HomeMy WebLinkAbout02-06-23 CDB Agenda and Packet MaterialsA.Call to Order - 6:00 pm
This meeting will be held both in-person and also using an online video conferencing system. You
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B.Disclosures
C.Changes to the Agenda
D.Approval of Minutes
D.1 CD Board Meeting Minutes 1/23/23.(Sagstetter)
E.Consent Items
E.1 Preliminary Plat for the Urban Farm Phase 1 Major Subdivision, Application 22082 (Quasi-
Judicial)(Hyde)
E.2 Preliminary Plat for the West Park Neighborhood Major Subdivision and Variances,
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, February 6, 2023
General information about the Community Development Board is available in our Laserfiche
repository.
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the
meeting.
Public comments will also be accepted in-person and through Video Conference during the appropriate
agenda items.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
For more information please contact Anna Bentley, abentley@bozeman.net
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Application 22178 (Quasi-Judicial)(Lyon)
E.3 Design recommendation regarding West Park Phase 1 site plan proposal for a total of 102
apartment homes in seven apartment buildings in the West Park Subdivision, located SE of
the corner of Laurel Parkway and Vaughn Drive, Application 22205 (Quasi-Judicial).(Lyon)
F.Public Comments
This is the time to comment on any matter falling within the scope of the Community
Development Board. There will also be time in conjunction with each agenda item for public
comment relating to that item but you may only speak once per topic.
Please note, the Community Development Board cannot take action on any item which does not
appear on the agenda. All persons addressing the Community Development Board shall speak in a
civil and courteous manner and members of the audience shall be respectful of others. Please
state your name and place of residence in an audible tone of voice for the record and limit your
comments to three minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
G.Action Items
G.1 Introduction to the Community Plan Hub Site Which Displays Status and Progress of Metrics
Established in the Bozeman Community Plan 2020(Bentley)
H.FYI/Discussions
H.1 Upcoming Items for the February 13, 2023, Community Development Board
Meeting(Saunders)
I.Adjournment
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
Citizen Advisory Board meetings are open to all members of the public. If you have a disability and
require assistance, please contact our ADA coordinator, Mike Gray at 406-582-3232 (TDD 406-582-
2301).
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Memorandum
REPORT TO:Community Development Board
FROM:Sam Sagstetter - Community Development Technician II
Lacie Kloosterhof - Community Development Office Manager
Anna Bentley - Community Development Director
SUBJECT:CD Board Meeting Minutes 1/23/23.
MEETING DATE:February 6, 2023
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Approve
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:None.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Approve with corrections.
FISCAL EFFECTS:None.
Attachments:
012323 CDB Minutes.pdf
Report compiled on: February 1, 2023
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Bozeman City Commission Meeting Minutes, January 23, 2023
Page 1 of 7
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 23, 2023
Present: Gerald Pape, Allison Bryan, Brady Ernst, Nicole Olmstead, Chris Egnatz, Jennifer Madgic
Excused: Henry Happel, Padden Guy Murphy
A) 00:02:18 Call to Order - 6:00 pm
B) 00:03:08 Disclosures
00:03:18 Board member Bryan recuses vote from agenda item E.2.
C) 00:03:44 Changes to the Agenda
D) 00:03:53 Approval of Minutes
D.1 Approval of Minutes
010923 CDB Minutes.pdf
00:04:06 Motion to approve D) Approval of Minutes
Gerald Pape: Motion
Jennifer Madgic: 2nd
00:04:15 Vote on the Motion to approve D) Approval of Minutes The Motion carried 6 - 0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Chris Egnatz
Jennifer Madgic
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Bozeman City Commission Meeting Minutes, January 23, 2023
Page 2 of 7
Disapprove:
None
E) 00:04:45 Consent Items
00:05:44 Public Comment on Consent Items.
00:06:52 Justin Runyon provides comment.
00:10:20 Casey Delfia provides comment.
00:13:33 Scott Myers provides comment.
00:18:05 Motion to approve move of item E.2 into item G) Action Items.
Chris Egnatz: Motion
No Second Required
E.1 Design recommendations regarding Wallace Works Site Plan and Commercial Certificate
of Appropriateness proposal for the new construction of five buildings that include a
parking garage, 58 residential units, and commercial space. The site is vacant and is
zoned Northeast Historic Mixed Use (NEHMU). The project is located in the Bozeman
Brewery Historic District in the Neighborhood Conservation Overlay District.
22156 CDB Staff report.pdf
BClem_PublicComment_1.16.pdf
E.3 Community Development 2022-2023 Work Plan, Annual Progress Report
Advisory Board 2022 Work Plan_Annual Progress Report Jan 2023.pdf
00:18:59 Motion to approve E.1 and E.3
Gerald Pape: Motion
Brady Ernst: 2nd
00:19:31 Vote on the Motion to approve E.1 and E.3 The Motion carried 6 - 0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Chris Egnatz
Jennifer Madgic
Disapprove:
None
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Bozeman City Commission Meeting Minutes, January 23, 2023
Page 3 of 7
F) 00:19:54 Public Comments
G) 00:21:11 Action Items
E.2 00:21:16 Design recommendations regarding West Babcock Apartments Site Plan
and Commercial Certificate of Appropriateness proposal for the new construction of a
five-story mixed use building that will contain 52 residential units and commercial on
the ground floor and an enclosed parking garage. The site is B-2M and is located within
the Neighborhood Conservation Overlay District. There are two existing structures on
the property that are proposed to be demolished.
22066 CDB Staff report.pdf
Public comment Application 22066.pdf
00:22:02 Planner Sarah Rosenberg presents to the board.
00:34:38 Planner Sarah Rosenberg answers questions from the board.
00:46:02 Applicant Nicholas Smith answers questions from the board.
01:16:57 Motion to approve Recommend approval of the site plan with conditions, application 22066, to
the Community Development Director as presented and provide design recommendations and Board
Member discussion.
Brady Ernst: Motion
Jennifer Madgic: 2nd
01:17:56 Vote on the Motion to approve Recommend approval of the site plan with conditions, application
22066, to the Community Development Director as presented and provide design recommendations and
Board Member discussion. The Motion carried 4 - 2.
