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20113, City Commission Findings of Fact and Order for the Northwest
Crossing Phase 1 Major Subdivision
Public Hearing Date: Planning Board January 25, 2021 at 6:00 via WebEx. A WebEx link will
be provided with the Planning Board agenda.
City Commission, February 2, 2021 at 6:00 pm via WebEx. A WebEx link will be
provided with the City Commission agenda.
Project Description: A major subdivision application requesting permission for the subdivision
of 146.21 acres into fifteen (15) developable lots zoned B-2M and REMU, fifteen (15)
restricted development lots, city park, easements, and associated right of way. The site is
located at the northwest intersection of Oak Street and Cottonwood Road.
Project Location: North of Oak Street on the west side of Cottonwood Road, and south of
Baxter Lane. Legally described as Tract 5 of Certificate of Survey No. 2552, Situated in
the NW ¼, Section 4, Township 2 S, Range 5 E of P.M.M., City of Bozeman, Gallatin
County, MT.
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Planning Board 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 20113 and move to recommend approval of the subdivision
with conditions and subject to all applicable code provisions.
Commission 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 20113 and move to approve the subdivision with conditions
and subject to all applicable code provisions.
Report Date: February 18, 2021
Staff Contact: Danielle Garber, Associate Planner
Griffin Nielsen, Project Engineer
Addi Jadin, Parks Planning and Development Manager
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The property owner and applicant made application to develop the vacant property on the west
side of Cottonwood Road, north of Oak Street and near the new Gallatin High School. The
application proposes the subdivision of 146.21 acres into fifteen developable lots (28.37 acres),
fifteen restricted development lots (95.95 acres), city park (16.55 acres), easements, and rights of
way (5.34 acres).
The subject property was annexed to the City on June 25, 2019 and initial zoning was adopted on
July 15, 2019 as Residential Emphasis Mixed Use (REMU), and B-2M (Community Business
District – Mixed). A Master Site Plan application no. 19440, as required by REMU zoning, was
approved by the Director of Community Development on December 22, 2020. The property is
currently unoccupied and has been historically used for agriculture. Two watercourses are
present on the property, running north-south, with associated wetlands.
This subdivision is not required to provide affordable housing as no lots for market rate homes
are proposed. All developable lots within this subdivision will require further development
review and public notice prior to building permit issuance. The master site plan shows an
expected mix of uses in phase 1 with 15-acres of primarily commercial development and the
remaining platted lots to be used for multi-household development. The subdivision provides a
mix of uses in compliance with REMU and B-2M zoning.
The subdivision proposed 16.55 acres of city park lots primarily adjacent to the Baxter Ditch
watercourse. The park, named Homestead Park, is divided into 3 separate park parcels, each
spanning the long central blocks of the development, providing long segments of trail. Park
Parcel 1 meets the intent of Linear Parks within the Parks, Recreation, Open Space and Trails
Plan (PROST), Parcels 2 and 3 meet frontage requirements for dedicated park. A combination of
improvements-in-lieu of Parkland and Land dedication is required with each subsequent phase of
development. The Recreation and Parks Advisory Board has recommended approval of the
subdivision and the parks master plan for the development with recommended conditions of
approval with review of the Master Site Plan on October 27, 2020.
The subdivision proposed an unknown number of phases with 28.37 acres of the development
occurring in phase 1 including two lots for multi-household development and 13 lots for
primarily commercial development. The commercial corner of the subdivision will serve as the
neighborhood center. 15 restricted development lots requiring further subdivision prior to
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development make up the balance of the subdivision and phasing will occur as applications are
received.
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 January 19, 2021.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by March 21, 2021, unless there is a written extension from the
developer, not to exceed one year.
No written public comment has been received.
The public hearing date for the City Commission was February 2, 2021. The hearing was held
virtually via Webex.
The City Commission met to consider the application for a preliminary plat subdivision of
146.21 acres into fifteen developable lots zoned B-2M and REMU, fifteen restricted
development lots, city park, easements, and associated right of way.
Addi Jadin, Parks Planning and Development Manager, presented the Master Park Plan under
this application and the Master Site Plan #19440, previously approved by the Director of
Community Development. Danielle Garber, Associate Planner, presented the preliminary plat
staff report and application.
Following the presentation, questions to staff from the Commissioners were related to including
the watercourse and wetlands within the park boundaries, the floodplain delineation,
groundwater mitigation, potential historic resources, park dedication and cash-in-lieu
requirements, and suggestions for including off-leash areas for dogs within the proposed park.
The Applicant had two representatives at the meeting, Matt Ekstrom with Morrison-Maierle and
Kelley Savage with Norris Design. The representative, Matt Ekstrom, thanked staff for the
complete and accurate staff report for the Subdivision, and stated that the applicant is in
agreement with the staff report and the conditions of approval and code provisions as written.
The applicant expanded on some previous questions related to drain tiles and water management.
Three members of the public spoke at the public hearing. General public comment was focused
on the alteration of natural systems by the historic agricultural uses and future development,
specifically the watercourse, wetlands, climate impacts, and wildlife. Staff provided some
clarifying points related to survey of the wetland and drain tiles.
The Commission moved to approve the Park Master Plan. This motion is located on page 1 of
the City Commission Memorandum provided by the Parks Department and included in the
February 2, 2021 hearing packet. Commissioners voted unanimously 4-0 to approve the adoption
of the Park Master Plan. Discussion included preservation of the watercourse and wetlands, and
the potential inclusion of off-leash facilities for dogs.
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The Commission moved to approve the subdivision with conditions and subject to all applicable
code provisions. The motion is located on page 1 of this report. Commissioners voted
unanimously 4-0 to approve the preliminary plat application. Discussion included the subdivision
review criteria including impacts to agriculture and agricultural water user facilities, the
improvement and extension of infrastructure to serve the development, the park master plan, off-
leash dog park possibilities, and the effect on the environment. Commissioners noted the
inclusion of a commercial node on the west side of town to serve existing and future residents, as
well as High School students. Further discussion was related to providing additional housing
within city limits.
