HomeMy WebLinkAbout22- Findings of Fact - Prelim Plat21447, Findings of Fact, Eastlake Professional Center Minor Subdivision Preliminary Plat Mod Page 1 of 25
Bozeman City Commission Findings of Fact and Order for the Eastlake
Professional Center Minor Subdivision Preliminary Plat Modification, 21447
Finding of Fact Public Hearing Date: City Commission, March 22, 2022
Preliminary Plat Modification Public Hearing Date: City Commission meeting was held on
March 1, 2022 at 6:00 pm. Via WebEx. https://www.bozeman.net/government/city-
commission/city-commission-video
Project Description: A modification of an approved Eastlake Professional Center subsequent
minor preliminary plat subdivision of a 7.65-acre property to create four commercially-
zoned lots.
Legal Description: The property is legally described as Lot 1A of the Minor Subdivision 221E.
Project Location: The property is unaddressed and is located in Section 26, Township 01 South,
Range 05 East, PMM, Bozeman, Montana at the southeast corner of N. 27th Avenue and E.
Valley Center Road. The property is zoned B-2M, Community Business District—Mixed.
Development Review Committee (DRC) Recommendation: On January 7, 2022, the DRC
determined that the application conforms to Bozeman Municipal Code (BMC) standards
and is sufficient for approval with staff-recommended conditions and code provisions.
City Commission Decision on the Preliminary Plat Modification: On March 1, 2022, having
reviewed and considered the application materials and all the information presented, the
City Commission, by a vote of 5 to 0, adopted the findings presented in the staff report for
application 21447 and approved the Eastlake Professional Center Minor Subdivision
Preliminary Plat Modification with conditions and subject to all applicable code provisions.
City Commission Recommended Motion for this Finding of Fact and Order: “Having
reviewed and considered the application materials and all the information presented, I
hereby adopt the findings presented in the Findings of Fact and Order staff report for
application 21447 and move to approve the Eastlake Professional Center Minor
Subdivision Preliminary Plat Modification with conditions and subject to all applicable
code provisions.”
Report Date: March 3, 2022
Staff Contact: Susana Montana, Senior Planner
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Modification application
on November 29, 2021 requesting a modification to the approved Eastlake Professional Center
Subsequent Minor Subdivision Preliminary Plat, dividing one 7.65 acre lot into four commercially-
zoned lots. The current 7.65 acre Lot 1A of Minor Subdivision No. 221E is undeveloped land.
This Preliminary Plat (PP) was conditionally-approved on August 10, 2021 by signature of the
Mayor on a Findings of Fact Order after a June 8, 2021 public hearing before the City Commission
to discuss the merits of the subdivision application. The modifications would allow the Applicant
to request concurrent construction of infrastructure for the subdivision while constructing a
building and site improvements on the new Lot 4. The modifications now sought relate to revised
conditions of approval and code requirements of the previously-approved PP which reflect
assurances for the proposed infrastructure improvements as well as removal of conditions that are
already completed/met.
Purpose of the Modification. Subsequent to the August 2021 approval of the PP, the
Applicant discovered that he needed to request concurrent construction of public and private
infrastructure for this subdivision. The Bozeman Municipal Code (BMC) Section
38.270.030.B.1.a, Completion of Improvements, requires all improvements to subdivisions to be
completed and approved by the City before any building permit for any lot within the subdivision
can be issued. The exception to this rule is when the Applicant requests concurrent construction
of infrastructure improvements at the initial application for the subdivision—at preliminary plat
application. The Applicant for this subdivision did not request concurrent construction or submit
an Improvements Agreement request at the initial submittal of the PP. This Modification to the
previously approved PP represents the proper route for submittal of the Concurrent Construction
request, pursuant to 38.270.030.D Exception for Concurrent construction, and allows the
Applicant to request to enter into an Improvements Agreement (IA) and financial sureties for those
improvements, pursuant to 38.270.030.B.1.b.2.
The PP map remains the same as was approved in August 2021. Since that time, however, some
of the original conditions of approval and BMC code provisions have been met by the Applicant
and are no longer listed in the PP recommended conditions and code provisions. Remaining unmet
conditions and code provisions from the August 2021 PP approval are carried forward to this PP.