Approve:
Allison Bryan
Brady Ernst
Nicole Olmstead
Jennifer Madgic
Disapprove:
Gerald Pape
Chris Egnatz
G.1 01:18:19 1603 Bridger Drive Annexation and Zone Map Amendment Establishing
Initial Zoning of R-2 , Residential Moderate Density, for a property addressed at 1603
Bridger Drive on approximately 0.7417 Acres located north of Bridger Drive
approximately one-third of a mile east of Story Mill Road; Application 22247.
22247 1603 Bridger Drive ZMA ZC SR 1-17-2023.pdf
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Bozeman City Commission Meeting Minutes, January 23, 2023
Page 4 of 7
01:19:00 Planner Tom Rogers presents to the board.
01:25:14 Planner Tom Rogers answers questions from the board.
01:28:19 Applicant Per Hjalmarsson presents to the board.
01:29:44 Applicant answers questions from the board.
01:30:43 Public Comment on item G.1.
01:30:43 Jeff Strong provides public comment in favor of item G.1.
01:32:45 Motion to approve G.1
Gerald Pape: Motion
Jennifer Madgic: 2nd
01:35:16 Vote on the Motion to approve G.1 The Motion carried 6 - 0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Chris Egnatz
Jennifer Madgic
Disapprove:
None
01:35:39 Director Anna Bentley recommends item G.4 and G.3 are swapped on the
agenda order.
01:38:11 Action Item G.4 revised to be discussed prior to remaining action items.
G.4 01:39:06 Northwest Crossing Phase 2 Preliminary Plat application, to subdivide
five restricted development lots platted with Northwest Crossing Phase 1 into 264
developable lots with associated stormwater, open space, city park, easements, and
right of way. Located southwest of the corner of Baxter Lane and North Cottonwood
Road. Application 22129.
22129 Staff Report 1-18-22.pdf
01:39:48 Planner Danielle Garber presents to the board.
01:48:40 Planner Danielle Garber answers questions from the board.
01:51:12 Applicant Jason Leep presents to the board.
01:57:10 Applicant Scott Nables presents to the board
02:03:34 Applicants answer questions from the board.
02:17:05 Motion to approve Recommend approval of the Northwest Crossing Phase 2 Preliminary Plat
application to the City Commission with staff recommended conditions of approval and code provisions.
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Bozeman City Commission Meeting Minutes, January 23, 2023
Page 5 of 7
Gerald Pape: Motion
Jennifer Madgic: 2nd
02:19:19 Vote on the Motion to approve Recommend approval of the Northwest Crossing Phase 2
Preliminary Plat application to the City Commission with staff recommended conditions of approval and
code provisions.
The Motion carried 6 - 0.
Approve:
Gerald Pape
Allison Bryan
Brady Ernst
Nicole Olmstead
Chris Egnatz
Jennifer Madgic
Disapprove:
None
22270 CDB SR Final Draft 1-17-23.pdf
Sigma Chi Old Photo.jpg
22282 Innovation Campus GPA CDB SR.pdf
G.2 02:19:34 A Zone Text Amendment to modify the City’s development code to
restrict Greek Letter Organizations to the R-5, R-O as principal uses, and conditionally in
the R-3 zoning district. Application 22270. Text amendment will apply to all applicable
zoning districts.
02:20:06 Planner Tom Rogers presents to the board.
02:32:39 Planner Tom Rogers answers questions from the board.
03:02:03 Applicant Kathy Powell presents to the board.
03:12:08 Applicant Kathy Powell answers questions from the board.
03:22:17 Public comment.
03:22:29 Larry Gent provides public comment.
03:25:51 Jeff Lobe provides public comment.
03:29:22 Suzie Johnson provides public comment.
03:33:39 Jim Getz provides public comment.
03:38:14 Richard Sheron provides public comment.
03:41:30 Ian Crosby provides public comment.
03:43:31 David Burgham provides public comment.
03:46:47 Marianne Lateman provides public comment.
03:48:01 Jeff Strong provides public comment.
03:51:29 Tony Rich provides public comment.
03:52:24 Kathy Rich provides public comment.
03:54:08 Amae M. provides public comment.
03:57:40 Nick Baleep provides public comment.
03:59:23 Lisa Burgham provides public comment.
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Bozeman City Commission Meeting Minutes, January 23, 2023
Page 6 of 7
04:03:30 Connor Kellermyer provides public comment.
04:05:21 John Boyd provides public comment via webex.
04:08:40 Board discussion of item G.2.
04:41:26 Motion to continue Discussion of Action Item G.2 with intent of additional fact finding on
behalf of the board, the applicant, and other affected parties until February 13, 2023.
Gerald Pape: Motion
Chris Egnatz: 2nd 04:41:38 Vote on the Motion to continue Discussion of Action Item G.2 with intent of additional fact
finding on behalf of the board, the applicant, and other affected parties until February 13, 2023. The
Motion carried 4 - 2.
Approve:
Gerald Pape
Allison Bryan
Chris Egnatz
Jennifer Madgic
Disapprove:
Brady Ernst
Nicole Olmstead
G.3 04:44:18 The MSU Innovation Campus Growth Policy Amendment to Amend the
Bozeman Community Plan 2020 Future Land Use Map from Public Institutions to
Regional Commercial and Services on Approximately 42 Acres Located Southwest of the
Intersection of College Street and S. 23rd Avenue, Application 22282
22282 Innovation Campus GPA CDB SR.pdf
04:44:34 Community Development Manager Chris Saunders presents to the board.
04:46:05 Applicant Rob Church presents to the board.
04:51:20 Motion to approve Community Development Board Recommended Motion: Having reviewed
and considered the application materials, public comment, and all information presented, I hereby move
to adopt the findings presented in the staff report and recommend approval to the City Commission of
the growth policy amendment application 22282 with contingencies.
Gerald Pape: Motion
Jennifer Madgic: 2nd
04:52:35 Vote on the Motion to approve Community Development Board Recommended Motion: Having
reviewed and considered the application materials, public comment, and all information presented, I
hereby move to adopt the findings presented in the staff report and recommend approval to the City
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Bozeman City Commission Meeting Minutes, January 23, 2023
Page 7 of 7
Commission of the growth policy amendment application 22282 with contingencies. The Motion carried 5
- 0.