Links to video of the Planning Board meeting and City Commission hearing are provided below
in Section 5.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items. This alternative is
requested if the Commission wishes to amend or add conditions of approval.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 - MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 13
SECTION 3 - CONDITIONS OF APPROVAL ........................................................................... 13
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 17
SECTION 5 - RECOMMENDATIONS AND ACTIONS ........................................................... 21
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 23
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 23
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 25
Preliminary Plat Supplements ........................................................................................... 29
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 33
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 36
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 38
APPENDIX C – PROJECT BACKGROUND ............................................................................. 38
APPENDIX D - OWNER INFORMATION ................................................................................ 39
ATTACHMENTS ......................................................................................................................... 39
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SECTION 1 - MAP SERIES
Figure 1. Zoning classification
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Figure 2. Growth policy designation
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Figure 3. Current land use
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Figure 4. Preliminary Plat
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Figure 5. Preliminary Plat West – Restricted Lots
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Figure 6. Preliminary Plat East – Restricted and Phase 1 Lots
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Figure 7. Preliminary Plat Southeast – Phase 1 Lots Only
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SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application.
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.
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 plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements
were received, a platting certificate, and all required and corrected certificates. The Final
Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable
base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin
on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions
of Approval sheet as the last same sized mylar sheet in the plat set.
3. The applicant shall submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to
direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
4. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not the
subdivider) shall transfer ownership to the property owners’ association of any open space
proposed to be conveyed to the property owners’ association and all its right, title, and
interest in any improvements made to such parkland or open space. For the transfer of real
property, the subdivider or owner of the property shall submit with the application for final
plat a warranty deed or other instrument acceptable to the City Attorney transferring fee
simple ownership to the property owners association and associated realty transfer certificate.
The subdivider or owner of the property must record the deed or instrument at the time of
recording of the final plat. For personal property installed upon open space owned by the
property owners association, the subdivider shall provide an instrument acceptable to the
City Attorney transferring all its rights, title and interest in such improvements including all
applicable warranties to such improvements.
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5. Deeds and Realty transfer certificates must be provided for transfer of any platted tract to the
City or other entity in association with filing of the final plat.
6. The Applicant is required to update the Community Design Framework Master Plan with the
Phase 1 Final Plat Application, and all subdivision applications moving forward to designate
Block Frontages on all perimeter and internal streets.
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. The certificate of dedication on the final plat shall include the specific names of the
streets dedicated to the public for which the City accepts responsibility.
9. Subdivision lighting SILD information shall be submitted to the Clerk of Commission
after Preliminary Plat approval in hard copy and digital form. The final plat application
will not be deemed complete until the resolution to create the SILD has been approved
by the City Commission. The initial adoption of the special improvement lighting district
shall include the entire area of the preliminary plat.
10. The property owners’ association documents created for this subdivision must include
provisions describing the agreed upon method of contribution to the Northwest Crossing
Property Owners’ Association and binding property owners of future phases to
contribute to the maintenance and upkeep of dedicated parks and publicly accessible
open space lands required to be maintained by the Northwest Crossing Property Owners
Association. The provisions in the property owners’ association documents fulfilling this
condition shall be considered required by the City Commission pursuant to Section
38.220.320.A.4, BMC. The City may release the Northwest Crossing Property Owners’
Association from the obligation to maintain parks dedicated to the City at the City’s
discretion.
11. The applicant must submit 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, which must be provided to and approved by the
City Engineer. Water and sewer plans must also be approved by the Montana
Department of Environmental Quality. The applicant must 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 site infrastructure improvements unless all provisions set
forth in Section 38.270.030.C of the Bozeman Municipal Code are met to allow for
concurrent construction.
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12. The applicant must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the
proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.)
must be obtained by the applicant.
13. A well, including equipment and associated permitting, used for public irrigation must
be transferred to the City or POA as applicable. A certificate of water related
improvements is required per Section 38.240.530. Any financially guaranteed water
related improvements agreements must include a warranty of workmanship.
14. All Irrigation wells located within the exterior boundaries of the development shall
include Montana DNRC certificates which shall be provided to the City with the final
plat submittal. Ownership of any well and associated water right within common open
space owned by the property owner’s association shall be transferred to the property
owner’s association in conjunction with the final plat. All wells shall include a meter or
other device to determine consumption.
15. A "1 foot No Access" strip must be placed along the Cottonwood Road frontage of any
lot for which the City’s access separation requirement cannot be fully met. This will be
listed as a condition of approval for future subdivision.
16. A "1 foot No Access" strip must be placed along the Oak Street frontage for any lot
which the City’s access separation requirement cannot be fully met. This will be listed
as a condition of approval for future subdivision.
17. Due to the high groundwater and increased rate of corrosion with in the clay soils all
water mains must have additional cathodic protection. A minimum of V-bio polyrap or
approved equal is required by the City.
18. The required easements for dewatering system must meet the criteria:
a. Be sufficiently sized to allow for the long-term maintenance and operation of the
system. A width of 10 feet is required at all locations with additional width
dedicated as required.
b. Include language restricting the construction of structures within the easement.
c. Be shown on the final plat
19. The applicant must provide a maintenance plan for the dewatering system include the
maintenance plan in the homeowner’s association documents prior to final plat approval.
The plan must include the long term maintenance instructions for the Properties Owner’s
Association.
20. The applicant must add a note to the “General Notes” section of the plat that the
groundwater dewatering system is owned and maintained by the Property Owner’s
Association.
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21. “General Note No. 6” must be revised to state that no basements or crawlspaces may be
constructed within the subdivisions, unless a professional engineer registered in the State
of Montana certifies that the lowest point of any proposed structure is located above the
season high groundwater level and provides supporting groundwater data or certifies that
the structure has been designed in such a way to accommodate the seasonal high
groundwater prior to the release of building permits. In addition sump pumps are not
allowed to be connected to the sanitary sewer system or discharge in the public right-of-
way.
22. The following note must appear on the plat all finish floor elevations for structures
within the flood hazard identified within the flood hazard report must to be noted on the
final plat for the respective lots.
23. Streets adjacent to Baxter Ditch must be designed to ensure that the back of sidewalk is a
minimum of one foot above the project flood water surface elevation.
24. Temporary stormwater easements must be provided for stormwater infrastructure
supporting the subdivision located outside the proposed developable lots. The easement
language must be approved by the City of Bozeman and dedicated with the final plat.
