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20351, Findings of Fact for the Bridger Meadows Major Subdivision
Public Hearing Date: Planning Board June 21, 2021 at 6:00 via WebEx.
City Commission, July 20, 2021 at 6:00 pm via WebEx.
Project Description: Preliminary plat to create a major subdivision that includes 16
residential lots and 5 common open space lots. The development also includes a
7.15 acre wildlife refuge and wetland preservation site and 1.72 acres of open space.
The property is zoned R-1. This project is associated with and dependent on
Planned Unit Development (PUD) application number 20350. Six relaxations are
requested with the PUD application.
Project Location: S31, T01S, R05E, C.O.S. 885 TRACT NW4SE4, 12 acres, Bozeman, Gallatin
County, Montana
City Commission Decision: The application does not conform to standards and is not
sufficient for approval.
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 20351 and move to recommend
approval of the Bridger Meadows 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 find that the findings in the staff report for application 20351 are
not met as a result of the Commission’s actions on the PUD because the proposal no longer
meets the zoning requirements.”
Report Date: August 9, 2021
Staff Contact: Sarah Rosenberg, Associate Planner
Lance Lehigh, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Project Summary
The property owner and applicant submitted a preliminary plat application to create 16
residential lots and five common open space lots on 11.87 acres. The development also
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includes a 7.15 acre wildlife refuge and wetland preservation site, and 1.72 acres of
open space. The site is presently vacant and surrounded by residential subdivisions to
the north and east, a commercial development to the south and Glen Rotary Park to the
west. The site is accessed from Birdie Drive to the east and emergency vehicle access
from Commercial Drive to the south. The property is zoned R-1.
This preliminary plat application is affiliated with a Preliminary PUD, application
20350. The Design Review Board (DRB) reviewed the PUD on Wednesday, June 9 and
recommended approval of the PUD 5-0. Video of the meeting can be found here:
https://bozeman.granicus.com/player/clip/99?view_id=1&redirect=true
Six relaxations to the Bozeman Municipal Code (BMC) zoning regulations were
proposed with the PUD application:
1. 38.400.010.A.8. A relaxation from the requirement for a second means of public
access to the site.
2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac.
3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement,
instead providing a 50’ width.
4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both
sides of the street with only one side of the street having a sidewalk.
5. 38.410.040.B. A relaxation from the block length requirements.
6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse
setback for lots 4 through 14, which is 50 feet.
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 May
19, 2021. Pursuant to BMC 38.240.130 the city commission must approve, conditionally
approve or deny the subdivision application by August 11, 2021, unless there is a written
extension from the developer, not to exceed one year.
The Planning Board reviewed this application on Monday, June 21. Public comment was
taken at the meeting and many in opposition to the project cited concerns with impacts to
the wetlands, access to the property, and how the development impacts the properties that
abut the development. The Planning Board found that the application does satisfy the goals
of the Growth Policy and although there are some serious site constraints, it is an infill
project that meets subdivision standards. They recommended approval of the preliminary
plat 5-1. Video of the meeting can be found here:
https://bozeman.granicus.com/player/clip/104?view_id=1&redirect=true
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20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 3 of 33
Public comment was received in both support and opposition of the project. The public
comment can be found at this link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMA
N&cr=1
The City Commission held a public hearing on the application on July 20, 2021. Based on
the vote to deny the Planned Unit Development as outlined in application 20350 Findings
of Fact for the Bridger Meadows PUD, a new motion was made by the City Commission:
“Having reviewed and considered the application materials, public comment, and all the
information presented, I find that the findings in the staff report for application 20351 are
not met as a result of the Commission’s actions on the PUD because the proposal no longer
meets the zoning requirements.”
Upon further discussion of the amended motion, the City Commission made individual
findings that the application does not meet the zoning criteria due to the denial of the PUD
application. The findings of fact for PUD application 20350 form the basis for denial of
preliminary plat application 20351 and are incorporated by reference and attached to
these findings of fact. The Commission unanimously voted in favor of the motion, therefore
denying the preliminary plat application. A summary of the Commission’s findings can be
found below in Section 7 – Findings of Fact, Order of Appeal and Provisions. Analysis of the
Commission’s alternative findings can be found in Section 6 – Staff Analysis and Findings,
subsection 4. Video of the City Commission hearing can be found at this link:
https://bozeman.granicus.com/player/clip/117?view_id=1&redirect=true
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ....................................................................................................................................... 1
Project Summary..................................................................................................................................... 1
SECTION 1 - MAP SERIES ................................................................................................................................... 5
SECTION 2 – REQUESTED RELAXATIONS................................................................................................... 9
SECTION 3 – STAFF RECOMMENDED CONDITIONS OF APPROVAL ................................................ 9
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................................... 14
SECTION 5 - RECOMMENDATIONS AND ACTIONS .............................................................................. 18
SECTION 6 - STAFF ANALYSIS AND FINDINGS ...................................................................................... 18
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. ..................... 18
Primary Subdivision Review Criteria, Section 76-3-608 ...................................................... 21
Preliminary Plat Supplements ........................................................................................................ 25
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .......................................... 30
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ........................................................ 32
APPENDIX B – NOTICING AND PUBLIC COMMENT ............................................................................. 32
APPENDIX C – PROJECT BACKGROUND ................................................................................................... 32
APPENDIX D - OWNER INFORMATION and Reviewing Staff ............................................................ 33
ATTACHMENTS .................................................................................................................................................. 33
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SECTION 1 - MAP SERIES
Figure 1. Zoning classification
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Figure 2. Preliminary Plat
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Figure 3. Application Illustrative Plan
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Figure 4. Application Watercourse Exhibit
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SECTION 2 – REQUESTED RELAXATIONS
There are no variances requested with this subdivision application. The associated PUD
requested six relaxations. Analysis of the requested relaxations is provided under the PUD
staff report. To enable understanding of why the proposed plat does not comply with
typical standards, the relaxations are listed here:
1. 38.400.010.A.8. A relaxation from the requirement for a second means of public
access to the site.
