HomeMy WebLinkAbout20- Findings of Fact and Order - Icon at Ferguson Farms Major Subdivision 2002720027, City Commission Findings of Fact Icon at Ferguson Farms Major Subdivision Page 1 of 20
Bozeman City Commission Findings of Fact and Order for the Icon at
Ferguson Farms Major Subdivision 20027
Public Hearing Date:
Planning Board meeting was held on June 2, 2020 at 6:00 pm. Via WebEx.
https://www.bozeman.net/services/city-tv-and-streaming-audio
City Commission meeting was held on June 22, 2020 at 6:00 pm. Via WebEx.
https://www.bozeman.net/services/city-tv-and-streaming-audio
Project Description: A subsequent Major Subdivision to allow the subdivision of 19.86 acres
into two residential lots, two dedicated parkland lots, three open space storm water lots,
and street right-of-way.
Project Location: The property is legally described as Lot 3A of Minor Subdivision 365,
Section 10, Township 2 South, Range 5 East, City of Bozeman, Gallatin County,
Montana
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Planning Board 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 20027 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions.
Commission 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 20027 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: June 22, 2020
Staff Contact: Jacob Miller, Assistant Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application from
Sanderson Stewart on behalf of Bozeman Apartment Group, LLC, requesting a subsequent major
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subdivision of an existing 19.86 acre lot, to create two residential lots, two dedicated parkland
areas, three open space storm water lots and dedicated street right-of-way.
This project is unique in that the subdivision request was made after a Master Site Plan and Site
Plan for the property were reviewed by staff and approved by the Director of Community
Development and while the project was nearly halfway built out. At the time the Master Site
Plan was submitted, staff had recommended subdivision but the applicant felt it wouldn’t be
necessary. While the timeline of this project is generally atypical of a subdivision, it is allowed
by code. The subject property is host to the Icon Apartments and has entitlements from the
approved Master Site Plan and Phase A Site Plan that is nearing completion. Phase B is in the
public comment period. This subdivision is a second or subsequent major subdivision from a
tract of record and does require Planning Board review. State statute requires a public hearing
before a City Commission decision.
On April 27, 2020 the Development Review Committee (DRC) found the application adequate
for continued review and recommends the conditions and code provisions identified in this
report.
Parkland dedication of 1.6 acres, improvements in-lieu and cash in-lieu have been provided with
the associated Master Site Plan.
The subdivider did not request any subdivision or zoning variances with this application.
The Planning Board held a public hearing on the application on June 2, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board 7:0 recommended approval of the project with the conditions and code provisions outlined
in this staff report. No public comment was received. The Planning Board proceedings video
may be viewed here under the date June 2, 2020. 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 April 27, 2020.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by June 27, 2020, unless there is a written extension from the
developer, not to exceed one year.
The City did receive three written public comments on the application as of the writing of this
report. They have been included with the packet materials.
The public hearing date for the City Commission was June 22, 2020. The hearing was held via
WebEx.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 19.86 acres into seven lots: two residential lots, two city parkland lots, and three open space
stormwater lots, and streets and rights of way. No members of the public spoke at the hearing.
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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 City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under June 22, 2020:
https://www.bozeman.net/services/city-tv-and-streaming-audio
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 9
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10
SECTION 7 - FINDINGS OF FACT, ORDER, AND APPEAL PROVISIONS
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 10
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13
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Preliminary Plat Supplements ........................................................................................... 14
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
FISCAL EFFECTS ....................................................................................................................... 20
ATTACHMENTS ......................................................................................................................... 20
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Figure 2 – Current land use
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Exhibit 2 – Community Plan future land use
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Exhibit 3 – Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
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 plat must contain the following notation on the conditions of approval sheet in the final plat: “The responsibility of maintenance for the stormwater facilities, stormwater open space lots, pedestrian open space lots and street frontage landscaping for the perimeter streets must be that of the property owners’ association. Maintenance responsibility must include, all
vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets. The property owners’ association must be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all perimeter street frontage landscaping and stormwater facilities and all open space landscaping.”
4. 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 each phase. This table must 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.
5. 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.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
All references below to the Bozeman Municipal Code (BMC).
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A. BMC 38.410.13 – Water rights. 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.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate for
continued review and recommended approval with conditions on April 27, 2020
The Planning Board held a public hearing on the application on June 2, 2020. The Planning
Board is the advisory body to the City Commission on this subdivision application. The Planning
Board will make a recommendation to the City Commission. The Planning Board recommended
7:0 approval of the project with the conditions and code provisions outlined in this staff report.
No public comments were presented during the hearing. The Planning Board proceedings may be
viewed here under the date June 2, 2020: https://www.bozeman.net/services/city-tv-and-
streaming-audio
The City Commission held a public hearing on this major subdivision preliminary plat on June
22, 2020 at 6 p.m. via WebEx.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 19.86 acres into seven lots: two residential lots, two city parkland lots, and three open space
stormwater lots, and streets and rights of way. No members of the public spoke at the hearing.