Approve:
Gerald Pape
Brady Ernst
Nicole Olmstead
Chris Egnatz
Jennifer Madgic
Disapprove:
None
H) 04:52:57 FYI/Discussions
H.1 04:53:00 Upcoming Items Expected for February 6, 2023, Community
Development Board Meeting
I) 04:53:11 Adjournment
For more information please contact Anna Bentley, abentley@bozeman.net
General information about the Community Development Board is available in our Laserfiche repository.
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Memorandum
REPORT TO:Community Development Board
FROM:Anna Bentley, Director Community Development
Brian Krueger, Development Review Manager
Lynn Hyde, Development Review Planner
SUBJECT:Preliminary Plat for the Urban Farm Phase 1 Major Subdivision, Application 22082
(Quasi-Judicial)
MEETING DATE:February 6, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered application materials, public comment, and
all the information presented, I hereby accept the staff report and findings
for application 22082 and recommend approval with conditions and subject
to all applicable code provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
The Department of Community Development received a Preliminary Plat
application on March 4, 2022 requesting to subdivide 8.73 acres to create 31
residential lots, 4 common open space lots and 1 public park lot. The site is
currently vacant. The property will have access from the continuation of
Fallon Street to the east, and South Reliance Avenue and South Eldorado
Avenue to the north. The property is zoned R-5.
On January 10, 2023 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends approval with
the conditions and code provisions identified in this report.
The subdivider did 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.
The final decision for this preliminary plat must be made by March 2, 2023.
The Community Development Board acting in their capacity as the Planning
Board will consider compliance of the application with the growth policy on
February 6, 2023.
To view the full staff report, a digital link is available here.
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UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended
conditions;
3. Deny the application based on the Community Development Board's
findings of non-compliance with the applicable criteria contained within the
staff report; or
4. Continue the public meetingon the application, with specific direction to
staff or the subdivider to supply additional information or to address specific
items.
FISCAL EFFECTS:There are no fiscal effects.
Attachments:
22082 Urban Farm Phase 1 PP Staff Report CD Board Staff
Report.pdf
Report compiled on: January 23, 2023
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Page 1 of 23
22082 Staff Report for the Urban + Farm Phase 1 Major Subdivision
Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting - Monday, February 6, 2023 at 6:00 pm.
City Commission hearing will be held Tuesday, February 28, 2023 at 6:00 pm
Project Description: A major preliminary plat subdivision application of 8.73 acres that
includes 31 residential lots, 4 common open space lots, and 1 public park lot.
Project Location: The property is legally described as Lot R2A of Norton East Ranch
Subdivision, Phase 4 located in the NE ¼ of the SW ¼ of Section 9, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board Consent Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby accept
the staff report and findings for application 22082 and recommend approval of the Urban
Farm Phase 1 Major Subdivision Preliminary Plat with conditions and subject to all
applicable code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 22082 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: January 27, 2023
Staff Contact: Lynn Hyde, Development Review Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
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 public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
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22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 2
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Project Summary
The Department of Community Development received a Preliminary Plat application on March
4, 2022 requesting to subdivide 8.73 acres to create 31 residential lots, 4 common open space
lots and 1 public park lot. The site is currently vacant. The property will have access from the
continuation of Fallon Street to the east, and South Reliance Avenue and South Eldorado Avenue
to the north. The property is zoned R-5.
On January 10, 2023 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends approval with the conditions and code
provisions identified in this report.
The subdivider did 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.
The final decision for this preliminary plat must be made by March 2, 2023. The Community
Development Board acting in their capacity as the Planning Board will consider compliance of
the application with the growth policy on February 6, 2023.
Alternatives
1. Recommend approve the application with the recommended conditions and code
provisions.
2. Recommend approval of the application with clarifications and/or corrections or minor
modifications to the staff-recommended conditions and applicable code provisions.
3. Recommend denial of the application based on the Board’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.
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22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 3
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE REQUIREMENTS .................................................................................... 10
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 13
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 13
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 14
38.220.060 Documentation of compliance with adopted standards ................................. 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 22
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 22
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 22
FISCAL EFFECTS ....................................................................................................................... 23
ATTACHMENTS ......................................................................................................................... 23
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22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 4
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Page 5 of 23
Exhibit 2 – Community Plan 2020 Future Land Use
17
Page 6 of 23
Exhibit 3 – Current Land Use
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22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 7
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Exhibit 4 – Preliminary Plat
19
22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 8
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Exhibit 5 – Landscaping Plan
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Page 9 of 23
SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. In accordance with BMC 38.240.100, the applicant has chosen review of this subdivision
under the terms of 76-3-623 MCA; therefore, the applicant is obligated to complete the
construction of the approved subdivision in accordance with the approved application and
any applicable requirements in Montana law, administrative rules, municipal code, and
design standards.
2. The final plat must contain the following notations on the conditions of approval sheet, as
well as it must be placed within the property owners covenants conditions and
restrictions:
a. In order to meet the density requirements found within the R-5 zoning district, the
lots legally described as Block 2, Lot 1-10 are set aside for multi-household
development. These lots must be developed with a minimum of four units on lots
1-5 and 7-10 and 7 units on lot 6 (or as otherwise required by the zoning district at
the time of site plan application in order to ensure the entire subdivision reaches
the minimum density threshold of eight dwelling units per acre in the R-5 zoning
district).
b. Block 1, Lot 1-10 and Block 2, Lot 1-4 are designed to orient the front of the lot
and future buildings towards Open Space A & Open Space C. Future
development is required to place the functional front of the building and primary
façade towards the Open Space. Set backs will be determined with the northern
lot line as the front setback, and the southern setback treated as an alley. In
addition to homes fronting on the Common Open Space, each home is required to
have a pedestrian connection from the primary/northern facing façade towards the
east west pedestrian pathway that runs through the Open Space A & C.
3. In order to mitigate user conflicts, a fence is required along the western property
boundary to ensure park users do not spill onto the conservation easement.
4. Due to known high groundwater, a condition shall be placed on the final plat that states,
“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
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22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 10
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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."
5. 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) on City
standard record Form prior to final plat approval.
6.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.220.070.A
a. 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 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. Sec. 38.240.150. Final plat application.
a. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats (24.183.1107 ARM) and must 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.