The easement must cover the maintenance access routes to the infrastructure.
25. A minimum of a 12 ft. all weather access ramp designed to support maintenance vehicles
must be constructed to all stormwater ponds. The access must be review and approved
but the subdivision infrastructure plans.
26. The applicant must add a note to the “General Notes” section of the plat that all
stormwater infrastructure located outside of the public right-of-way must be maintained
by the Property Owner’s Association.
27. Documentation of compliance with the parkland dedication requirements of Section
38.420.020, BMC shall be provided with the final plat. A table showing the parkland
requirements for the subdivision and the method of meeting the parkland dedication shall be
included on the final plat conditions of approval sheet. The table shall explicitly state how
much parkland credit was allocated for each lot within the 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. Any cost sharing
agreements for maintenance shall be included with the final plat.
28. A note shall be added to the final plat stating: Although an easement or parkland dedication
is required at the time of initial subdivision, the Parks and Recreation Department does not
assume maintenance responsibility until park improvements have been installed and fully
accepted on behalf of the City.
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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.
2. BMC 38.220.060.A.1 and BMC 38.220.060.A.3. The applicant has proposed a dewatering
system as part of the surface water and groundwater supplements to mitigate changes to the
existing tile drain system/hydrology. The system must be designed by a professional engineer
registered in the state of Montana and receive final approval from all appropriate agencies.
The system must be installed prior to final plat approval. With the final plat application the
applicant must provide documentation demonstrating final approval from all appropriate
agencies, certification from a professional engineer ensure the system has been completed
and will operate as designed, and as-builts of the completed system.
3. BMC 38.270.030. The applicant must submit 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, which must be provided to and
approved by the City Engineer. Water and sewer plans must also be approved by the
Montana Department of Environmental Quality. The applicant must 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 site infrastructure improvements unless all provisions set forth in
Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent
construction.
4. BMC 38.270.070. With the proposed first phase Oak Street must be completed where
adjacent to the development from the intersection to the phase boundary. The section
must be completed and accepted by the City prior to final plat approval.
5. BMC 38.270.020 and BMC 38.400.010. The development is responsible for the local
share of Cottonwood Road. The local share must be provided prior to final plat.
a. Cottonwood Road, from Oak Street to Baxter Lane, is currently identified in the
City’s Capital Improvement Program (CIP No. SIF138) and scheduled for
construction in FY2023. The developer has requested to pay cash-in-lieu of
infrastructure for the development’s local share for Cottonwood Road. The
development’s full local share payment must be made to the City prior to final
plat approval. The development’s local share amount must be confirmed at the
time of final plat using the most current costs for Cottonwood Road.
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6. BMC 38.400.090. Street easements must be provided for all streets identified in the
underling Master Site Plan must be provided prior to final plat approval to ensure access
is provided to all lots. The easements must be reviewed and approved by the City. The
easement must be provided using the City’s standard language for a public street and
utility easement. 10 foot utility easements must be provided along all street frontage
unless all effected utility companies (provided service to the development) provided
written documentation that the easements are not required prior to final plat approval.
7. BMC 38.410.070. The proposed development falls within the wastewater drainage basin for
the Norton East Ranch Outfall and Davis Lane Lift station. The outfall and lift station, listed
as Capital Improvement Project (CIP) no. WWIF38 and WWIF31, are currently in progress.
The proposed projects must be completed and accepted by the City prior to final plat
approval. The City does not guarantee the timing of these projects.
8. BMC 38.410.070. The offsite wastewater interceptor (27” and 21” mains) proposed in
Baxter Lane must be completed prior to final plat approval of any phase reliant upon the
interceptor. The design of the interceptor must include the consideration of the Aajker Creek
Division (15 inch) currently identified in the City’s Wastewater Facility Plan (WWFP) and
flow from the Laurel Glen lift station. For areas where existing topography does not allow
service to be provided with the interceptor those areas must be served by the downstream
infrastructure identified within the City’s WWFP. Private lift station(s) may not be utilized.
9. BMC 38.410.070. A City standard sewer easement must be provided for any location where
the sewer system is located outside of the propose right-of-way for Phase 1. Access must be
provided to all sanitary sewer lines and manholes. For mains not located in a street or alley a
12-foot all-weather surface must be provided and maintained by the property owner's
association. In addition, all sewer mains must be located a minimum of ten feet from all
structures and major landscaping features including trees. All points where mains are
proposed within parks must be approved by both the Public Works and Parks Department.
10. BMC 38.410.130. The applicant proposes a transfer to City ownership of existing water
rights associated with the subject property. The City hereby elects to accept these existing
water rights for transfer to City ownership pursuant to Sec. 38.410.130.A.2 BMC. The
transfer of ownership of these existing water rights must be in a form and manner suitable for
municipal purposes. The applicant and City shall, prior to final plat approval, enter into an
agreement containing mutually acceptable terms and provisions for the water rights
ownership transfer. 38.410.130 BMC must be satisfied prior to final plat approval.
11. BMC 38.600.130.C. A floodplain permit is required for any development occurring in the
floodplain. City cannot issue floodplain permit approval until all other necessary permits
have been issued by agencies having jurisdiction. The applicant must submit all necessary
permits and receive approval from the City prior to final plat. The Flood Hazard Evaluation
provided has not been approved. The City’s Floodplain Coordinator has provided the
following comments:
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a. The report finds that floodwater could reach elevations in proposed lots based on existing
topography. To mitigate the flood hazard due to existing topography, the report
recommends fill be placed to keep the floodwater contained within the confines of the
outer 20’ of the wetland setback.
b. Neither the flood hazard report nor the drainage report provide any information for sizing
the stream crossings for the internal subdivision roads. These reports need to be updated
to size the internal road culvert crossings. The hydraulics of the internal crossings feeds
back to the flood report in that fill locations (including roads) and crossing capacities
needs to be accounted for in producing the proposed floodplain area. It is recommended
that the crossings be sized to pass the flood discharge without overtopping the roadway.
12. 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.
13. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must
specifically list all installed improvements and financially guaranteed improvements.
14. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements.