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 City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under June 22, 2020:
https://www.bozeman.net/services/city-tv-and-streaming-audio
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
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 No. 2, the final plat
must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal
Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do 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 provisions necessary to meet all municipal
standards. Staff recommends Conditions of approval No. 1 and 2 to address necessary
documentation and compliance with standards. Therefore, upon satisfaction of all conditions and
code corrections the subdivision will comply 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 Bozeman City Commission and Planning Board public hearings were properly noticed in
accordance with the Bozeman Municipal Code. Based on the recommendation of the
Development Review Committee (DRC), the Planning Board, and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request.
The Department of Community Development received a preliminary plat application on January
28, 2020. Staff deemed the application acceptable for initial review in writing on February 5,
2020. The DRC reviewed the preliminary plat application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on March 4, 2020.
A revised application was received on March 25, 2020. The DRC determined the application was
adequate for continued review on April 27, 2020 and recommended conditions of approval and
code corrections for the staff report.
The City scheduled public notice for this application on May 14, 2020 for publication in the legal
advertisements section of the Bozeman Daily Chronicle on Sunday, May 17 and Sunday May 24,
2020. The applicant posted public notice on the subject property on May 17, 2020. The City sent
public notice to physically adjacent landowners via certified mail, and to all other landowners of
record within 200-feet of the subject property via first class mail, on May 14, 2020. One public
comment had been received on this application as of the writing of this report.
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On May 29, 2020 staff completed and forwarded the staff report for this subsequent major
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which was held on June 22, 2020.
On June 22, 2020 the City Commission met to consider the application for a preliminary plat for
the subdivision of 19.86 acres into seven lots: two residential lots, two city parkland lots, and
three open space stormwater lots, and streets and rights of way. No members of the public spoke
at the hearing.
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 City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under June 22, 2020:
https://www.bozeman.net/services/city-tv-and-streaming-audio
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and code
provisions requiring plat corrections as recommended by the DRC for consideration by the City
Commission to complete the application processing for final plat approval. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
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 No. 3, 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 are located within dedicated street right of ways.
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. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
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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 residential
according to the City of Bozeman Community Plan. The area is zoned for residential mixed use
high density development.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – Water and sewer capacity exists to serve the subdivision. Through an approved
Master Site Plan application 17542, the subdivider proposed to extend water and sewer mains
within all local and collector streets within the subdivision. The construction of sanitary sewer
and water infrastructure is currently under way through the Phase A Site Plan. The existing water
system and downstream sanitary sewer mains have adequate capacity to serve the subdivision.
No water rights exist for the subject property. Cash in lieu of water rights is proposed and 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 subdivider recorded access easements for Palisade Drive and Stafford Avenue
through the Master Site Plan application 17542 and proposes to dedicate them as right-of-way
with this subdivision. Several other access easements have been recorded for internal roadways
to serve the development. All streets are proposed to be constructed to city standards and the
City accepts maintenance for all streets. The applicant will construct the widening of West
Babcock from Stafford Rd to Ferguson Street with Phase B of the project.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
This subdivision does not impact the City’ ability to provide emergency services to the property.
Stormwater – The subdivision will construct storm water control facilities to conform to
municipal code. Surface stormwater facilities are proposed on open space lots and within city
parkland. 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. Condition of approval 3 ensures this will be satisfied according to standards with the
final plat.
Parkland – The proposal meets the required park dedication and improvement standards. The
subdivider has dedicated 1.61 acres and provided $126,982 cash-in-lieu of parkland. They have
also provided $475,722.70 in improvements which is substantially more than the required
amount of $320,076.20. The 1.61 acres of dedicated park, called Ferguson Park will be
constructed in two phases, along with the rest of the development. A park public easement has
been recorded with the Master Site Plan application 17542.
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4) The effect on the Natural environment
The subdivision will not significantly impact the natural environment. No changes to the existing
lot configuration or subdivision infrastructure are proposed.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. No changes to the
existing lot configuration or subdivision infrastructure are proposed.
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
DRC reviewed the subsequent major subdivision preliminary plat and determined that it is in
compliance with the title. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed major subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review and provided comments on July 18, 2018. With the pre-application plan review
application, the subdivider requested waivers from BMC 38.220.060 “Additional Subdivision
Preliminary Plat Supplements” for several of the standard preliminary plat supplements.
The DRC granted waivers to the supplemental information under BMC 38.220.060 except for
water and sewer, land use and parks and recreation.
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. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
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38.220.060.A.3 Groundwater
Groundwater will not be impacted. The DRC waived supplemental information. No changes to
the existing lot configuration or subdivision infrastructure are proposed.