4. Sec. 38.240.150.A.3.d. Transfer of ownership of public land, off-site land, personal property, improvements and water rights documents required.
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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. 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.
5. Sec. 38.400.070 Street Lighting a. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be
deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD shall be granted prior to Final Plat Approval. 6. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates.
b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. Where the lots front Open Space A and Open Space C, the easement must be provided along the rear of the lot, adjacent to Planter Place. c. 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.
7. Sec. 38.410.070.A
a. As presented, wastewater generated from the subject property will flow into the
existing Norton Ranch Lift Station (NRLS). The subject property was not
originally allocated capacity at the lift station. The NRLS does not currently meet
DEQ firm capacity requirements. A lift station design report has been completed
by HDR Engineering, Inc. to allow for phased upgrades to the NRLS including
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22082 Staff Report for Urban + Farm Phase 1 Major Subdivision Preliminary Plat Page 12
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the subject property. The lift station must be upgraded in accordance with the
HDR design report prior to Final Plat approval.
8. Sec. 38.410.130.C.2 - Water Adequacy.
a. Compliance with this section is deferred for the following developments until the
occurrence of future development if the applicant records a notice of restriction on
future development in a form acceptable to the review authority with the Gallatin
County Clerk and Recorder: The applicant must contact the City Engineering
Department to obtain a determination of cash-in-lieu of water rights (CILWR).
CILWR must be paid prior to final plat approval.
9. Sec. 38.400.060 – Street Improvement Standards.
a. The applicant stated in the Traffic Impact Statement (TIS) that the Fallon Street
and Cottonwood Road intersection will fall below the level of service standards
defined in 38.400.060 and the intersection will require improvements. These
improvements are scheduled within three years in the City’s Capital
Improvements Plan and are eligible for payment of cash-in-lieu of capital
facilities. Prior to final plat approval, the applicant must pay the development’s
proportionate share of the improvement’s costs. Refer to Code Requirement X.
10. Sec. 38.400.090 Access
a. The applicant shall place the following condition of approval on this sheet prior to
final plat approval. "Lot access must be constructed to the standard set forth by
the City of Bozeman Design Standards and Specifications Policy and the City of
Bozeman Modifications to the State Public Works Standard Specifications per
Bozeman Municipal Code requirements.”
b. The applicant shall place the following condition of approval on this sheet and
callout the no access strip on the plat prior to final plat approval. "A 1-foot no
access strip shall be placed along all lots fronting on Laurel Parkway."
11. Sec. 38.420 Parks
a. A preconstruction meeting with the Parks Division and Forestry is required prior
to any site work. Applicants must provide the most recent park plans and request
a meeting at least 30 days prior to commencement of parkland construction.
b. Well and water connection must be installed to irrigate parkland if the south
development has not constructed the well yet. Any part of a City owned and
maintained irrigation system that is located on private property shall be contained
within a public irrigation easement. The easement shall be acceptable to the City
and filed with the Gallatin County Clerk & Recorder prior to final site plan
approval.
c. Prior to the City’s final acceptance of public park improvements or public street
improvements, the applicant shall ensure that the City obtains ownership, free
from any defects in title as determined by the City, of any irrigation water rights
appurtenant to those City parks or City streets.
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d. If an exempt well is proposed to provide irrigation water supply for the
development, a written determination from DNRC shall be provided prior to final
plat approval indicating that the proposed exempt water use is allowable under
applicable state law governing the use of exempt wells.
e. Applicant to include this note on the final plat: Private utilities are not allowed
within parkland unless otherwise approved by the Director of Parks and
Recreation.
f. Approval of the park plan amendment and construction drawings by the Parks and
Recreation Director is required prior to the pre-construction meeting. Provide the
following corrections with your submittal:
1. Design site amenities and trees to be outside of the 10' existing
draintile maintenance easement. There is one bench within the
easement.
ii. Adjust irrigation mainline material to be PVC Sch 40 material on sheet IR-
1.
g. Applicant must include this note on the conditions of approval sheet of the final
plat if parkland has not been fully accepted by the parks department prior to final
plat review: Although an easement or parkland dedication is required at the time
of Final Plat, the Parks and Recreation Department does not assume maintenance
responsibility for parkland and improvements until the following have been
completed after Final Plat: 1) the constructed park meets requirements of
38.420.080 and the approved park master plan, 2) all conditions of approval for
the subdivision or park master plan are completed, and 3) written
acknowledgement of final acceptance has been provided by the City.
h.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on January 10, 2023.
Planning Board meeting will be held Monday, February 06, 2023 at 6:00 pm both in person and
remotely using an online videoconferencing system. A remote link will be provided with the City
Commission agenda.
City Commission meeting will be held Tuesday, February 28, 2023 at 6:00 pm both in person
and remotely using an online videoconferencing system. A remote link will 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 codes, standards, plans, public comment, and all other materials available during the
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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 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory board 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
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Community Development Board, acting in their capacity as the Planning Board,
public meeting 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, the recommendation of the Planning Board, as well as any public testimony received
on the matter, the City Commission will make the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-623 MCA as
authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include
variances or other instances of lack of compliance to standards and procedures.
The Department of Community Development received a preliminary plat application on March
4, 2022. The DRC reviewed the preliminary plat application and determined the submittal did
not contain detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on April 18, 2022.
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Revised applications were received on May 19, 2022, June 08, 2022, September 16, 2022, and
December 16, 2022. The DRC determined the application was adequate for continued review on
January 10, 2023 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 3, 2023 for postings on Sundays,
February 5 and February 12, 2023. The applicant posted public notice on the subject property on
February 5, 2023. 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 3, 2023. No public comment had been received on this application
as of the writing of this report.
On January 24, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of approval for consideration to the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the Planning Board and City
Commission to complete the application processing for final plat approval. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
Per BMC 38.270.030, the development is not eligible for concurrent construction.
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. Code
requirement No. 3, requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets or common open space constructed to City
standards with lot frontage meeting minimum standards as shown on the preliminary plat.
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38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on January 04, 2022 and no variances were requested. The applicant requested and was
granted waivers for floodplains, vegetation, wildlife, historical features, agriculture, and
agricultural water user facilities. The applicant requested and was not approved a waiver for
surface water.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water. There are no existing watercourses
on site.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. A waiver for floodplains was
granted during the Pre-Application process.