This Modification to the PP would add six new BMC code provisions that must be met with the
Final Plat. These code provisions would allow the Applicant to submit an Improvements
Agreement and Financial Surety documents to assure that roads, water and sewer lines, stormwater
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ponds, landscaping in public rights-of-way and other improvements for the subdivision would be
completed, inspected and accepted by the City prior to issuance of any certificate of occupancy for
any building within the subdivision, such as that of Lot 4. Importantly, it would allow the
Applicant to submit building permits for the medical office building on Lot 4 and, when approved,
to construct the building and site improvements concurrently with the construction of private and
public infrastructure for the subdivision.
The request for concurrent construction requires the addition of the following standard code
provisions which are shown as Numbers 5 through 10 on pages 12 and 13 of this report.
1. BMC 38.270.030.D.2 - The property owner must enter into an improvements agreement to
ensure the installation of required infrastructure and other applicable improvements, to be
secured by any security or securities found in section 38.270.080. If a financial security is
used, the amount would be determined by the City and in an amount not less than 150
percent of the cost of the improvements verified against City publicly bid unit prices, where
such are available. If no publicly bid unit prices are available, any cost estimate acceptable
to the City may be used. The security must be in the name of the City and must be at least
six months longer than the time of performance required by the improvements agreement.
2. BMC 38.270.030.D.4 - Approval of the final engineering design, including location and
grade, for any public infrastructure must be obtained from the Montana Department of
Environmental Quality prior to issuance of any building permit for the development.
3. BMC 38.270.030.D.6 - The developer must provide and maintain hazard and commercial
general liability insurance. Insurance policies must not be cancelled without at least 45
days prior notice to the City. The commercial general liability policy must name the City
as an additional insured. The developer must furnish evidence, satisfactory to the City, of
all such policies and the effective dates thereof.
4. BMC 38.270.030.D.10 - The developer must execute a hold harmless and indemnification
agreement indemnifying, defending and holding harmless the City, its employees, agents
and assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising out of the issuance of a building permit
under this section.
5. BMC 38.270.030.D.14 - Subsequent to preliminary plat or plan approval, a concurrent
construction plan, addressing all requirements of this section, must be submitted for review
and approval of the Community Development Director in consultation with the City
Engineer and with a recommendation from the development review committee.
6. BMC 38.240.400.A - Where improvements are to be installed prior to final plat approval,
the final plat of subdivision must contain a certificate of completion of public
improvements. The certificate must list all completed and accepted improvements.
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Preliminary Plat Description and Review Process
This subdivision is a subsequent minor subdivision from a previously recorded minor subdivision
of a tract of record and, per 38.240.140.A.2 and MCA 76-1-107, the Planning Board delegates its
review of all minor subdivisions from a tract of land of record to the Community Development
Director. Therefore, the Community Development Board, acting as the Planning Board, does not
review this application.
Pursuant to BMC 38.200.010.A, 38.240.100 and 38.240.150.A, the City Commission must review
and take action on all proposed subdivisions via either a public meeting or a public hearing.
Pursuant to 38.240.130, subsequent minor preliminary plats require a public hearing before the
City Commission. On January 7, 2022, the Development Review Committee (DRC) found this
application adequate for public notice and review by the City Commission. Pursuant to BMC
38.240.100, the final decision for a subsequent minor subdivision preliminary plat must be made
by the City Commission within 60 working days of the date it was deemed adequate or, in this
case, by April 4, 2022. The City Commission public hearing on this application was held on March
1, 2022. This Finding of Fact and Order hearing is scheduled for March 22, 2022.
The subdivider does not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this report.
Alternatives
1. Approve the application with the recommended conditions and code provisions;
2. Approve the application with minor clarifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations and all the information presented, they made individual
findings and voted 5 to 0 to approve the motion to approve the subdivision preliminary plat
modification application. The Commission agreed that the application met the criteria established
by the Bozeman Municipal Code (BMC). Therefore, the application was approved with conditions
and applicable code provisions outlined in these findings.