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15. BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications
Certificate from the non-public improvements certificate and match the language in this
section.
16. BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat
approval, the final plat of 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 street frontage and city parkland. This certificate must be provided on the
final plat.
17. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be
installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the
lighting the Subdivision lighting SILD information shall be submitted to the Clerk of
Commission after Preliminary Plat approval in hard copy and digital form. The final plat
application will not be deemed complete until the resolution to create the SILD has been
approved by the City Commission.
18. 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.
19. BMC 38.420.020.A.2.a.(2). If net residential density is of development is unknown, 0.03
acres per dwelling unit must be provided, for initial subdivision or other development, within
REMU zoning district as an area equal to that required for eight dwelling units or 13.5
persons in group quarters per net acre.
20. BMC 38.420.020.A.2.a.(3). If net residential density is of development is unknown, 0.03
acres per dwelling unit must be provided, for initial subdivision or other development, within
B-2M zoning district (“intended for residential development as shown in the Master Site
Plan) an area equal to that required for six dwelling units or 13.5 persons in group quarters
per net acre. Cash-in-lieu of Parkland for residential B-2M lot is required at the time of
Subdivision Final Plat for the corresponding phase based on the valuation at the time of final
plat completeness (38.420.030).
21. 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 on perimeter streets and in and adjacent to City park lots and
any open space lots is required prior to final plat approval.
22. BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of
subdivision must show the following certificate:
Certificate accepting cash donation in-lieu of land dedication
Finding dedication of parkland within the platted area of (Subdivision Name) would be
undesirable for park and playground purposes, it is hereby ordered by the city commission of
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the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu,
in the amount of _______________ dollars, be accepted in accordance with the provisions of
the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the
Bozeman Municipal Code.
DATED this _______ day of _______, _______.
_______________________
Signature
City of Bozeman Director of Parks and Recreation
23. BMC 38.220.060.14. Provide response to review criteria in this section from school
administration indicating whether the increased enrollment can be accommodated by the
present personnel and facilities and by the existing school bus system
24. BMC 38.410.080. Provide a landscaping plan for the permanent retention pond to be
provided in the park lot. This may accompany the landscaping plan with final plat, but it
must be completed prior to park development if development is not to occur with phase 1.
25. BMC 38.220.060.A.7. Provide clarification from the State Historic Preservation Office
(SHPO) on any potentially eligible historic or cultural resources on the subject property.
SECTION 5 - RECOMMENDATIONS AND ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on January 19, 2021.
The Recreation and Parks Advisory Board reviewed and recommends approval of the proposed
subdivision and parks master plan as outlined in the application and with the conditions and code
provisions in this report.
The Planning Board conducted a public hearing on the related subdivision and voted
unanimously 7-0 to recommend approval of the application to the City Commission. The public
hearing date for the Planning Board was January 25, 2021 at 6:00 PM via WebEx. Staff
presented the staff report to the Board. There was a question to staff related to the revised zoning
boundary between the B-2M and REMU areas of the subject property approved with Master Site
Plan Application no. 19440 and alignment with the growth policy designations. Questions of the
applicant involved the groundwater mitigation, and the proposed local street sections and bike
lane widths in different areas of the development. There was some concern that the applicant’s
proposed wider local street section adjacent to the B-2M commercial areas along Harvest
Parkway would reduce safety and encourage users in vehicles to disregard speed limits. Mr.
Egge stated that the City has a complete streets policy and adopted standards in regard to bike
lanes and bike lane widths. Griffin Nielsen, the City’s reviewing engineer for this project
clarified that proposed street section design proposed with this application is conceptual and will
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be further evaluated during infrastructure review prior to construction and final plat. Mr.
Rudnicki made the motion to recommend approval stating that the project complies with the
stated growth goals of the City. Mr. Pape seconded. Mr. Egge spoke further in discussion and
proposed to amend the recommendation that the applicant is required to provide bike lanes
according to American Association of State Highway and Transportation Officials (AASHTO)
standards as detailed in Section 38.400.110.E. The amendment to the motion passed
unanimously 7-0. Mr. Pape discussed his second in support of the original motion stating that
when he looks at these projects he is always asking if they are serving the needs of the
community, and at this time of imminent need, hopefully a project like this will relieve some
housing strain. The motion to recommend approval passed 7-0 with the additional
recommendation that the applicant be required to develop bike lanes to the adopted AASHTO
standards.
Staff discussed this recommendation with the City’s engineering staff reviewing this application
during the preparation of the staff report. Engineering staff clarified that adherence to the
AASHTO standards is already stated in the cited code section and will be reviewed when the
applicant provides the infrastructure plan as required in code provision #3.
The Planning Board proceedings may be viewed here under the date January 25, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
The public hearing date for the City Commission was February 2, 2021. The hearing was held
via Webex.
Addi Jadin, Parks Planning and Development Manager, presented the Master Park Plan under
this application and the Master Site Plan application #19440, previously approved by the
Director of Community Development. Danielle Garber, Associate Planner, presented the
preliminary plat staff report and application.
Following the presentation, questions to staff from the Commissioners were related to including
the watercourse and wetlands within the park boundaries, the floodplain delineation,
groundwater mitigation, potential historic resources, park dedication and cash-in-lieu
requirements, and suggestions for including off-leash areas for dogs within the proposed park.
The Applicant had two representatives at the meeting, Matt Ekstrom with Morrison-Maierle and
Kelley Savage with Norris Design. The representative, Matt Ekstrom, thanked staff for the
complete and accurate staff report for the Subdivision, and stated that the applicant is in
agreement with the staff report and the conditions of approval and code provisions as written.
The applicant expanded on some previous questions related to drain tiles and water management.
Three members of the public spoke at the public hearing. General public comment was focused
on the alteration of natural systems by the historic agricultural uses and future development,
specifically the watercourse, wetlands, climate impacts, and wildlife. Staff provided some
clarifying points related to survey of the wetland and drain tiles.
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The Commission moved to approve the Park Master Plan. This motion is located on page 1 of
the City Commission Memorandum provided by the Parks Department and included in the
February 2, 2021 hearing packet. Commissioners voted unanimously 4-0 to approve the adoption
of the Park Master Plan. Discussion included preservation of the watercourse and wetlands, and
the potential inclusion of off-leash facilities for dogs.