38.220.060.A.3 – Groundwater
Due to known high groundwater, a conditional shall be placed on the final plat that states, “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 gutters where they may create a safety hazard for pedestrians and vehicles." Refer to
Conditions of Approval.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will 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 will not significantly impact vegetation. No critical plant communities
identified on site. A waiver for vegetation was granted during the Pre-Application process.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during
the Pre-Application process.
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38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. A waiver for agriculture was granted during the
Pre-Application process.
38.220.060.A.8 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. There are no active agricultural
water use facilities located within the development. The area is zoned for residential and is
surrounded partially by residential development.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. Utilities will be extending existing water
main and sewer mains from Fallon Street from the east, and South Eldorado Ave and South
Reliance Ave from the north.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. A stormwater
management plan was provided and found in compliance with division 38.270 and the City
adopted stormwater master plan. The stormwater maintenance is the responsibility of the
homeowner’s association.
38.220.060.A.11 - Streets, Roads and Alleys
The applicant stated in the Traffic Impact Statement (TIS) that the Fallon Street and Cottonwood
Road intersection will fall below the level of service standards defined in 38.400.060 and the
intersection will require improvements. These improvements are scheduled within three years in
the City’s Capital Improvements Plan and are eligible for payment of cash-in-lieu of capital
facilities. Prior to final plat approval, the applicant must pay the development’s proportionate
share of the improvement’s costs. Refer to Code Requirement X.
The extension of Fallon Street oriented east west will improve the overall community street grid
as will the north south extension of South Eldorado Avenue and South Reliance Avenue. An
alley, Planter Place, is being provided for access to the majority of the lots and will be the
vehicular access for the lots. Pedestrian pathways are being provided through the subdivision
with north south connections traveling north from Fallon Street and tying into the existing
pedestrian pathway in the existing subdivision to the north. There is also an east west pedestrian
corridor that travels from South Eldorado, across South Reliance Avenue to South Laurel
Parkway. The east west pedestrian connection is the frontage for the lots oriented towards it.
This proposed subdivision will include City standard sidewalks along all local streets, increasing
the walkability of the area.
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38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and internet
providers.
38.220.060.A.13 - Land Use
The subdivision will not significantly impact land use. The current lot is vacant and surrounded
to the north and east with residential users, to the west with a conservation easement property
and to the south with a future mixed-use development. The proposed subdivision will create 31
residential lots (21 single detached family lots, 9 four-unit lots, and 1 seven-unit lot), 4 common
open space lot and 1 public park.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will be meeting their required parkland through a combination of land
dedication and improvements-in-lieu of parkland (IILP). 0.44 acres of dedicated parkland is
being proposed, which leaves a shortage of 1.08 acres. The remaining 1.08 acres will be
provided as improvements-in-lieu of parkland. Additionally, open space is located on site and
includes pathways that tie into existing trail networks. There are several parks within a 10 minute
walk from the proposed development which include: Norton Ranch, Norton East Park, and
Adam Bronken Park. The proposed park will connect the existing Norton Ranch Park to a
proposed park directly south resulting in a continuous parkland experience and recreation trail
network.
Parkland dedication and IILP will be entirely provided with the subdivision development. These
improvements include a recreation trail extension that ties into the existing Norton Ranch trail
network; a central node comprised of a playground area, benches, and decorative boulders;
additional tree plantings; and pedestrian lighting. Fencing will also be provided along the
western property boundary to ensure park users do not spill onto the existing conservation
easement. This fence is included as a required Condition of Approval in Section 3.
38.220.060.A.15 - Neighborhood Center Plan
The subdivision will not be providing a neighborhood center due to the relatively small size of
the development area (under 10 acres). While a neighborhood center was not required, it is
anticipated the park being dedicated will act as a de facto neighborhood focal point. In addition,
phase 2 of the Urban + Farm development to the south will be providing neighborhood centers
that will likely be used and serve this subdivision.
38.220.060.A.16 - Lighting Plan
This subdivision will not significantly impact lighting.
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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. No health or safety hazards on-site or off-site will be
created with this development.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-5, Residential Mixed-Use High Density District. The intent of
the R-5 residential mixed-use high density district is to provide for high-density residential
development through a variety of compatible housing types and residentially supportive
commercial uses in a geographically compact, walkable area to serve the varying needs of the
community’s residents.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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The subject property is designated 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,
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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.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support a variety of housing types from detached single households to seven-unit
buildings. The multi-household will support the construction of “missing middle” housing which
is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is
also located in a central area with relatively quick access to a variety of goods and services. The
future phase, Urban + Farm Phase 2 will include commercial amenities as well, adding to the
walkability of both the existing neighborhoods and this proposed subdivision.
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
The proposed development is located adjacent to a linear park the runs north south adjacent to El
Dorado (the park which will be extended south with this subdivision). With the Urban + Farm
Phase 2 this north-south oriented trail system will connect all the way to Huffine from West
Babcock St. In addition, the subject property is located approximately 0.1 mile from Norton East
Park which provides passive recreation opportunities.
Currently the closest commercial opportunities are approximately ½ mile away There are
currently fewer commercial opportunities for future residents to walk to at this time, however
future development of Urban + Farm Phase II will see additional commercial services for the
residents of the proposed subdivision.
The proposed development is roughly 0.5 miles to a commercial node within Ferguson Farm
which has a variety of retail and service options. While this commercial node does have
predominately auto retail users, there are some services that residents may chose to walk to and
will support a walkable neighborhood. In addition, the larger adjacent undeveloped property has
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a combination of REMU and B-2M zoning district which Urban + Farm Phase 2 has proposed a
mix of commercial and residential users. There are a variety of park opportunities within a 10
minute walk from the proposed development which include: Norton Ranch, Norton East Park,
and Adam Bronken Park. The proposed park will connect the existing Norton Ranch Park to a
proposed park directly south resulting in a continuous parkland experience and recreation trail
network. The Streamline Purpleline has a stop on Cottonwood Rd and Fallon St Rd. which is
roughly 0.5 miles away from the proposed development.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
This is a preliminary plat application by the applicant, Cushing Terrell, 411 E Main Street #101,
Bozeman, MT 59715, representing the property owner Laurel Parkway, LLC, PO Box 161236,
Big Sky, MT 59716.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the public
comment period and City Commission public hearing per BMC 38.220.420. The City scheduled
public notice for this application on February 3, 2023 for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Sunday, February 5 and Sunday, February 12, 2023.