2. 38.400.010.A.9. A relaxation to allow for a cul-de-sac.
3. 38.400.020.A.2. A relaxation from the 60’ width right of way requirement,
instead providing a 50’ width.
4. 38.400.080. A relaxation from the requirement to provide a sidewalk along both
sides of the street with only one side of the street having a sidewalk.
5. 38.410.040.B. A relaxation from the block length requirements to allow for a
longer block length.
6. 38.410.100.A.2. A relaxation from the requirements to reduce the watercourse
setback for lots 4 through 14, which is 50 feet.
The City Commission did not approve the PUD and therefore, the subdivision must comply
with all standards as presented in the municipal code.
SECTION 3 – STAFF RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions were proposed in addition to any required code
provisions identified in this report for the application to be able to satisfy the requirements
of the municipal code. These conditions are specific to the preliminary plat application.
Staff has considered the impacts as identified in the staff analysis and application materials
and these conditions of approval are reasonably related and roughly proportionate to the
development.
1. BMC 38.220.070. 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.
2. BMC 38.220.070.A.7. 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 (POA) of any open space proposed to be conveyed to the POA and
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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 POA 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.
3. BMC 38.240.150.A.3. 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.
4. BMC 38.410.060.A. The final plat must provide and depict 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.
5. BMC 38.220.320. In order to disclose to future purchasers their obligations
regarding open space established in the municipal code the following language
shall be included on the Conditions of Approval Sheet of the final plat: “As
established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the
municipal code, ownership of all common open space areas and trails, and
responsibility of maintenance thereof and for city assessments levied on the
common open space lands shall be that of the property owners’ association.
Maintenance responsibility shall include, in addition to the common open space and
trails, all vegetative ground cover, and irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets and as adjacent
to public parks or other common open space areas. All areas within the subdivision
that are designated herein as common open space including trails are for the use
and enjoyment by residents of the development and the general public. The
property owners’ association shall be responsible for levying annual assessments
to provide for the maintenance, repair, and upkeep of all common open space areas
and trails. At the same time of recording the final plat of the subdivision the
subdivider shall transfer ownership of all common open space areas within each
phase to the property owners’ association created by the subdivider to maintain all
common open space areas within Bridger Meadows subdivision. The City may
release the Bridger Meadows Property Owners’ Association from the obligation to
maintain parks dedicated to the City at the City’s discretion.”
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6. Codes, Covenants & Restrictions must be updated and submitted with final plat to
be recorded after approval.
7. BMC 38.220.070. The final plat must contain the following notation on the Conditions
of Approval sheet:
a. 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.
b. All stormwater facilities not on property dedicated to the City of Bozeman
require public utility easement for storm water facility maintenance.
c. Due to known high groundwater conditions in the area no basements will be
permitted with future development of the site. No crawl spaces will be
permitted with future development of the site, unless a professional engineer
registered in the State of Montana certifies that the lowest point of any proposed
structure is located above the seasonal high groundwater level and provide
supporting groundwater data prior to the release of building permit. In addition,
sump pumps are not allowed to be connected to the sanitary sewer
system. Sump pumps are also not allowed to be connected to the drainage
system unless capacity is designed into the drainage system to accept the
pumped water. Water from sump pumps may not be discharged onto streets,
such as into the curb and gutter.
d. All downstream water user facilities will not be impacted by this Subdivision.
e. All lots are subject to a ten foot wide front yard utility easement.
f. All Open Space and Public Access areas are to be owned and maintained by the
property owners association.
8. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been
provided with final plat, then water rights or cash-in-lieu must be provided with any
future site plan development or applicable development application.
9. A one foot no access strip shall be placed along all lots directly adjacent to the
emergency access to prevent direct lot access onto the emergency access pathway.
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10. BMC 38.410.060. As presented, common open space lots 02 and 04 as well as the small
section that runs through Lot 7 allows for conveyance and detention for stormwater
runoff from public rights of way and Emergency Access. Public drainage easements
must be provided for the conveyance and detention of stormwater on these lots. The
applicant may contact the Engineering Department to receive a copy of the drainage
easement template. The easement must be filed prior to final plat approval and the
easement document number must be referenced on the Final Plat.
11. The applicant must provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s)
or special districts for the following, if not already filed:
a. Intersection improvements at Story Mill Road and Rouse Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b. Intersection improvements at East Griffin Drive and Rouse Avenue including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of the improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
The applicant must provide a copy of the filed SID waiver prior to final plat
approval.
