.49 acres into the City limits and establish initial
zoning of REMU, Residential Emphasis Mixed Use on 4.67 acres of the property and PLI,
Public, Open Space and Recreational Lands on the remaining 1.83 acres. The zoning was
effective on February 7, 2019.
The applicant previously proposed an application for a Growth Policy Map Amendment for the
same property to change the future land use from Parks, Recreation and Open Space to
Residential for the entire tract. The City Commission denied the request following a public
hearing on May 11, 2015.
The site is currently vacant and being used for cattle grazing with the primary access road for the
East Gallatin Recreation Area (EGRA) running through the property. Gallatin Park industrial
subdivision is located across Manley Road from the subject property and contains office, service,
warehousing, accessory apartments, commercial retail services and other mixed industrial uses.
Sunfish Park Minor Subdivision is located to the south and is a 5-lot residential subdivision
located on Turtle Way.
To the east of the site, there is a former landfill that is a low-level Montana Comprehensive
Cleanup and Responsibility Act (CECRA) site and is no longer in operation. Cleanup of the site
is managed by the Montana DEQ. In a recent study conducted in 2015, Volatile Organic
Compounds (VOCs) that are not naturally occurring were detected in groundwater and soil vapor
along the southern and eastern margins of the property at low levels with one indication of vinyl-
chloride which exceeded the human health standard. A Term of Annexation was adopted to
protect future residents from potential exposure to the identified VOCs, which states: “All lots
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shall construct a sub-slab vapor mitigation system to eliminate any environmental concerns.”
Groundwater wells are restricted on this property.
Another term of annexation required that the application file a declaration of institution controls
for the Bridger Vale Annexation that requires among other things that the developer establish a
monitoring program that details sampling objectives and design, sampling location and
frequency, sampling methods, testing methods, quality control and data storage to monitor
ground vapor, the vapor mitigation systems. The declaration also allows access to the City and
the Montana Department of Environmental Quality. Subsequent requirements are included to be
included in the property owners’ association documents to provide sufficient financial and
technical resources to ensure the sub slab vapor mitigation plan continues in effect until
otherwise agreed to by the City. The annexation agreement and declaration of intuitional controls
are attached to this report.
APPENDIX D - OWNER INFORMATION
Owner/Applicant: Bridger Vale LLC, PO Box 930 Manhattan, MT 59741
Representatives: C&H Engineering and Surveying Inc., 1091 Stoneridge Drive, Bozeman, MT
59718
Report By: Brian Krueger, Development Review Manager
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential and commercial
development.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
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