The applicant posted public notice on the subject property on or by February 5, 2023. 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 3,
2023.
At the time this report was written, no public comments had been received yet. To continue
checking on any submitted public comments, click on this link,
https://weblink.bozeman.net/WebLink/Browse.aspx?id=269851&dbid=0&repo=BOZEMAN
and toggle to the project number 22082. If no comments have been received, there may be no
project folder for this application.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Laurel Parkway, LLC (Mike Magrans), PO Box 161236, Big Sky, MT 59716
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Applicant: Cushing Terrell, 411 E Main Street #101, Bozeman, MT 59715
Representative: Cushing Terrell, 411 E Main Street #101, Bozeman, MT 59715
Report By: Lynn Hyde, Development Review Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
Application materials – Available through the Laserfiche archive, the full file is linked below. https://weblink.bozeman.net/WebLink/Browse.aspx?id=260398&dbid=0&repo=BOZEMAN, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
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=22-082 Public Comment:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=259736&dbid=0&repo=BOZEMAN
35
Memorandum
REPORT TO:Community Development Board
FROM:Anna Bentley, Director Community Development
Brian Krueger, Development Review Manager
Nakeisha Lyon, Associate Planner
SUBJECT:Preliminary Plat for the West Park Neighborhood Major Subdivision and
Variances, Application 22178 (Quasi-Judicial)
MEETING DATE:February 6, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered application materials, public comment, and
all the information presented, I hereby accept the staff report and findings
for application 22178 and recommend approval with conditions and subject
to all applicable code provisions and subdivision variances.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:A major preliminary plat subdivision application of 40.83 acres to subdivide
four (4) restricted development lots from Phase 6 of the Norton East Ranch
Subdivision into four (4) developable lots, one (1) city park lot, two (2) open
space lots, easements, and associated right of way. The subdivision is
proposed to be completed in four phases. On December 9, 2022, the
Development Review Committee (DRC) found the application sufficient for
continued review and recommends the conditions and code provisions
identified in the staff report. The subdivider has requested four (4)
subdivision variances with this application, and two (2) waivers were granted
with the pre-application review. The subject property is zoned R-4,
Residential High Density District, and the underlying growth policy
designation is Urban Neighborhood.
The Community Development Board is reviewing this application in their role
as the Planning Board. Per 38.240.140.A.2 of the municipal code, the primary
responsibility of the Planning Board in subdivision review is to comment on
compliance of the proposed plat with the growth policy. See Section 6 of the
attached staff report for analysis on growth policy compliance. The Planning
Board makes recommendations to the City Commission.
Materials in the submittal relevant to the Planning Board’s duties include:
36
Application Narrative
Application Documents
Application Plans
The application documents folder will contain the infrastructure reports
including water, sewer, stormwater, and traffic impacts, as well as
documentation to demonstrate compliance with Chapter 38 including
compliance with adopted standards required in BMC 38.220.060.
The application plans folder will contain the full plat set of 4 sheets, and
proposed landscaping, hardscape, and irrigation plans.
UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended
conditions;
3. Deny the application based on the Community Development Board's
findings of non-compliance with the applicable criteria contained within the
staff report; or
4. Continue the public meeting on the application, with specific direction to
staff or the subdivider to supply additional information or to address specific
items.
FISCAL EFFECTS:
No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this subdivision.
Attachments:
22178 CDB Staff Report.pdf
Report compiled on: January 31, 2023
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22178 Staff Report for the West Park Neighborhood Subdivision Preliminary
Plat and Variances
Public Meeting Dates:
Community Development Board acting as the Planning Board meeting - Monday,
February 6, 2023 at 6:00 pm in the Commission Meeting Room in Bozeman City Hall,
121 N. Rouse Ave., Bozeman, MT. The meeting is also available online. A link will be
provided with the agenda.
City Commission meeting will be held Tuesday, February 28, 2023 at 6:00 pm at 6:00
p.m. in the Commission Meeting Room in Bozeman City Hall, 121 N. Rouse Ave.,
Bozeman, MT. The meeting will be available online. A link will be provided with the
agenda.
Project Description: A major preliminary plat subdivision application requesting permission for
the division of 40.83 acres into four (4) developable lots zoned R-4, one (1) city park
lot, and two (2) open space lots, easements, and associated rights of way. The site is
located south of Vaughn Dr., east of Laurel Pkwy., and north of W. Babcock St.
Additionally, the applicant is requesting four subdivision variances related to the
following code sections: BMC 38.400.010.A.1 - Relation to undeveloped areas, BMC
38.400.010.A.2 - Relation to developed areas, and BMC 38.400.010. - Block
Length. These subdivision variances are related to the extension of Cascade St. to the
eastern boundary of the subject property, the extension of Water Lily Dr. to W. Babcock
St. on the southern boundary of the subject property, and block length between the
existing Cottonwood Rd. and the proposed Pond Lily Dr. along W. Babcock St.
Project Location: The property is legally described as Lots R1A, R1B, R1C, and R1D of
Norton East Ranch Subdivision Phase 6, S09, T02 S, R05 E, Acres 6.63, P.M.M., City of
Bozeman, Gallatin County, Montana, according to the official plat J-694 thereof on file
and of record in the office of the County Clerk and Recorder of Gallatin County,
Montana. The legal description will changed upon approval and recordation of the West
Park Subdivision Final Plat Application.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 22178 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions and
subdivision variances.
Report Date: January 31, 2023
Staff Contact: Nakeisha Lyon, Associate Planner
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Simon Lindsey, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
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 public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on May
25, 2022 requesting permission to subdivide 40.83 acres into four (4) developable lots, one (1)
city park lot, and two (2) open space lots, easements and associated rights of way. The site is
located south of Vaughn Drive, East of Laurel Parkway, and North of West Babcock Street as
Phase 6 of the Norton East Ranch Subdivision. The existing four (4) restricted development lots
were previously approved by the City Commission on March 9, 2021 with the Findings of Fact
and Order signed on March 23, 2021 (Project No. 21024) as a component of Phase 5 of the
Norton East Ranch Subdivision. These restricted lots require further subdivision review or site
plan review prior to any development. The intention of this proposed amended plat is to further
subdivide the existing lots to adequately accommodate multi-household development options
through larger lot sizes and pedestrian rights of way in lieu of streets to serve as transportation
corridors. The property is currently vacant and zoned R-4, Residential High Density District.