12. The applicant did not provide any information on how the adjacent emergency access
and public access off Commercial Drive will be maintained both on and off-site. The
applicant is advised that the City will not maintain the emergency access and public
access to the Bridger Meadows Development. The applicant must provide the following
prior to final plat approval:
a. The applicant must submit a draft maintenance agreement between the City and
associated parties’ that agrees to indemnify and hold the City harmless for any
damages and clearly delineates maintenance and replacement responsibilities
associated with the emergency access and public access easement, which
includes snow removal, pavement maintenance, painting, striping, traffic
marking, and all other maintenance responsibilities.
b. The draft agreement must be accompanied by an exhibit stamped by a licensed
professional surveyor.
c. The draft agreement must be submitted for approval from the Public Works
Director with subsequent approval from the City's Legal Department.
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d. Upon City review and approval, the applicant must provide an owner executed
original agreement to the City prior to final plat approval.
e. The agreement must be incorporated into the POA documents.
f. A Condition of approval must be added to the plat that clearly identifies the
maintenance agreement and the responsible parties.
13. BMC 38.400.010. The proposed emergency access will also be used for public access to
the proposed development. The applicant must provide an emergency and public access
agreement that clearly defines the intended use given the unique nature of how the
access will be utilized by both the City and the public. The easement must be recorded
and provided to engineering prior to final plat approval. The recorded easement
number must be written in on the final plat.
14. BMC 38.400.010. Because the applicant has requested a relaxation from the
requirement to have a second means of public access to the site leaving only one means
of public access to the site, the sole means of public access, which may be the subject of
pending litigation, is critically necessary. A public utility easement and a valid public
access easement must be recorded and provided to engineering prior to final plat
approval. The recorded easement number(s) must be written in on the final plat.
15. BMC 38.600.210. A floodplain permit must be submitted and approved prior to final
plat approval.
16. BMC 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must
provide the Community Development Department with a written statement of a
wetland boundary determination from the U.S. Army Corps of the wetland status. If the
wetlands are determined to be jurisdictional, an approved 404 permit for any changes
to the wetland must be submitted to the Community Development office prior to final
plat approval. 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. Approved stream and wetland
permits shall be provide prior to public infrastructure approval for public
infrastructure impacts to jurisdictional wetland and streams. Permits and a FEMA
approved LOMR-F must be provided prior to final plat approval.
17. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e.
swingset, trampoline. etc.) can be located within the watercourse setback. This
language must be included in the POA documents and covenants.
18. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and
paid at the time of final plat approval. A parkland table and cash in lieu amount must
be printed on the final plat.
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19. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and
approved by the City of Bozeman before the approval of the final plat.
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. Without these corrections the application does not meet required
standards.
1. The final plat must 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.
2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law.
3. BMC 38.220.300 & 310. The POA documents must be finalized and recorded with the
final plat. The POA documents must include the requirements of Section 38.220.300 and
310.
4. 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.
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5. BMC 38.410.060.A. 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. The recorded easement number must be
documented on the final plat.
a. The applicant is advised that all dedicated public easements must be recorded
using the City’s standard template easement documents separate from the plat
and the recorded document number must be listed on the final plat. Easements
will be deemed inadequate if they are not in a final draft format (signatures are
not required for the draft review). Easements must be stamped by a licensed
professional surveyor. In preparing signature blocks on any upcoming
documents, please make the following changes: Jeff Mihelich, City Manager; Mike
Maas, City Clerk. If a new member is established, the easement documents must
be updated.
6. BMC 38.410.060. The applicant must provide a ten foot private utility easement
(power, gas, communication, etc.) along the development’s property frontage. The
applicant may contact the Engineering Department to receive a copy of a utility
easement template. The easement must be recorded and provided to engineering prior
to final plat approval. The recorded easement number must be written in on the final
plat.
7. BMC 38.410.060. The proposed water and sewer lines extending from Shady Glen Lane
to Boylan Road reside in a public access and utility easement. The final plat must
reference the recorded easement number.
8. 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. 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 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. For the transfer of personal property installed upon POA-owned 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. The subdivider or owner of the property must record the deed or instrument
transferring ownership or interest 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.
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d. 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.
9. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the
plat prior to the completion of all required improvements, the developer shall enter an
Improvements Agreement with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements.
10. BMC 38.240.450 requires a certificate of completion of improvements. The certificate
must specifically list all installed improvements and financially guaranteed
improvements.
11. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements.
12. 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. This certificate must be
provided on the final plat.
13. BMC 38.220.020 & 38.610.050. Approved stream and wetland permits shall be
provided prior to public infrastructure approval for public infrastructure impacts to
jurisdictional wetland and streams. Permits shall be provided prior to final plat
approval.
14. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared
that identifies the maintenance of the watercourse setback landscaping. The
landscaping identified in the watercourse planting plan must be installed or financially
guaranteed prior to final plat approval.
15. BMC 38.220.020. The developer must provide the City’s Community Development
department with a copy of all required streambed, streambank or wetlands permits, or
written notification from the appropriate agency that a permit is not required, prior to
the commencement of any work on the site or final plat approval, whichever is sooner.
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16. BMC 38.240.050. Water rights, or cash-in-lieu thereof, as calculated by the Director of
Public Works, is due with the filing of each subdivision final plat.
17. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate
Mortgagee certificate must be included with the final plat.
18. BMC 38.410.120. If mail delivery will not be to each individual lot within the
development, the developer shall provide an off-street area for mail delivery within the
development in cooperation with the USPS. It shall not be the responsibility of the City
to maintain or plow any mail delivery area constructed within a City right-of-way. If
cluster boxes are used, a dedicated area to pull up and access the boxes must be
provided.
19. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-
lieu of land dedication, the amount must be stated on the final plat.
20. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared
that identifies the maintenance of the watercourse setback landscaping. The
landscaping identified in the watercourse planting plan must be installed or financially
guaranteed prior to final plat approval.
21. BMC 38.400.010. No parking is allowed along the cul-de-sac. No parking signs must be
installed prior to final plat approval.
22. BMC 38.410.060. Utility easements shall be provided in accordance with the Bozeman
Municipal Code. The required ten foot front yard easement is required for all lots
unless written confirmation is submitted with the preliminary plat from ALL utility
companies providing service indicating that front yard easements are not needed.
23. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for
the creation of a POA (Documents)shall be submitted at least 30 working days prior to
submitting the final plat application for review by the Department of Community
Development and shall contain, but not be limited to the following items: 1) the
orientation and setbacks for corner lots, 2) all additional setbacks required when lots
are adjacent to pathway corridors and minor arterial roads, 3) provisions for fences, 4)
provisions for snow removal, maintenance and upkeep of all common areas, public and
private parks, trails, storm water runoff facilities, 5) guidelines that outline
architectural and landscape requirements for each individual lot and/or phase of the
subdivision, including placement of boulevard trees at a regular spacing for each
residential lot, 6) provisions that outline the renewal of an annual contract with a
certified landscape nursery person for the upkeep and maintenance of all parklands,
common open space, trails, etc., 7) landscape details for detention ponds, outlet
structures, boulevard trees, parkland, irrigation, etc., 8) mitigation of groundwater with
established floor elevations, 9) noxious weed control, and 10) assessment of existing
and future Special Improvement Districts.. These documents shall be executed and
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submitted with the initial final plat to be filed with the Gallatin County Clerk and
Recorder at the time of recording of the final plat.
SECTION 5 - RECOMMENDATIONS AND ACTIONS
The DRC determined the application adequate for continued review and found that
application conforms to standards and is sufficient for approval only with conditions and
code provisions on May 19, 2021.
Public hearing date for the Planning Board was on June 21, 2021. The hearing was held via
WebEx. The Planning Board recommended approval 5-1 of the subdivision.
Public hearing date for the City Commission is July 20, 2021 at 6:00 PM. The hearing was
held via WebEx. The City Commission voted unanimously to deny the preliminary plat
application.
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 outlined in code provision number 1, 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 and can be added
as required by conditions or code.
2. Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. The
applicant is advised that unmet code provisions, or code provisions that are not specifically
listed as a condition of approval, does not, in any way, create a waiver or other relaxation of
the lawful requirements of the Bozeman Municipal Code or Montana law. Sections 3 and 4 of
this report identify conditions and code corrections necessary to meet all regulatory
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standards. Therefore, upon satisfaction of all conditions and code corrections the
subdivision will comply with the local subdivision regulations.
City Commission Findings: The Bridger Meadow plat application does not comply with
requirements of Montana Code Annotated section 76-3-501 or local subdivision regulations
found in Chapter 38, Articles 3, 4, and 6 of the Bozeman Municipal Code. Specifically, the
application does not comply with zoning regulations regarding: the coordination of roads
and provision of adequate transportation, including street configuration and connectivity;
public access; unnecessary environmental degradation, including development within
watercourse setbacks; the danger of injury to public health, safety and welfare in diminished
ability to provide public services in the event of fire and flood hazards because only one
means of vehicular public access is provided in the application. For specific findings see the
attached findings of fact for the associated PUD. The criterion is not met.
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 November 11, 2020 and was deemed inadequate for further
review on December 22, 2020. Revised application materials were received on March 10,
2021 and May 14, 2021. The City deemed the application adequate for review on May 19,
2021. Public hearings are scheduled for June 21 and July 20, 2021.
The hearings before the Planning Board and City Commission were properly noticed as
required by the Bozeman Municipal Code. Based on the recommendation of the DRC and
other applicable review agencies, as well as public testimony received on the matter, the
Planning Board forwarded a recommendation of approval to the City Commission who made
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 must approve, conditionally approve or deny the
subdivision application by August 11, 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 public comment
has been received and is outlined below.
On June 16, 2021 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board. On July 8,
2021, the staff report incorporating the Planning Board’s recommendation was completed
and forwarded with a recommendation of conditional approval for consideration to the City
Commission.
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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.
City Commission findings: The City Commission found that because the preliminary
planned unit development application and its necessary requested relaxations was denied,
the preliminary plat does not comply with multiple zoning standards as detailed in PUD
Application 20350 findings of fact, including: BMC sections regarding PUDs 38.430.010 and
38.430.030.A.4.c; plan review criteria found in section 38.230.100; and specific community
design provisions, including 38.400.010.A.2, 5, 8 and 9, 38.400.010.B and C, 38.410.040,
38.410.090, 38.410.100; and several of the PUD review criteria in section 38.430.090.