This report is based on the submitted application materials. The application materials are available
in the City’s Laserfiche archive and may be accessed through the Community Development viewer
as well. No public comments have been received as of the writing of this report. Should written
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public comments be received, they would be included in the City’s Laserfiche archive and
available to the public.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under March 1, 2022:
https://www.bozeman.net/government/city-commission/city-commission-video
TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................................................... 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES ....................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................ 10
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................... 10
SECTION 4 – BMC CODE PROVISION REQUIREMENTS .............................................. 11
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ...................................... 14
SECTION 6 – STAFF ANALYSIS AND FINDINGS ............................................................. 14
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ............... 14
Primary Subdivision Review Criteria, Section 76-3-608………………………… …16
Compliance with BMC 38.220.060. adopted standards............................................... 18
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS .................. 20
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................. 23
APPENDIX B – NOTICING...................................................................................................... 25
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................... 25
FISCAL EFFECTS ..................................................................................................................... 25
ATTACHMENTS ....................................................................................................................... 25
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
21447
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Exhibit 2 – Community Plan 2020 Future Land Use
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Exhibit 3 – Current Land Use Map
Undeveloped
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Exhibit 4 – Existing Adopted and Proposed Preliminary Plat (no physical change)
Lot 4
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
The following conditions of approval and code provisions are offered to satisfy City and relevant
State requirements as well as site-specific mitigation for potential adverse impacts associated with
development of the proposed subdivision. The conditions of approval are in addition to the
required BMC code provisions identified in this report. The conditions are specific to this
preliminary plat application. Staff has considered the impacts as identified in the staff analysis
and application materials and the conditions of approval are deemed reasonably-related and
roughly-proportionate to the development of this subdivision.
Recommended Conditions of Approval:
1.38.410.060. Easements.The existing 10 foot utility easement must be released and
cannot be shown on the final plat.
2.38.400.060. Street Improvements. The Applicant must provide and file with
the County Clerk and Recorder's office City-approved and Applicant-executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) for the
following:
a.Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
and storm drainage;
b.Street improvements to Catamount Street including paving, curb/gutter, sidewalk,
and storm drainage;
c.Street improvements to East Valley Center Road including paving, curb/gutter,
sidewalk, and storm drainage;
d.Intersection improvements to North 27th Avenue and Catamount Street;
e.Intersection improvements to East Valley Center Road and Catamount Street;
f.Intersection improvements to North 27th Avenue and East Valley Center Road;
g.Intersection improvements to North 19th Avenue and East Valley Center Road; and
h.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 said 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 the City Engineer with a copy of the filed SID
waivers prior any future development of the subdivision.
3.The proposed project falls within the Bozeman Solvent Site boundary. The property is
underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells
may be installed on this property and any excavation and dewatering would require
additional construction oversight. Please contact the Montana Department of
Environmental Quality for additional information on construction requirements within the
solvent site area.
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4.The Applicant and prospective buyers of lots within the subdivision are hereby alerted that
development of the Site is reliant on completion of offsite water and sewer infrastructure
associated with the Billings Clinic Ambulatory Destination Center Phase 1 Site Plan.
These improvements are under the control of a third-party developer and contractor and,
therefore, are not eligible for Concurrent Construction. These improvements must be
completed and accepted by the City prior to Final Plat approval of this Eastlake
Professional Center Preliminary Plat.
5.Due to high groundwater on the property, the following notation shall be placed on the
Conditions of Approval Sheet of the final plat: “Due to known high groundwater conditions
in the area, no basements will be permitted with future development of the site. No crawl
space 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 gutters where they may create a safety hazard for pedestrians and vehicles.”
SECTION 4 – BMC CODE PROVISION REQUIREMENTS
1.BMC 38.100.080. Compliance with regulations required. The Applicant is
advised that unmet Bozeman Municipal Code (BMC) 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 BMC or of State law.
2.38.220.070. - Final plat.
a.The final plat must conform to all requirements of the Bozeman Municipal Code
and the Uniform Standards for Monumentation, Certificates of Survey, and Final
Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM) and
must be accompanied by all required documents, including certification from the
City Engineer that record drawings for public improvements were received, a
platting certificate, and all required and corrected certificates.
b.A letter from the City Engineer certifying that the following documents have been
received:
i.As-built drawings, i.e., copies of final plans, profiles, grades and
specifications for public improvements, including a complete grading and
drainage plan.