The Commission moved to approve the subdivision with conditions and subject to all applicable
code provisions. The motion is located on page 1 of this report. Commissioners voted
unanimously 4-0 to approve the preliminary plat application. Discussion included the subdivision
review criteria including impacts to agriculture and agricultural water user facilities, the
improvement and extension of infrastructure to serve the development, the park master plan, off-
leash dog park possibilities, and the effect on the environment. Commissioners noted the
inclusion of a commercial node on the west side of town to serve existing and future residents, as
well as High School students. Further discussion was related to providing additional housing
within city limits.
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 February 2,
2021: https://www.bozeman.net/government/city-commission/city-commission-video
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.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
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
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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. 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 April 22, 2020 and was deemed inadequate for further review on
May 29, 2020. Revised application materials were received on August 10, 2020, December 2,
2020, and January 19, 2021. The City deemed the application adequate for review on December
January 19, 2021. Public hearings were scheduled for January 25, 2021 and February 2, 20201
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.
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 March
21, 2021, 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 this staff report.
On January 20, 2021 the major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration by the Planning Board.
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.
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. Code provision #9 states where the sewer system is
located outside of the proposed right of way for Phase 1, a City standard sewer easement must be
provided. Access must be provided to all sanitary sewer lines and manholes
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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 developable area of
the phase 1 subdivision. Local streets (Harvest Parkway, Rosa Way, Twin Lakes Avenue,
Wellspring Drive, and Dayspring Avenue) are proposed to provide access to all lots within the
phase 1 subdivision. Cottonwood Road, and West Oak Street both arterials, provides access to the
subdivision from all directions. All of the proposed lots have frontage to a public street. Physical
access to each lot is proposed via public streets and/or a public access and utility easement through
Blocks 1 and 2. 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 per BMC requirements.
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 and
commercial according to the City of Bozeman Community Plan. The area is zoned for residential
mixed use high density development, and community business. The site is historically used for
grazing and irrigated crops, but the home and agricultural buildings are all vacant.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. Two main watercourses exist
on site, Baxter Creek and Baxter Ditch and have been traditionally used to irrigate the subject
property. Wetlands exist adjacent to the watercourses and are preliminarily determined to be
jurisdictional, although no United States Army Corps of Engineers review has yet been
conducted. A series of culverts is proposed to allow roadways to be developed over top of the
water resources without inhibiting flow or downstream users. Code provision #11B requires
proper sizing of road culvert crossings to pass flood discharge without overtopping the roadway.
No lateral ditches related to Farmers Canal are affected by this proposed subdivision.
3) The effect on Local services
Water/Sewer – Water capacity exists to serve the subdivision. A municipal water main must be
extended north along Cottonwood Road to serve the subdivision. There is an existing main along
West Oak Street, and eventually a new main in the future Laurel Parkway, and a new main along
Baxter Lane will create a looped system. The subdivider proposes to extend water and sewer
mains within all local and collector streets within the subdivision. Code provision #9 requires a
city standard sewer easement where the sewer system is located outside of the proposed right of
way for phase 1. Code provision #3 requires the applicant to submit plans for water and sewer
main extensions, approved by the Montana Department of Environmental Quality, to be
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reviewed by the City. Building permits will not be issued prior to city acceptance of site
infrastructure improvements, unless concurrent construction is requested and conditions allow.
Capital improvements are currently in progress to expand wastewater capacity serving the
subject property via the Norton East Ranch Outfall and Davis Lane Lift Station. Code provision
#7 requires the projects be complete prior to final plat approval, and code provision #8 is also
related to wastewater capacity. Water rights exist for the subject property, the applicant proposes
to transfer to City ownership existing water rights. Code provision #10 requires the applicant and
the City to enter into an agreement containing provisions for water rights ownership transfer
prior to final plat approval.
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 for the phase 1 layout extends local streets (Rosa Way, Twin
Lakes Avenue, and Harvest Parkway) through the subdivision in accordance with block length
standards and provisions to extend streets to undeveloped land. New local streets (Wellspring
Drive, and Dayspring Avenue) will be created to serve internal lots. Cottonwood Road is
required to be constructed to the phase 1 boundary with final plat. Code provision #5 states that
the development is responsible for the local share of Cottonwood road. The developer has
requested to pay cash-in-lieu of infrastructure prior to final plat approval. With the first phase
Oak Street must be completed where adjacent to the phase 1 boundary prior to final plat
approval. All streets are proposed to be constructed to city standards and the City accepts
maintenance for all streets. Furthermore, Street easements must be provided for all streets
identified in the underlying master site plan approval to ensure access is provided to all lots
within the subdivision, and provide predictability for future subdivision development. Code
provision #6 details this requirement.
No intersections within the required analysis distance to this subdivision are operating under a
level of service required by the code. No intersection improvements are required with the phase 1
subdivision. Future subdivision development of the restricted lots will be evaluated at the time of
subdivision.
Street lighting is a component of the required street improvements. A special improvement
lighting district is proposed to maintain these facilities.
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. Some temporary surface stormwater facilities are proposed to serve phase 1,
with an additional permanent pond within city parkland. Condition of approval #24 requires
temporary stormwater easements be provided for stormwater infrastructure supporting the
subdivision located outside of the proposed developable area. Inspection of installed facilities
prior to final plat will verify that standards have been met. Condition of approval #26 states that
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maintenance of the storm water facilities outside of public right of way is an obligation of the
property owners’ association. Condition of approval #25 also relates to this issue.