Because the preliminary plat does not comply with several provisions of the BMC, this
criterion and the primary review criteria as discussed below are not met; nor can the
deficiencies be reasonably mitigated with the application as submitted as required in 76-3-
608(4) and (5) MCA.
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 4 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 rights of way. Code provision 5, 6, 7, and 22
state that utility easements need to be provided along front yards and are to be granted with
the final plat in accordance with standards. Access must be provided to all sanitary sewer
lines and manholes.
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. The subject property is accessed from an internal drive through the Links
Condominium development off Birdie Lane to the east. A Public Access and Utility Easement
between Golf Course Partners and Bridger Center, LLC grants access to the property through
the Links Condominium Development. This is the only public legal and physical access to the
site for vehicles and all lots are accessed from this internal drive. Condition of approval 14
recognizes the legal challenge to this public access easement and requires a valid, recorded
public access easement prior to final plat approval. If the easement cannot be provided the
project fails this requirement from 76-3-608(3)(d) and the subdivision cannot be platted. A
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relaxation with the PUD is requested for only one access to the site when two are required
as outlined in the PUD staff report. The DRC is in support of this request.
A secondary emergency access is provided at the south of the development between lots 15
and 16 for emergency vehicles. Condition of approval number 12 requires a maintenance
agreement to be provided with the final plat.
City Commission Findings: The Commission found that the proposed physical access to each
parcel violated sections 38.400.010.A.2, 5, 8, and 9, BMC, and that the proposed mitigation
measures, including a secondary emergency access in close proximity to the only means of
public access, the use of an unusually long dead end street that terminates in a cul-de-sac,
and the lack of through streets, were unacceptable to ensure public health, safety, and
welfare, the convenient movement of traffic, and the provision of emergency services.
Consequently, this criterion is not met.
Primary Subdivision Review Criteria, Section 76-3-608
1. The effect on agriculture
This subdivision will not impact agriculture. There is no agricultural production on the
property. The subject property is designated as Urban Neighborhood according to the City
of Bozeman Community Plan.
2. The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. A domestic well exists on
the property that will be abandoned in accordance with the Montana Department of
Environmental Quality (MDEQ).
3. The effect on Local services
Water/Sewer – Water and sewer systems exist to serve the subdivision. The subdivider
proposes to extend water and sewer mains to the subdivision. Code provision 7 requires a
city standard sewer easement where the sewer system is located. 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 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. Water rights exist for the
subject property, the applicant proposes to transfer to the City ownership existing water
rights as outlined in code provision 8.
Streets – The Growth Policy and subdivision standards require adequate connectivity of a
development to the street grid. Access is taken from Birdie Drive to the east via a drive aisle
that goes through the Links Condominium to the site. This drive aisle will be privately
maintained by the POA. A secondary access is an emergency vehicle access from the south
off Commercial Drive. As outlined in condition of approval number 12, a maintenance
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agreement between the City and associated parties must be provided with the final plat for
this secondary access. The City has the right to enforce clear access since there will be a
public road easement. The POA will maintain the access. Condition number 13 outlines that
this access can also be utilized by the public and the City.
A preliminary public access easement between Golf Course Partners and Bridger Meadows
Development has been provided to the City. Golf Course Partners owns the land in which
the Links Condominium development is located. As outlined in condition of approval
number 14, the valid, recorded easement must be documented on the final plat in order for
the project to have legal access.
A relaxation with the PUD to allow for a narrower street of 50 feet wide rather than the 60
feet wide local street width lot is requested. The drive itself meets City local street
standards including curb-to-curb width, slopes, and horizontal alignment. The drive ends at
a cul-de-sac, which are typically prohibited unless they are deemed necessary due to site
constraints and lack of options for legal access. A relaxation with the PUD requests the use
of a cul-de-sac which has been found to be necessary for providing adequate access to the
lots.
A sidewalk is provided on the west side of Shady Glen Lane rather than on both sides of the
street. A relaxation with the PUD requests that there only be a sidewalk on one side of the
street since the East Gallatin trail system is on the north side of the street.
City Commission Findings: Because the relaxation requests of the PUD application were
denied, the preliminary plat application does not comply with zoning code requirements
and has a negative impact on the local street network. As detailed in the findings of fact for
PUD application 20350, there are no through streets provide connectivity to other
neighborhoods and the proposed cul-de-sac does not comply with the City’s “complete
streets” policy. This criterion is not met.
Police/Fire – The area of the subdivision is within the service area of both these
departments. No concerns on service availability have been identified.
City Commission Findings: The PUD relaxation requests to provide only one means of
public vehicular access along with a secondary means of emergency access located in close
proximity, terminate the only access road in a cul-de-sac, and provide only one very long
block were denied because, taken as a whole, the limited ingress and egress to the
development would hinder the provision of emergency services to residents and
unacceptably jeopardize public health and safety. Therefore, the preliminary plat
application negatively impacts the ability to ensure adequate police, fire and emergency
access to the subdivision and this criterion is not met.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Each individual lot will have roof drainage routed to rain barrels or on site
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infiltration facilities or to surface drain the runoff to the street to drain into stormwater
storage, infiltration and treatment facilities. The maintenance of the stormwater facilities is
the responsibility of the POA as outlined in condition of approval 7. Inspection of installed
facilities prior to final plat will verify that standards have been met.