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c.Irrigation system as-builts. The developer must provide irrigation system as-builts,
for all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
d.A conditions of approval sheet addressing the criteria listed in this section must be
provided with the final plat as set forth in 24.183.1107 ARM and must:
i.Be entitled "Conditions of Approval of the Eastlake Professional Center
Subsequent Minor Subdivision" with a title block including the quarter-
section, section, township, range, principal meridian, county, and city in
which the subdivision is located.
ii.Contain any text and/or graphic representations of requirements by the
governing body for final plat approval including, but not limited to, setbacks
from streams or riparian areas, floodplain boundaries, no-build areas,
building envelopes, easements or the use of particular parcels.
iii.Include a certification statement by the landowner that the text and/or
graphics shown on the conditions of approval sheet(s) represent(s)
requirements by the City of Bozeman for final plat approval and that all
conditions of subdivision application have been satisfied.
iv.Include a notation stating that the information shown is current as of the
date of the certification, and that changes to any land-use restrictions or
encumbrances may be made by amendments to covenants, zoning
regulations, easements, or other documents as allowed by law or by local
regulations.
v.Include a notation stating that buyers of property should ensure that they
have obtained and reviewed all sheets of the plat and all documents recorded
and filed in conjunction with the plat, and that buyers of property are
strongly encouraged to contact the Community Development Department
and become informed of any limitations on the use of the property prior to
closing.
vi.List all associated recorded documents and recorded document numbers.
vii.List easements, including easements for agricultural water user facilities.
3.38.220.310. - Property owners' association.
a.The responsibility of maintenance for the stormwater facilities, and street
frontage landscaping for the perimeter streets must be that of the property
owners’ association. Maintenance responsibility must include weed control, 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.
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b. All public access areas to be owned and maintained by the property owners
association.
The final plat must contain the above listed notations on the Conditions of Approval sheet.
4. 38.600.160. - Administration of regulations.
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 prior to final plat submittal.
[The following numbers 5 through 10 are related to the request for concurrent construction
of infrastructure for the subdivision.]
5. 38.270.030. D.2 – Improvements Agreement. The property owner must enter into
an improvements agreement to ensure the installation of required infrastructure and other
applicable improvements, to be secured by any security or securities found in Section
38.270.080. If a financial security is used, the amount would be determined by the City and
in an amount not less than 150 percent of the cost of the improvements verified against
City publicly bid unit prices, where such are available. If no publicly bid unit prices are
available, any cost estimate acceptable to the City may be used. The security must be in
the name of the City and must be at least six months longer than the time of performance
required by the improvements agreement.
6. 38.270.030. D.4 – Improvements Agreement. Approval of the final engineering
design, including location and grade, for any public infrastructure must be obtained from
the Montana Department of Environmental Quality prior to issuance of any building permit
for the development.
7. 38.270.030. D.6 – Liability Assurances. The developer must provide and maintain
hazard and commercial general liability insurance. Insurance policies must not be cancelled
without at least 45 days prior notice to the City. The commercial general liability policy
must name the City as an additional insured. The developer must furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof.
8. 38.270.030. D.10 – Construction Period Service Provision. The developer must
execute a hold harmless and indemnification agreement indemnifying, defending and
holding harmless the City, its employees, agents and assigns from and against any and all
liabilities, loss, claims, causes of action, judgments and damages resulting from or arising
out of the issuance of a building permit under this section.
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9.38.270.030. D.14 – Concurrent Construction Plan. Subsequent to preliminary
plat or plan approval, a concurrent construction plan, addressing all requirements of this
section, must be submitted for review and approval of the Community Development
Director in consultation with the City Engineer and with a recommendation from the
development review committee.
10.38.240.400. A – Certificate of Completion on the Plat. Where improvements are to
be installed prior to final plat approval, the final plat of subdivision must contain a
certificate of completion of public improvements. The certificate must list all completed
and accepted improvements.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
On January 7, 2022, the Development Review Committee (DRC) determined that the Eastlake
Professional Center Subsequent Minor Subdivision Preliminary Plat Modification application, as
revised, conforms to Bozeman Municipal Code (BMC) standards, was adequate for public notice,
and is sufficient for approval by the City Commission with the above staff-recommended
conditions and code provisions.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a City Commission decision.