Parklands - The proposal meets the required park dedication and improvement standards with
conditions and code provisions if the parks master plan is approved by the Commission. The
Parks Planning and Development Manager reviewed the master site plan and proposed
Homestead Park plan. The Subdivision Review Committee of the Recreation and Parks Advisory
Board reviewed the proposal on October 27, 2020, which consists of Homestead Park, a 16-acre
park spanning both sides of Baxter Ditch and consisting of 4.2 acres of unrestricted active
parkland and the remainder of watercourse and wetlands. The unrestricted “upland” park areas
are connected by a loop of trails that that run the length of the subdivision from north to south
and cross Baxter Ditch in two locations with pedestrian bridges. The park, is divided into 3
separate park parcels, each spanning the long central blocks of the development, providing long
segments of trail. Park Parcel 1 meets the intent of Linear Parks within the Parks, Recreation,
Open Space and Trails Plan (PROST), Parcel 2 and 3 meet frontage requirements for dedicated
park. “East-West Park Connectors” are proposed as conceptual parkland areas to be further
developed upon subsequent development of restricted lots created within Phase 1 of the
subdivision. The Park Master Plan commits an additional 2 acres of parkland on each side of
Homestead Park for a total of 4 additional unrestricted park areas (8.2 acres total). The remaining
estimated 7.52 acres of required parkland are proposed as either additional park or
improvements-in-lieu of parkland as listed generally on the Homestead Park Vision sheet and
more specifically within the Park Master Plan “Potential Park Amenities” sheets. 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 for the subdivision. Future
development will be required to provide a combination of dedicated land and cash in lieu of
parkland once the density is known.
4) The effect on the Natural environment
No significant negative impacts to the natural environment have been identified. Two primary
watercourses exist on the subject property with associated wetlands, Baxter Creek on the western
edge, and Baxter Ditch runs through the center. The entire eastern half of the subject property,
east of Baxter Ditch where phase 1 is proposed, has been historically filled, tilled, planted, and
irrigated eliminating wetland qualities in those areas. Where intact wetlands and watercourses
are present setbacks have been delineated and identified pursuant to BMC 38.410.100. The
wetland delineation report identifies many areas where the quality of wetland soil and plants has
been degraded due to cattle use and grazing. Proposed impacts to these areas are as follows.
Road crossings will require the watercourses to be culverted in at least four places. Conditions of
approval related to this issue are located in Section 4 of this report and include condition #12
requiring appropriate permitting from the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers.
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A drain tile system exists through the eastern half of the property and has been traditionally used
for agricultural ground dewatering. A letter from the Gallatin Conservation District, provided in
the application materials states that this drained swell, where the tile has been damaged and
repaired, is not a natural watercourse or irrigation facility and does not convey water from other
properties. The applicant has proposed to redesign this system. Condition of approval #18
requires maintenance easements restricting the construction of structures within the easement.
The site is in an area of high groundwater which may negatively impact future structures or
cause illicit discharges into the sanitary sewer and over burden the surface drainage system.
Condition 21 prohibits use of basements or crawl spaces unless a professional engineer certifies
that the structure has been designed in such a way to accommodate seasonal high groundwater
and requires addition of a notation of this restriction on the conditions of approval sheet. This
requirement will protect both future structure owners from future hazards of flooding and lessen
burden on the public from illicit discharges.
The watercourses present the possibility of flooding, conditions of approval #22 and #23 are
related to this issue. Code provision #11 requires a City floodplain permit for any development
occurring in the floodplain delineated in the flood hazard analysis provided in the application
materials. Mitigation of this flood hazard includes recommendation for fill to be added to the
site. As stated above, where fill impacts wetlands or watercourses mitigation is required with
local, state, and federal permitting.
Watercourse setback planting along both watercourses, and park development is proposed
primarily along Baxter Ditch. As stated above plants and soils along the watercourse have been
severely degraded due to agricultural activities, and noxious weeds are widespread. A
landscaping framework, proposed with the approved master site plan, proposes enhancing the
native lowland and upland areas with shrubs and trees to significantly improve the quality of the
watercourse and guide its character long term as a natural amenity for Bozeman residents. Future
planting plans will be required as the property develops and will be reviewed according to
standards in place at the time.
No other impacts to the natural environment are identified.
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 will irrigate parkland, open space or other
public lands landscaping with wells.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. There are no known
endangered or threatened species on the property. Habitat quality has been substantially
impacted by agriculture and grazing. A letter from Mike Duncan, Fisheries Biologist with State
of Montana Fish Wildlife and Parks states that “Stream corridors, their fish, and other amenities
streams provide is a primary driver for growth in Gallatin County and they should be protected
commensurate to their importance.” Mr. Duncan provided suggestions related to additional
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watercourse setbacks, and preventing discharge of harmful substances, sediment, and other
contaminants as the property develops. Low Impact Design (LID) to mitigate stormwater is
required in the REMU zoning district and encouraged across the entirety of the development.
Proposed watercourse setback plantings that have the potential to improve stream habitat are
described in the above section.
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.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann.
and as a result, the Department of Community Development has reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on January 13, 2020.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
Two perennial stream exist on the property with their associated riverine wetlands. As discussed
above the quality of plants, soils, and water resources varies across the property. This
subdivision provides the opportunity to rehabilitate surface water resources with watercourse
setback plantings and weed mitigation. Condition of approval #12 requires that the applicant
contact the Gallatin County Conservation District, Montana Department of Environmental
Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required
permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant prior to
commencing any improvements within watercourse and wetland areas.
38.220.060.A.2 Floodplains
Two non-federal 100-year floodplains have been analyzed and associated with Baxter Creek and
Baxter Ditch. A flood hazard analysis report completed in 2019 is included with the application
materials. Analysis concluded that all flood waters will be contained within the existing banks of
Baxter Creek, and a majority of flood waters will be contained within the existing banks of
Baxter Ditch. Recommendations related to Baxter Creek to additionally mitigate flood hazard
include maintaining a minimum floor elevation of at least two feet above the identified flood
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water surface elevation. Recommendations related to Baxter Ditch identify areas where flooding
will overtop banks, and fill is recommended along the outer 20-feet of the wetland setbacks in
those areas. Condition of approval #22 requires a note be added to the final plat requiring that all
finish floor elevations for structures within the flood hazard be identified for each impacted lot.