Parklands – Parkland will be provided through cash-in-lieu of a land dedication equating to
.54 acres. As the subject property is adjacent to Glen Lake Rotary Park to the west and
Story Mill Community Park to the south, the Parks Division determined that physical land
was not necessary. Cash-in-lieu of parkland is required with the final plat as outlined in
condition 17.
4. The effect on the Natural environment
No significant negative impacts to the natural environment have been identified. Where
intact wetlands and watercourses are present, setbacks have been delineated and
identified pursuant to BMC 38.410.100. A 50 foot watercourse setback impacts lots 4-15. A
relaxation to reduce the watercourse setback along these lots is requested with the PUD.
Condition number 17 outlines that no structures can be built within the watercourse
setback. Fill will be placed within the wetlands in order to mitigate for the proposed
watercourse buffer width reductions. In order to mitigate for the proposed watercourse
buffer, native grasses will be planted within and along the buffer. Code provision 14 states
that a watercourse planting plan must be prepared that identifies the maintenance of the
watercourse setback landscaping and that must be installed or financially guaranteed prior
to final plat approval.
Condition 16 requires appropriate permitting from the Gallatin County Conservation
District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers
when there is any disturbance of wetlands on site.
There is a 100-year floodway on the west side of the property. There is a proposed fill that
is localized to lots 3-6 and 9-12. The excavation area is a historic artificial fill from an old
road or railroad bed that is taking up space within the existing floodplain. This fill was
placed prior to the current FEMA floodplain mapping and report. This project proposes to
restore elevations to resemble the elevations prior to fill placement which will increase the
flood storage volume. Condition 15 requires a floodplain permit to be approved prior to
final plat approval. In total, there will be .09 acres of impacts on the wetlands and .41 acres
of impacts to the floodplain area. No additional mitigation to the floodplains and wetlands
are required beyond general permits as the impacts are under 1/10th of an acre.
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 7c 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
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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.
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 open space and
boulevard strips landscaping with wells.
City Commission Findings: As explained in the PUD application 20350 findings of fact, the
Commission found that the impact of allowing development in the watercourse setback
was unacceptable and denied the requested relaxation to the setback included in the PUD.
Much of the land in this subdivision is within the flood plain or a watercourse setback and
there are extensive wetlands on the property. Although the developer proposed to protect
wetlands by maintaining them as open space, the vast majority of the developable lots
proposed (lots 6 through 15) encroach into the 50 foot connected wetland buffer
established to protect wetlands and many of the lots are within the perimeter of the
existing 100 year floodplain. The municipal code prohibits most residential development
within the 100 year floodplain (lots 3 through 6 and lots 9 through 12). Impacts of
allowing development in these areas include disturbance of natural vegetation, filling of
wetlands and floodplain, decrease of habitat, and endangering structures in the event of a
flood. Therefore, the Commission found that the proposed development created significant
negative impacts to the natural environment and this criterion is not met.
5. The effect on Wildlife and wildlife habitat
Wildlife habitat exists on the subject property. In a statement from the Montana Fish,
Wildlife and Parks (MFWP) states that wildlife conflicts have happened in the area with
black bears, moose, and mountain lions. The MFWP gave recommendations to assist in
mitigating the conflicts during construction, landscaping, and post construction. They also
stated that the development alone is not likely to negatively impact big game at a
population level as the area is a small parcel and most will be preserved in open space.
The open space will contain a 7.15 acre wildlife refuge which is contiguous to the 47 acre
Glen Lake Rotary Park. This connection between the open spaces amplifies benefits to the
wildlife in the area. Protective covenants for the property place restrictions, limitations,
and regulations on all activities that may have any adverse effect on wildlife, native plants,
and fisheries. The critical areas will be preserved by avoidance and any areas disturbed
during construction will be reclaimed through plantings of diverse riparian vegetation.
City Commission Findings: As noted above, the impacts to wildlife are included in the
impacts to the natural environment. Adverse impacts to wildlife and habitat include
diminishing the amount of habitat available due to the encroachment of development into
the connected wetland setback and filling of wetlands. The criterion is not met.
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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. All infrastructure will meet City standards and the
improvements to the watercourses will not impact the current floodplains on the project
site nor will they increase flood risk on the property or surrounding properties.
City Commission Findings: As detailed in the PUD Application 20350 findings of fact, the
Commission found that several of the deviations requested from code standards combined
to create significant adverse impacts to public health, safety and welfare. Specifically the
proposed means of ingress and egress to the subdivision, including the lack of a second
public access point to the subdivision, the proximity of the emergency access to the sole
vehicular public access point, the cul-de-sac layout, and block length would hinder the
evacuation of residents and the provision of emergency services in the event of an
emergency or natural disaster. Commissioners expressed concern about the negative
impacts to future public health and safety due to the precedent that would be set if the
several deviations from code requirements were allowed in this instance. The criterion is
not met.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on September 25,
2019. The DRC found that more information was needed prior to the application going
forward to preliminary plat so revisions were submitted on February 5, 2020.
Staff offers the following summary comments on the supplemental information required
with Article 38.220.060, BMC.