Access is provided through the extension of Vaughn Drive from Laurel Parkway and the
extension of Pond Lily Drive from West Babcock Street. The applicant proposes a right of way
easement for the future connection of Cascade Street if this connection becomes necessary in the
future based on the submitted variances and existing watercourse, wetlands, and covenant of
dedication restriction located along the eastern boundary of the subject property.
Baxter Creek runs along the eastern boundary of the property and is surrounded by jurisdictional
wetlands that will not be impacted by the proposed development of this subdivision and are
restricted through a covenant of dedication. Additionally, this area is proposed as a City Park
serving as an extension of the Bronken Park to the north. The southwest corner of the proposed
subdivision contains non-jurisdictional wetlands proposed to be an undeveloped open space area
(Block 2, Open Space 1) also protected through a covenant of dedication restriction. Non-
jurisdictional wetlands are located in the north central portion of the subject property, bordering
Block 1, Lot 1, and Block 1, Lot 2 and portions of the proposed extension to Vaughn Drive. The
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applicant proposes to fill this area during future development of these lots and provides
mitigation on the southeastern portion of the subject property by expanding the existing borrow
pit area located in the City Park.
The subdivision proposes 11.24 acres of city park lots which comprises the portion of Baxter
Creek that runs along the eastern boundary of the property, surrounding jurisdictional wetlands,
an existing borrow pit, and mitigated wetlands created from impacts to non-jurisdictional
wetlands located central to the property. The park is divided into 2 separate park parcels to
accommodate a phased development approach, each spanning the long eastern blocks of the
development, providing long segments of trail, a bridge connection to the north for the existing
Bronken Park, the conversion of an existing borrow pit and mitigated wetlands into an enhanced
pond, playground area, and various site furnishings. Together the park parcels meet the intent of
Linear Parks within the Parks, Recreation, Open Space and Trails Plan (PROST) and meets the
required minimum frontage requirements for dedicated parkland. Based on the proposed
residential density, a combination of land dedication and improvements-in-lieu of parkland are
required as detailed in the Parks Master Plan.
The applicant has submitted four (4) subdivision variance requests in conformance with Sec.
38.250.080 of the Bozeman Municipal Code (BMC). Variance requests 1 and 2 are related to the
extension of Cascade Street to the east boundary of the subject property. Sec. 38.400.100.A.1
and Sec. 38.400.100.A.2 requires that proposed streets within the development must be
constructed to the boundary lines for the continuation of streets to adjacent developed and
undeveloped properties for the convenient movement of traffic, effective provision of emergency
services and efficient provision of utilities. Due to the location of the Baxter Creek corridor and
jurisdictional wetlands along the eastern boundary of the subject property, the applicant has
requested these variances in order to not extend Cascade Street as required in Division 38.400.
Additionally, a covenant of dedication with the Army Corps of Engineers is located along the
Baxter Creek corridor. This covenant restricts construction activities within its boundaries to
protect critical lands from future development. Variance request 3 is related to the extension of
Water Lily Drive to West Babcock Street to the southern boundary. As Sec. 38.400.100.A.2
requires the continuation of streets between adjacent developed properties, the applicant has
requested this variance due to the existing borrow pit located directly south of the intersection.
Existing geotechnical investigations show that this location is not conducive for the construction
of roads and foundations. The applicant will be enhancing the borrow pit into a pond with
mitigated wetlands based on their proposed impact to non-jurisdictional wetlands located central
to the property. Variance request 4 is related to block length requirements denoted in Sec.
38.410.040.B. which requires blocks to not be more than 400 feet in length or less than 300 feet
in length unless longer lengths are necessary due to critical lands, topography, access control,
and adjacent to existing parks or open spaces. This provision denotes that in no case may a block
exceed the 1,320 feet in length. In relation to Variance 3, without the extension of Water Lily
Drive to West Babcock Street, the block length between Pond Lily Drive and Cottonwood Road
is approximately 2000 feet in length. As the location is not conducive for the development of a
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roadway, the applicant is unable to meet the block length requirements of the BMC.
Additionally, adjacent properties to the east include the Springhill Presbyterian Church and an
undeveloped commercial node at the intersection of West Babcock St. and Cottonwood Road.
Future redevelopment of the Springhill Presbyterian Church property would allow for additions
to the road network access to reduce the block length in this location in the future. The
Engineering Department supports these variance requests.
The applicant has concurrently submitted for review and approval a site plan application for the
development of Phase 1 of the West Park Neighborhood which proposes seven (7) three story
apartment buildings containing 102 dwelling units. The development application also includes
associated vehicular and bicycle parking, pedestrian pathways, open space, stormwater
infrastructure, landscaping, irrigation, and lighting.
On December 9, 2022, the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the conditions and code provisions identified in
this report. The final decision for a Major Subdivision (6 to 50 lots) subject to 76-3-616 MCA
must be made within 60 working days of the date it was deemed adequate, or in this case, by
March 9, 2023.
The Community Development Board acting in their capacity as the Planning Board will
considered compliance of the application with the growth policy on February 6, 2023. The City
Commission is scheduled to review the preliminary plat and make a decision at their February
28, 2023 public meeting.