Condition of approval #23 requires streets adjacent to Baxter Ditch be designed to ensure that the
back of sidewalk is a minimum one foot above the projected flood water surface elevation. Code
provision #11 requires a flood plain permit for any development occurring in the floodplain. The
City cannot issue floodplain permit approval until all other necessary permits have been issued
by agencies having jurisdiction. The applicant must submit all necessary permits and receive
approval from the City prior to final plat. The Flood Hazard Evaluation provided has not been
approved. City’s Floodplain Coordinator has provided the following comments:
a. The report finds that floodwater could reach elevations in proposed lots based on existing
topography. To mitigate the flood hazard due to existing topography, the report
recommends fill be placed to keep the floodwater contained within the confines of the
outer 20’ of the wetland setback.
b. Neither the flood hazard report nor the drainage report provide any information for sizing
the stream crossings for the internal subdivision roads. These reports need to be updated
to size the internal road culvert crossings. The hydraulics of the internal crossings feeds
back to the flood report in that fill locations (including roads) and crossing capacities
needs to be accounted for in producing the proposed floodplain area. It is recommended
that the crossings be sized to pass the flood discharge without overtopping the roadway.
38.220.060.A.3 Groundwater
With the recommended conditions of approval and required plat corrections, the subdivision
groundwater impacts will be successfully mitigated. The geotechnical investigation report, and
groundwater modeling is included in the application submittal. Groundwater was encountered in
all test pit excavations. Groundwater depth shown in test pits ranges between 4 to 7 feet. A
groundwater flow model for managing groundwater levels was provided by Water &
Environmental Technologies (WET). WET states that “presently agricultural drains are in place
at the footprint of the proposed development which acted to control shallow groundwater for
land cultivation purposes … Given those drains are relatively shallow, and, given that there are
questions about their integrity, it was determined that it would be appropriate to construct an
engineered drain system as part of the overall development plans.” Those models; and proposed
drain system location are included in the application materials and have been reviewed by the
Engineering Division. Conditions of approval 17, 20, 21, are related to groundwater and
groundwater dewatering including the restriction of basements and crawl spaces.
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 irrigate parkland, open space or
other public lands landscaping with wells per code requirements.
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38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. Soils encountered
during testing show a layer of vegetated topsoil, underlain by a layer of silty clay with sand to
depths ranging from 1.5 to 4 feet. Beneath the silty clay with sand layer; gravel sand and cobbles
were encountered 8.5 to 9 feet below existing site grades. There are no hazardous features
associated with this soil type, and foundations “can bear on the native gravel with sand layer,”
however it is recommended that “it may be advantageous to place 1 foot of structural fill under
building envelopes to aid in concrete forming and provide a uniform bearing surface.”
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. The geotechnical report is included in the application materials.
38.220.060.A.5 Vegetation
This subdivision will not significantly impact vegetation. No substantial native vegetation was
identified. Comment from state Montana Fish Wildlife and Parks found no immediate negative
effects with proper drainage and mitigation techniques. 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 with conditions and code provisions. See
comments above under primary review criteria.
38.220.060.A.7 Historical Features
This section requires documentation from the State Historic Preservation Office (SHPO) for any
known or possible “historic, paleontological, archaeological, or cultural sites, structures, or
objects which may be affected by the proposed subdivision.” Potential or known historic areas
are required to be identified, protective measures described if applicable, and impact discussed.
A letter from Damon Mundo the Cultural Records Manager at SHPO is included in the
application materials. Mundo states that research into records indicated that there “have been no
previously recorded [historic] sites within the designated search locale.” However, there are
existing structures over 50 years old on the subject property, making them eligible for listing on
the National Register of Historic Places. This eligibility is usually determined with the
completion of a Montana Historic Property Record Form provided by SHPO and completed by
an architectural historian. Mundo states that there have been no previously recorded historic sites
on the subject property based on their records, but he also states that “few previously conducted
cultural resource inventories have been done in the area.” He goes on to write “Based on the lack
of previous inventory and the ground disturbance required by this undertaking we feel that this
property has potential to impact cultural properties.” Historic preservation of eligible structures
is only required by Bozeman Municipal Code within the regulatory area of the Neighborhood
Conservation Overlay District (NCOD) and does not apply to this property. However, code
provision #25 requires clarification from the applicant and SHPO regarding any potentially
eligible historic or cultural resources on site prior to final plat.
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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 burden city water and sewer infrastructure with the
recommended conditions of approval and code provisions. 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
No response from Bozeman School District #7 was provided. Code correction #21 requires a
response to be provided from the school district regarding impacts the subdivision will have on
educational facilities.
38.220.060.A.15 Land Use
The use proposed is mixed use residential and community commercial which conforms to the
future land use designations and zoning purposes. The property has a future land use designation
of Residential Mixed Use and Community Commercial Mixed Use and is zoned REMU,
Residential Emphasis Mixed Use and B-2M, Community Business - Mixed. The correlation table
on page 58 of the 2020 Community Plan shows REMU and B-2M zoning as implementing
districts of the Residential Mixed Use, and Community Commercial Mixed Use land use
designations.
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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
The neighborhood center will be provided by the proposed commercial development within the
subdivision. The application materials indicate the 15 acre area is intended to have uses “such as
daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants, and
offices.” The code allows the requirement that the neighborhood center be within 600 feet from
the geographic center point of the development may be waived if the center is a neighborhood
commercial center. New neighborhood commercial centers are subject to the community design
framework master plan provisions of sections 38.230.130 and 38.510.030.L establishing block
frontage designations for future development. Condition of approval #6 requires the applicant to
update the Community Design Framework Master Plan with the Phase 1 final plat application
which establishes the parcels for the commercial node. Further project design review of the
commercial node is expected with subsequent development review applications required for
commercial 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. Code provision 17 is related to this issue.
38.220.060.A.19 Miscellaneous
The proposed subdivision will improve the access to public lands by including additional City
parkland. A Master Site Plan Application no. 19440 was approved on December 22, 2020.
Section 38.310.060.B requires a master site plan or PUD review in all REMU zoning districts
larger than 5-acres. This plan is intended to provide a design framework and act as a guiding
document for REMU zoning compliance for phase 1 and all future subdivisions within the
subject property.
38.220.060.A.20 Affordable Housing
Phase 1 of the subdivision application is not subject to affordable housing requirement as no
market rate homes are proposed. Affordable housing requirements will be evaluated with each
subsequent subdivision or site plan application.
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.