1. 38.220.060.A.1 Surface Water
The property contains natural and artificial surface water systems as identified in the C-1
Site Grading Plan and Drainage Plan. The East Gallatin River has a FEMA defined and
regulated 100-year floodplain and floodway. Artificial surface waters on-site include an
artificial lined pond in the southwestern quadrant of the site, a detention pond north of the
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site, an on-site detention pond in the southwest corner of the site, and an existing drainage
ditch along Boylan Road at the northeastern corner of the site. The drainage ditch runs
continuously due to ground water discharge from a French drain groundwater collection
system. The lined pond fills with groundwater and overflows west to the East Gallatin
River.
2. 38.220.060.A.2 Floodplains
The East Gallatin River floodplain is located within the project area. There is a 100-year
floodway that is unaffected by the project on the west side of the development. Any fill
within the floodplain fringe will require a floodplain permit from the City of Bozeman. A
minor amount of fill on the edge of the floodplain fringe and outside of the floodway is
expected. None of this fill will be placed until the CLOMR-F and City floodplain permit are
approved.
3. 38.220.060.A.3 Groundwater
Data collected from monitoring wells registered a minimum depth to groundwater of 3.6
feet and a maximum depth of 4.4 feet in 2015 and a minimum depth of 5.7 feet and a
maximum depth of 7.1 feet in 2020. No special steps or procedures are needed to protect
the groundwater from degradation. Much of the development will require soil fill to bring
finished grade to an elevation suitable for cover soil above proposed gravity sewer mains.
The additional fill material will further protect the groundwater.
Condition of approval 7 restricts the use of basements and crawl spaces due to high
groundwater. The geotechnical report is included in the application materials.
4. 38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. The sediment in
the area consists of various homogenous mixtures of boulders, cobbles, gravel, sand, clay
and volcanic ash. There are no geological hazards located on the property.
Two unusual or manmade features that exist onsite are the mitigated constructed pond and
a remnant Union Pacific railroad bed. Neither feature has any geological significant or
presents any geological hazard that would prevent development of the property.
The building sites’ parent soils provide suitable bearing support for foundations or
concrete slab construction. The top soil and subsurface soil are unsuitable for support of
foundations.
5. 38.220.060.A.5 Vegetation
The main vegetative communities found on the property consists of Paulstrine shrub
broadleaf deciduous forest, wetlands, and a fallowed hay pasture grassland. The forested
areas were dominated by sandbar willow, red-osier dogwood, woods rose, quaking aspen
and Bebb’s willow, alder, and canary reed grass. Wetland areas of the subject site were
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characterized by plant communities. A large percentage of vegetated wetlands and riparian
areas onsite are supported by saturated groundwater conditions rather than inundation of
floodwaters.
Noxious weeds exist onsite. A weed management plan was provided and a final noxious
weed control is required with the final plat as outlined in code provision number 23. Best
management practices will be installed prior to project initiation to ensure that stormwater
runoff from the areas of ground disturbance will be contained and treated onsite during
construction. Low impact development designs such as infiltration galleries and bioswales
will be incorporated into the project’s final landscape design. These design features will
help with water conservation and serve as a supplementary water source for newly planted
and established vegetation.
6. 38.220.060.A.6 Wildlife
Wildlife habitat exists on the property. The applicant is proposing 7.15 acres of wetland
refuge. The development has been designed to limit pet and human activity within the
wildlife refuge. Protective covenants will place restrictions, limitation, and regulations on
all activities that may have any adverse effect on wildlife. See discussion above under
primary review criteria.
7. 38.220.060.A.7 Historical Features
There are no known historical features located within the property. If any historic items
are discovered during construction, the State Historic Preservation Office will be contacted.
8. 38.220.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. See discussion above under
primary review criteria.
9. 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.
10. 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. The water system will be a new
looped connection from Boylan Road to the north through Shady Glen Lane and connect to
the existing water main in the Links Condominiums. See discussion above under primary
review criteria.
11. 38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. The stormwater
systems will be maintained by the Bridger Meadows POA. See discussion above under
primary review criteria.
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12. 38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. As stated
above under primary review criteria, public access to the site will come from Birdie Drive
through the Links Condominium development and a secondary emergency access
easement from the south off Commercial Drive. A traffic impact study was not required by
the City Engineering Division. See primary review criteria above for further information.
13. 38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. A standard ten foot front utility
easement will be provided across all lots. See discussion above under primary review
criteria regarding extension of water and sewer. All private utilities are available in the
area.
14. 38.220.060.A.14 Educational Facilities
A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools.
The proposed development will be in the Hawthorne Elementary School, Chief Joseph
Middle School and Bozeman High School attendance areas. At this time, the schools can
accommodate the proposed development, however, the elementary schools are nearing
capacity. The bus systems can accommodate the estimated number of additional students.
15. 38.220.060.A.15 Land Use
There are 16 residential lots proposed on the subject property and 3 areas of open space
totaling 7.68 acres.
16. 38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
17. 38.220.060.A.17 Neighborhood Center Plan
Glen Lake Rotary Park and Story Mill Community Park serve as the Bridger Meadows
neighborhood center as it is exempt from the requirement to create a new one since it is
within one-half mile of an existing neighborhood center. In addition, the Bridger Meadows
site is located 1.1 miles from the Rouse and Tamarack streamline bus route, within 100
yards of the businesses located within Commercial Drive and Bridger Center Drive, and
within one mile of services located in the Cannery District.