The City Commission held a public hearing on this subsequent minor subdivision preliminary plat
on March 1, 2022 via WebEx at 6 PM. This Finding of Fact and Order public hearing is scheduled
for March 22, 2022. A WebEx link is expected to be provided with the City Commission agenda.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal code standards, State statutes, adopted plans, public comment, and all other relevant
materials available during the review period. Collectively this information is the record of the
review. The analysis in this report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
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in the State of Montana. As noted in Condition of Approval No. 1, a 10-foot utility easement must
be released prior to final plat approval. Code Provision Numbers 1 and 2 assures that the final plat
would comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal
Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman Municipal
Code. In Code Provision No. 1, the subdivider is advised that unmet code provisions, or code
provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections
3 and 4 of this report identify conditions and code provisions necessary to meet all municipal and
State standards. The listed code provisions address necessary documentation and compliance with
standards these. Therefore, upon satisfaction of all conditions and code corrections the subdivision
would comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The March 1, 2022, Bozeman City Commission public hearing was properly noticed in accordance
with the Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony received
on the matter, the City Commission would make the final decision on the subdivider’s request.
The Department of Community Development received a preliminary plat modification application
on November 29, 2021. The DRC reviewed the application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review of
the proposed subdivision. A revised application was received on and the DRC determined the
application was adequate for continued review on January 7, 2022 and recommended conditions
of approval and code corrections for the staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Friday, February 4. 2022 for postings on Sundays,
February 6 and February 13, 2022. The Applicant posted public notice on the subject property on
February 4, 2022. The Applicant sent public notice to physically adjacent landowners via certified
mail, and to all other landowners of record within 200-feet of the subject property via first class
mail, on February 4, 2022. No public comment had been received on this application as of the
writing of this report.
On February 14, 2022, staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat modification application with a recommendation of conditional
approval for consideration by the City Commission at their March 1, 2022 public hearing. The
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City Commission must make a final decision on a subsequent minor subdivision preliminary plat
within 60 working days of the January 7, 2022 date this application was deemed “adequate”, in
this case, the 60 working day period ends on April 4, 2022. This Finding of Fact and Order public
hearing before the City Commission is scheduled for March 22, 2022.
4) Compliance with BMC Chapter 38, MCA 76-3-608(3) (a), and other relevant regulations.
Community Development staff and the DRC reviewed the preliminary plat modification against
all applicable regulations and the application complies with the BMC and all other relevant
regulations with conditions and code corrections. This report includes Conditions of Approval and
required BMC Code Provisions as recommended by the DRC for consideration by the City
Commission to complete the application processing for final plat approval. All municipal water
and sewer facilities would conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
MCA Criteria, Section 76-3-608 Compliance
1)The effect on agriculture
This subdivision would not impact agriculture. The property is currently undeveloped land,
covered in native grasses and there is no agricultural production on the property. The City of
Bozeman Community Plan Future Land Use Map designates the subject property as Regional
Commercial and Services which allows for commercial uses and the property is zoned B-2M,
Community Business District--Mixed.
2) The effect on Agricultural water user facilities
This subdivision would not impact agricultural water user facilities as no irrigation facilities
are present on the property. Condition No. 3 would assure that the underlying aquifer
contaminated by PCE solvent would not be disturbed by development of the property.
3) The effect on Local services
Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property.
It is anticipated that mains would be constructed to the west side of North 27th with the Billings
Clinic project, prior to Phase 1 construction per Condition of Approval No. 4.
Utilities – Utilities to serve the site would be constructed with Phase 1 and would connect to
the new mains to be constructed with the Billings Clinic development to the west.
NorthWestern Energy would be providing gas and electrical services to the proposed
subdivision.
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Streets – Improvements to North 27th Ave. from E. Valley Center Road to Honor Lane would
include full build out to City of Bozeman collector designation cross section standards and full
construction of Honor Lane from North 27th to the southeast corner of the property would be
constructed with Phase 1.
Police/Fire – The City’s Police and Fire emergency response area includes the subject
property. This subdivision does not impact the City’s ability to provide emergency services to
the property.