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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 February 2, 2021 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, NWX LLC, 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 February 2,
2021 and three 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
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 2nd day of March, 2021
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 property is zoned REMU, Residential Emphasis Mixed
Use District. The intent and purpose of the REMU district is to establish areas within Bozeman
that are mixed-use in character and to provide options for a variety of housing, employment,
retail and neighborhood service opportunities within a new or existing neighborhood. 1.
Emphasizing residential as the primary use, including single household dwellings, two to four
household dwellings, townhouses, and apartments. 2. Providing for a diverse array of
neighborhood-scaled commercial and civic uses supporting residential. 3 .Emphasizing a vertical
and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting
neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for
healthy lifestyles; b .Support compact, walkable developments that promote balanced
transportation options; c. Have residential as the majority use with a range of densities; d.
Provide for a diverse array of commercial and civic uses supporting residential; e .Have
residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses
within walking distance; g. Incorporate a wider range of housing types; and h. Encourage
developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-
oriented complete streets. 5.Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's
sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood
commercial center(s) with a unique identity and strong sense of place; d. Develop commercial
and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the
principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street
parking and physical elements of complete streets. 6. Providing standards and guidelines that
emphasize natural amenities: a. Preserve and integrate the natural amenities into the
development; and b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood. 7. Providing standards and guidelines that emphasize the development
of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a
center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure
both long and short-term financial viability; d. Allow an appropriate blend of complementary
mixed land uses including, but not limited to, retail, offices, commercial services, restaurants,
bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e.
Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the
need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g.
Maximize land use efficiency by encouraging shared use parking. 8 .Promoting the integration of
action: a. Support existing infrastructure that is within and adjacent to REMU zones; b.
Encourage thoughtfully developed master planned communities; c .Provide flexibility in the
placement and design of new developments and redevelopment to anticipate changes in the
marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole; 9. Providing standards and guidelines that promote
sustainable design
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Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and a
wider range of housing types.
The property is also zoned B-2M, Community Business District – Mixed. The intent of the B-2M
community business district-mixed is to function as a vibrant mixed-use district that
accommodates substantial growth and enhances the character of the city. This district provides for
a range of commercial uses that serve both the immediate area and the broader trade area and
encourages the integration of multi-household residential as a secondary use. Design standards
emphasizing pedestrian oriented design are important elements of this district. Use of this zone is
appropriate for arterial corridors, commercial nodes and/or areas served by transit.
Adopted Growth Policy Designation: This property is designated as Residential Mixed Use in the
2020 Community Plan. This category promotes neighborhoods substantially dominated by
housing, yet integrated with small-scale commercial and civic uses. The housing can include
single-attached and small single-detached dwellings, apartments, and live-work units. If buildings
include ground floor commercial uses, residences should be located on upper floor. Variation in
building mass, height, and other design characteristics should contribute to a complete and
interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are
permitted on 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 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 appropriate near commercial centers. Larger
areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban
development is expected. Any development within this category should have a well-integrated
transportation and open space network that encourages pedestrian activity and provides ready-
access within and adjacent development.
While the nature of development for the entire REMU area in this subdivision is not yet known,
development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning
designation that correlates with this district. The applicant has proposed multi-household higher
density housing adjacent to the commercial node in the approved master site plan associated with
this site, with medium and lower density attached and detached single-household making up the
balance of the plan.
This property is also designated as Community Commercial Mixed Use. The Community
Commercial Mixed Use category promotes commercial areas necessary for economic health and
vibrancy. This includes professional and personal services, retail, education, health services,
offices, public administration, and tourism establishments. Density is expected to be higher than it
is currently in most commercial areas in Bozeman and should include multi-story buildings.
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Residences on upper floors, in appropriate circumstances, are encouraged. The urban character
expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities. High density residential areas are expected in close
proximity. Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and non-automotive
routes. Due to past development patterns, there are also areas along major streets where this
category is organized as a corridor rather than a center. Although a broad range of uses may be
appropriate in both types of locations, the size and scale is to be smaller within the local service
areas. Building and site designs made to support easy reuse of the building and site over time is
important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single use. Higher intensity uses are encouraged in the core
of the area or adjacent to significant streets and intersections. Building height or other methods of
transition may be required for compatibility with adjacent development. Smaller neighborhood
scale areas are intended to provide local service to an area of approximately one half-mile to one
mile radius as well as passersby. These smaller centers support and help give identity to
neighborhoods by providing a visible and distinct focal point as well as employment and services.
Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per
net acre.
The proposed subdivision is meeting the 2020 Plan with the commercial areas that will serve both
the surrounding neighborhoods and broader community, and will function as a service center for
the neighborhoods within the development. The southeast corner of the proposed master site plan
has this community plan designation and is approximately 29 acres, with 15 acres being developed
with primarily commercial uses. This commercial area will serve two functions with appropriate
land uses placed along two arterial roads to serve the broader community including the new
Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports
Park, as well as functioning as the neighborhood center for the larger development with bicycle
and pedestrian connectivity from within the broader 160 acres.
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 January 10, 2021. The site was posted with a notice on January 10, 2021, and a legal
advertisement was published in the Bozeman Daily Chronicle on January 10, 2021. Content of
the notice contained all elements required by Article 38.220., BMC. No public comment has
been received.
APPENDIX C – PROJECT BACKGROUND
Resolution 5078 was approved by the City Commission on June 24, 2019 annexing the subject
property into the City. Ordinance 2021 adopting zoning of REMU and B-2M was approved on
July 15, 2019. A subdivision pre-application plan was reviewed by the Development Review
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Committee in January of 2020. A Master Site Plan Application no. 19440 was approved on
December 22, 2020. Section 38.310.060.B requires a master site plan or PUD review in all
REMU zoning districts larger than 5-acres. This plan is intended to provide a design framework
for phase 1 and all future subdivisions within the subject property. The entitlement period for the
master site plan is 5 years.
APPENDIX D - OWNER INFORMATION
Owner/Applicant: NWX, LLC, 1735 S. 19th Ave., Suite B, Bozeman, MT 59718
Representatives: Morrison-Maierle, Inc., 2880 Technology Blvd. West, Bozeman, MT 59771
Report By: Danielle Garber, Associate Planner.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #20113, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
http://weblink.bozeman.net/WebLink8/0/fol/210791/Row1.aspx
Public Comment: None to date
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