18. 38.220.060.A.18 Lighting Plan
The project proposes residential night sky compliant lamp posts as part of each lot’s
development.
19. 38.220.060.A.19 Miscellaneous
Public Lands: The proposed development is directly adjacent to Glen Lake Rotary Park and
is approximately .16 miles from Story Mill Park, which also serves as the Bridger Meadows
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Neighborhood Center. The project will create a 7.15 acre (60.2% of the total site area)
wildlife refuge.
Hazards: No known health or safety hazards are on or near the proposed subdivisions
Wildlands-Urban Interface: Not applicable
20. 38.220.060.A.20 Affordable Housing
The City’s Legal Division has advised that due to the state’s adoption of HB 259 related to
inclusionary zoning, the City will not enforce the requirements for affordable housing cash
in lieu as originally required during the preliminary plat and as reflected in the findings of
fact. The affordable housing plan and plat notes related to affordable housing and cash in
lieu have been removed from this application or will be eliminated prior to final plat.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. Pursuant to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted. The applicant presented to the City a proposed preliminary plat application
to allow for a residential development affiliated with a preliminary planned unit
development that requested six relaxations to zoning regulations. Approval of the
planned unit development with the six relaxations to standards is necessary prior to
approval of the subdivision.
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 July 20, 2021 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, and summarized the public comment submitted to the City prior to the public
hearing.
D. The applicant 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 July 20, 2021
and 14 members of the public offered testimony on the application as submitted.
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
Article 38.210, 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 amended the proposed motion based on the denial of the planned unit
development which resulted in a subdivision application that did not comply with
zoning standards. Therefore, being fully advised of all matters having come before it
regarding this application, the City Commission makes the following decision:
G. For the reasons stated above and in the PUD application 20350 findings of fact, the
preliminary plat does not meet the requirements of Chapter 76 of the Montana Code
Annotated, nor does it meet the applicable subdivision review criteria, found in Chapter
38 of the Bozeman Municipal Code. As detailed in the analysis section above, the
preliminary plat application relied on approval of several relaxations found in its
accompanying planned unit development application. The Commission denied the PUD
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application citing unacceptable impacts to the environment and to public health, safety,
and welfare. Without approval of the PUD relaxations, the preliminary plat does not
comply with applicable zoning standards, such as street length, general prohibitions on
cul-de-sacs, providing at least two means of public access, and watercourse setbacks.
The offered mitigation for these impacts was insufficient to adequately protect public
health and safety and unacceptably degraded wetlands by allowing development in the
watercourse setback. Therefore, pursuant to the City Commission’s review authority
and the authority found in 38.200.010.H, preliminary plat application 20351 is denied.
H. The basis of the Commission’s decision includes the entire record of this matter,
including the applicant’s materials and presentation, public comment, advisory board
opinions, the staff report and presentation, Commission discussion and questions, and
observations made by Commission members who visited the site.
I. These findings of fact satisfy the requirements in 38.240.130.A.5.e, BMC and Montana
Code Annotated section 76-3-620.
J. This City Commission decision may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County. As outlined in 76-3-625, the petition must be
presented to the court within 30 days after the filing decision of the City Commission.
DATED this ________ day of _____________________, 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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20351, Findings of Fact for the Bridger Meadows Major Subdivision Page 32 of 33
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The intent of the R-1 residential low density district is
to provide for primarily single-household residential development and related uses within
the city at urban densities. These purposes are accomplished by: 1. Providing for a
minimum lot size in developed areas consistent with the established development patterns
while providing greater flexibility for clustering lots and housing types in newly developed
areas. 2. Providing for such community facilities and services as will serve the area's
residents while respecting the residential character and quality of the area.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Urban Neighborhood.”
This category primarily includes urban density homes in a variety of types, shapes, sizes,
and intensities. Large areas of any single type of housing are discouraged. In limited
instances, an area may develop at a lower gross density due to site constraints and/or
natural features such as floodplains or steep slopes. Complementary uses such as parks,
home-based occupations, fire stations, churches, schools, and some neighborhood-serving
commerce provide activity centers for community gathering and services. The Urban
Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development. Applying a
zoning district to specific parcels sets the required and allowed density. Higher density
residential areas are encouraged to be, but are not required or restricted to, proximity to
commercial mixed use areas to facilitate the provision of services and employment
opportunities without requiring the use of a car.
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 June 6, 2021. The site was posted with a notice on June 6, 2021
and a legal advertisement was published in the Bozeman Daily Chronicle on June 6, June 20,
and July 18, 2021. Content of the notice contained all elements required by Article 38.220.,
BMC.
Public comment has been received in opposition of the project and can be found at the
following link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=237629&dbid=0&repo=BOZEMA
N&cr=1
APPENDIX C – PROJECT BACKGROUND
The subject property was annexed into the city in May 2018 with R-1 zoning.
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APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant/Representative: Bridger Center LLC, 3701 Tracker Trail, Suite 1B #20,
Bozeman, MT, 59718
Findings of Fact Prepared By: Sarah Rosenberg, AICP, 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 #20351, 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.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=228055&cr=1
This project can be viewed on the Community Development Viewer interactive map
directly with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-351
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