Stormwater – The subsequent minor subdivision would not significantly impact stormwater
infrastructure. Stormwater infrastructure would be constructed and would be managed by the
property owners’ association per Code Provision No. 7 and would be managed on an individual
lot basis.
Parkland – The proposed subdivision is wholly commercial and is not required to provide
parkland. If and when residential development occurs, parkland would be reassessed at that
time.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions would be made to
address the control of noxious weeds and maintenance of the property and would be further
addressed by inclusion in the existing protective covenants and compliance with the
recommended Code Provision No. 7.
5) The effect on Wildlife and wildlife habitat
The subdivision would not significantly impact wildlife and wildlife habitat. The subdivision
is zoned for commercial development and is surrounded by adjacent commercially-zoned
properties that are either developed or are in the early stages of development. There are no
known endangered or significant wildlife populations on the property.
6) The effect on Public health and safety
With the recommended Conditions of Approval and required Code Provisions, the subdivision
would not significantly impact public health and safety. The intent of the regulations in Chapter
38 of the Bozeman Municipal Code is to protect the public health, safety and general welfare.
The DRC reviewed the subsequent minor subdivision preliminary plat modification and
determined that, with the recommended conditions and code provisions, it is in compliance
with the BMC. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
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Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval
for reasonable mitigation of impacts from the proposed minor subdivision.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
Per Code Provision No. 1, the final plat would provide and depict all necessary utilities and
required utility easements.
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 would provide legal and physical access to each parcel within the subdivision. All
of the proposed lots would have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
BMC 38.220.060. Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan review
on September 16, 2020 and no waivers or variances were requested.
Staff offers the following summary comments on the documents required with BMC Article
38.220.060.
38.220.060. A.1 – Surface water
Although the subdivision is named “Eastlake” Professional Center, there is no lake or any surface
water on or in the vicinity of the site. Cattail Lake and Cattail Creek lie approximately one-quarter
mile to the southwest of the property (“as the crow flies”).
38.220.060. A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. The elevation of the site is higher
than the elevation of the 0.2-percent annual chance flood. This subdivision would not be impacted
by floodplains.
38.220.060. A.3 - Groundwater
Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and results
were provided with the application. Condition of Approval No. 6 prohibits the construction of
basements on individual lots which would mitigate the impacts of high groundwater on the site.
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38.220.060. A.4 - Geology, Soils and Slopes
This subdivision would not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060. A.5 - Vegetation
This subdivision would not significantly impact vegetation. No critical plant communities have
been identified on- site.
38.220.060. A.6 - Wildlife
This subdivision would not significantly impact wildlife. The proposed subdivision does not
contain any known critical, significant or key wildlife areas.
38.220.060. A.7 - Agriculture
This subdivision would not impact agriculture. The City of Bozeman Community Plan designates
the subject property as Regional Commercial and Services and the Community Business District
–Mixed (B-2M) zoning designation allows for commercial uses. The lot is currently undeveloped
land, covered in native grasses and there is no agricultural production on the property.
38.220.060. A.8 - Agricultural Water User Facilities
This subdivision would not impact agricultural water user facilities. No irrigation facilities are
present on the lots.
38.220.060. A.9 - Water and Sewer
The subdivision would not significantly impact city water and sewer infrastructure. Water and
sewer improvements would be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations.
38.220.060. A.10 - Stormwater Management
The subdivision would not significantly impact stormwater infrastructure. Stormwater
infrastructure would be constructed and would be managed and maintained by the property
owners’ association per Code Provision No.7.
38.220.060. A.11 - Streets, Roads and Alleys
The subdivision would not significantly impact the City’s street infrastructure and would provide
adequate improvements to support the development. Condition of Approval No. 2 would assure
adequate road improvements in the area.
38.220.060. A.12 – Non-Municipal Utilities
This subdivision would not significantly impact existing utilities. Utilities to serve the site would
be constructed with Phase 1 and would connect to the new mains to be constructed with the Billings
Clinic development to the west. NorthWestern Energy would be providing gas and electrical
services to the proposed subdivision.
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38.220.060. A.13 - Land Use
The subdivision would not significantly impact land use. The proposed subdivision would create
four lots for commercial uses. The property is zoned B-2M, Community Business District –Mixed
and is designated as a commercial area in the Community Plan 2020. It is anticipated that the
commercial uses of the property would complement the adjacent 50-plus acre medical “campus”
proposed by the Billings Medical Center.