38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.220.060.A.5 Vegetation
This subdivision will not significantly impact vegetation. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.7 Historical Features
This subdivision will not significantly impact historic features. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.41.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. The DRC waived supplemental
information. No changes to the existing lot configuration or subdivision infrastructure are
proposed.
38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. The DRC waived
supplemental information. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
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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. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria. No changes to the existing lot configuration or subdivision
infrastructure are proposed.
38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. Street improvements
are currently underway. See discussion above under primary review criteria. No changes to the
existing lot configuration or subdivision infrastructure are proposed.
38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. All private utilities servicing the
subdivision are existing and installed underground. The DRC waived supplemental information.
38.220.060.A.14 Educational Facilities
The applicant has requested comment from the Bozeman School District on capacity for the
development.
38.220.060.A.Land Use
The subdivision will not significantly impact land use. The City of Bozeman Community Plan
designates the subject property as residential and the property’s RO, Residential Office zoning
allows for residential development. Residential uses are planned for the property.
38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
A neighborhood center is provided in the form of a public park within the proposed subdivision.
See discussion above under primary review criteria. DRC waived supplemental information.
38.220.060.A.18 Lighting Plan
A site lighting plan was provided with the approved Master Site Plan, Phase A Site Plan and
Phase B Site Plan. The DRC waived supplemental information.
38.220.060.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. The DRC waived supplemental information.
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38.220.060.A.20 Affordable Housing
The DRC waived supplemental information regarding affordable housing. The units are
proposed as rental units and are not subject to the Affordable Housing Ordinance.
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, 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.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on June 22, 2020 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The applicant, Sanderson Stewart, acknowledged understanding and agreement with the
recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on June 22, 2020
and no members of the public offered testimony 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, 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
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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.
DATED this 15th day of September, 2020
BOZEMAN CITY COMMISSION
____________________________
CYNTHIA L. ANDRUS
Mayor ATTEST
_______________________
MIKE MAAS
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 RO, Residential Office. The intent of the R-O residential-office
district is to provide for and encourage the development of multi-household and apartment
development and compatible professional offices and businesses that would blend well with
adjacent land uses. These purposes are accomplished by: Providing single-household apartment
rentals, in an area with mixed housing types and a commercial node just south of the project. Use
of this zone is appropriate for areas characterized by office or multi-household development;
and/or areas along arterial corridors or transitional areas between residential neighborhoods and
commercial areas.
Adopted Growth Policy Designation:
The subject property is designated as Residential in the Bozeman Community Plan. This
category designates places where the primary activity is urban density dwellings. Other uses
which complement residences are also acceptable such as parks, low intensity home based
occupations, fire stations, churches, and schools. High density residential areas should be
established in close proximity to commercial centers to facilitate the provision of services and
employment opportunities to persons without requiring the use of an automobile. Implementation
of this category by residential zoning should provide for and coordinate intensive residential uses
in proximity to commercial centers.
The dwelling unit density expected within this classification varies between 6 and 32 dwellings
per net acre. A higher density may be considered in some locations and circumstances. A variety
of housing types can be blended to achieve the desired density. Large areas of single type
housing are discouraged. In limited instances the strong presence of constraints and natural
features such as floodplains may cause an area to be designated for development at a lower
density than normally expected within this category. All residential housing should be arranged
with consideration of compatibility with adjacent development, natural constraints such as
watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman
growth policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
The Icon Apartments Master Site Plan and Phase A Site Plan were approved on May 24, 2018,
Phase A is currently under construction. Phase B was granted adequacy on 5/27/2020 and is
currently in the public notice period. The subsequent Preliminary Plat was submitted on January
28, 2020 to subdivide the 19.36 acres of Lot 3A, Minor Subdivision 365 into two lots in order to
phase the construction of the Icon Apartment project. The project consists of 336 apartment
rental units, with right-of-way dedication and access and utility easements. Cash-in-lieu and
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improvements-in-lieu of parkland were approved with the Master Site Plan to go along with the
1.6 acre dedication.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on May 17,
2020 for publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday, May 17 and Sunday May 24, 2020. The applicant posted public notice on the subject
property on Sunday May 17, 2020. The City sent public notice to physically adjacent
landowners via certified mail, and to all other landowners of record within 200-feet of the subject
property via first class mail, on May 14, 2020. Three public comments have were received on
this application as of the writing of this report. No members of the public spoke at the City
Commission public hearing.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Bozeman Apartment Group, LLC, PO Box 11890 Bozeman, MT 59719
Subdivider: Same as owner
Representative: Sanderson Stewart, 1610 Ellis Street, Suite 2B, Bozeman, MT 59715
Report By: Jacob Miller, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials
Public Comment: Available through the Laserfiche archive linked agenda materials
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