38.220.060. A.14 - Parks and Recreation Facilities
This proposed subdivision is commercial and would not require parkland dedication.
38.220.060. A.15 - Neighborhood Center Plan
This proposed subdivision is commercial and would not require a neighborhood center.
38.220.060. A.16 - Lighting Plan
A lighting plan was submitted with the application for this proposed subdivision. Site and street
lighting would be installed with Phase 1 and conform to City of Bozeman standards.
38.220.060. A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area.
38.220.060. A.18 - Affordable Housing
The subdivision is wholly commercial does not propose any housing.
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A.PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B.The purposes of the preliminary plat review were to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate
the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C.The matter of the preliminary plat modification application was considered by the City
Commission at a public hearing on March 1, 2022 at which time the Department of
Community Development Staff reviewed the project, submitted and summarized code
evaluation of the application and summarized the conditions of approval.
D.The Applicant’s representative, Intrinsik Architecture, Inc., acknowledged understanding
and agreement with the recommended conditions of approval and code provisions.
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E.The City Commission requested public comment at the public hearing on March 1, 2022
and none was received. The linked minutes and recorded video of the meeting is located
at the following web paged filed under March 1, 2022:
https://www.bozeman.net/government/city-commission/city-commission-video
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 modification would comply with the requirements
of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully
advised of all matters having come before them regarding this application, the City
Commission makes the following decision.
G.The preliminary plat modification 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 and this report, justify the conditions imposed on this
development to ensure that the final plat 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. Pursuant to
BMC 38.240.130.A.5.f, the conditional-approval of this minor subsequent subdivision
preliminary plat shall be effective for one (1) year from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the
subdivider, grant an extension to its approval by the Community Development Director for
a period of mutually agreed upon time.
DATED this ______ day of ___________, 2022
BOZEMAN CITY COMMISSION
____________________________
Cynthia L. Andrus
Mayor
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ATTEST
_______________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned B-2M, Community Business District - Mixed. The intent of the B-
2M District 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
building designs are important elements of this district. This property is adjacent to the 50-plus
acre proposed Billings Clinic-Bozeman Medical Campus and it is anticipated that businesses
locating within this Eastlake Professional Center subdivision would be related and compatible
medical services or serving that clientele.
Adopted Growth Policy Designation:
The subject property is designated as Regional Commercial and Services. This category
designates places where the primary activity should be regional-serving and prominent commercial
uses requiring substantial infrastructure and location near significant transportation facilities.
Development within this category needs well-integrated utilities, transportation and open space
networks that encourage pedestrian activity and provide ready-access within and adjacent to
development.
This proposed subdivision is well-suited to implement the Regional Commercial and Services
designation based on the location near major thoroughfares and the adjacency to other commercial
and residential areas that are in various stages of development. The proposed subdivision would
blend well with adjacent properties and uses and includes a pedestrian right-of-way that connects
N. 27th, across from the access to the future Billings Clinic Campus development, to the shared
use path, east of the property.
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Exhibit 5 – Community Plan Future Land Use Designations Correlating to Zoning Districts
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APPENDIX B – NOTICING
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City provided public notice for this application in the following
ways: (1) publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday, February 6 and Sunday, February 13, 2022; (2) the Applicant posted public notice on the
subject property on February 4, 2022; and (3) the Applicant sent public notice to physically
adjacent landowners via certified mail, and to all other landowners of record within 200-feet of the
subject property via first class mail, on February 4, 2022. No public comment had been received
on this application as of the March 3, 2022 writing of this report.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718
Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718
Representative: Intrinsik Architecture, Inc., 111 North Tracy Ave, Bozeman, MT 59715
Report By: Susana Montana, Senior Planner
Cody Flammond, Project Engineer
FISCAL EFFECTS
No unusual fiscal effects have been identified due to Condition of Approval No. 2 which requires
the Applicant to waive the right to protest creation of Special Improvement Districts for street
improvements near and serving the proposed subdivision. No presently budgeted funds would be
changed by this subdivision.
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 #21447, 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=232508&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=21-447
Public Comment: None to date.
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