The City has not received any written public comment on the application as of the writing of this
report.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public meeting on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 11
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 18
SECTION 4 – CODE REQUIREMENTS .................................................................................... 21
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 24
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 24
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 25
38.220.060 Documentation of compliance with adopted standards ................................. 29
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 35
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 38
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 38
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 38
FISCAL EFFECTS ....................................................................................................................... 39
ATTACHMENTS ......................................................................................................................... 39
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan 2020 Future Land Use
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Exhibit 3 – Current Land Use
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Exhibit 4 – Preliminary Plat
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Exhibit 5 – Phasing Plan
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SECTION 2 – REQUESTED VARIANCES
The subdivider has requested four subdivision variances with this preliminary plat application as
denoted below:
Variance Request 1 – Extension of Cascade Street to the east property line. The applicant is
requesting a variance from Sec. 38.400.010.A.1 – Relation to undeveloped areas which denotes
that when a proposed development adjoins undeveloped land, and access to the undeveloped land
would reasonably pass through the new development, streets and alleys within the proposed
development must be arranged to allow the suitable development of the adjoining undeveloped
land. Streets and alleys within the proposed development must be constructed to the boundary
lines of the tract to be developed, unless prevented by topography or other physical conditions. If
the development being reviewed is a subdivision, a request for an alteration of this
standard must be processed as a subdivision variance. If the development being reviewed is
not a subdivision, a request for an alteration of this standard must be reviewed against the
criteria of section 38.250.080.B, but will not alter the review authority who would otherwise
decide upon the application.
Applicant Justification - Supporting Evidence for Variance
Previous Norton Ranch planning efforts. During the early stages of Norton Ranch planning,
the Baxter Creek corridor was envisioned as a passive wetland area bordered by trails to provide
a pedestrian corridor connecting West Babcock Street to the north boundary of the project and, in
cooperation with Valley West Subdivision to the north, eventually to Durston Road. This
corridor was intended to provide important pedestrian and bicycle connectivity in the area. As
such a Covenant of Dedication restricting the use of this corridor has been entered into with the
Army Corps of Engineers restricting activities and the use of this area.
Covenant of Dedication. In May of 2008 Norton Ranch entered into a Covenant of Dedication
with the Army Corps of Engineers. During the development of the beginning phases of Norton
Ranch it was necessary to fill some low quality wetlands to construct the Norton Ranch road
system. As mitigation for the filling of these wetlands Norton Ranch placed the Covenant of
Dedication, basically a deed restriction, over some of the higher quality wetlands within the
Norton Ranch boundary including the Baxter Creek corridor. This Covenant of Dedication
restricts all construction activities within its boundary and protects these critical lands from
future development. Norton Ranch agreed to the conditions of this document based on
the planning efforts during the early phases of the project. A copy of the Covenant of Dedication
is included with the preliminary plat application. We draw attention to the following items
in the Deed and Use Restrictions:
Item 2. - “There shall be no filling, draining, excavating, dredging, mining, drilling or removal of
topsoil, loam, peat, sand gravel, rock, minerals or other materials”.
Item 3. - “There shall be no building or roads or paths nor any change in the topography of the
land”.
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Item 5. - “There shall be no operation of snowmobiles, motorcycles, all-terrain vehicles or any
type of motorized vehicles on the Land”.
These items specifically restrict the extension of Cascade Street. The construction of a road
across the area covered by the Covenant of Dedication would require that the document be
modified and that an Individual 404 Permit be obtained as the impact would be greater than 0.5
acre. A requirement of the Army Corp of Engineers of authorizing an individual permit is that a
LEDPA (Least Environmentally Damaging Practicable Alternative) analysis be completed. It is
probable that Army Corp of Engineers would determine that the existing road networks provide
access to the various parcels in the vicinity and that not building a road would be the Least
Environmentally Damaging Practicable Alternative.
During the planning stages of the West Park Neighborhood, the Army Corps of Engineers
was contacted to consider the construction of some trails and a footbridge across Baxter
Creek. The response from the corps was not favorable. We have included a copy of this
email correspondence between our wetland consultant Christine Pearcy and Tim McNew,
Senior Project Manager with the Army Corps of Engineers relating to this issue within the
preliminary plat submittal.
Protection of Critical Lands. BMC 38.400.010.A.1 states: “Streets and alleys within the
proposed development must be constructed to the boundary lines of the tract to be developed,
unless prevented by topography or other physical conditions”. We believe the critical lands
associated with the Baxter Creek corridor in conjunction the associated Covenant of Dedication
provides topographic and physical conditions restricting the construction of streets and alleys to
the boundary line of the tract. This corridor is now a feature of this area providing a north-
south pedestrian and bicycle transportation corridor along a pristine wetlands corridor
and providing vital connections to the area trails.
Variance Review Criteria – Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Criteria is met. Per the applicant’s response, this requested variance will not have an impact to
the public health safety, general welfare or be injurious to other adjoining properties. The
surrounding road network provides access by West Babcock Street and Durston Road via Laurel
Parkway. Local access will be provided by Pond Lily Drive, Vaughn Drive via Laurel Parkway,
and Vaughn Drive through the neighboring Lakes at Valley West. An easement for the future
extension Cascade Street will be provided on the final plat if the connection of Cascade Street
becomes necessary in the future. Due to the presence of critical land, it would be detrimental to
the general welfare of the community to require a road to be constructed across that wetland.
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2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant’s response, an undue hardship has been placed upon this
property by the topographical critical lands and also the covenant of dedication to the Army
Corps of Engineering along this wetland corridor. The covenant was placed on the property to
mitigate the filling of wetlands in the early phases and was a result of the overall master planning
of the project. The Army Corps of Engineers was contacted in the planning stages of this process
to consider construction of a road across the Baxter Creek corridor as well as a trail and
pedestrian foot bridge. The response from those conversations was not favorable.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant’s response, if the City follows the requirements of
the approved Covenant of Dedication with the Army Corps of Engineers the extension of
Cascade Street will not be necessary and the requested allowance to not build Cascade Street will
not impact public costs. An easement is provided if the future connection becomes necessary. If
required the Applicant is willing to include Cascade Street in the Waiver of Right to Protest the
Creation of Special Improvement Districts for this project to fund the connection at a future date.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant’s response, outside of the requested variances the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Cascade Street to the eastern property line which creates non-compliance with
BMC 38.400.010.A.1. The applicant has satisfied the variance criteria in BMC 38.250.080.B and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application, the Director of Transportation and
Engineering and City staff support the subdivision variance request.
Variance Request 2 – Extension of Cascade Street to the east property line. The applicant is
requesting a variance from Sec. 38.400.010.A.2 – Relation to developed areas which denotes
that the developer must arrange the streets and alleys to provide for the continuation of streets
and alleys between adjacent developed properties when such continuation is necessary for the
convenient movement of traffic, effective provision of emergency services and efficient
provision of utilities.
Applicant Justification - Supporting Evidence for Variance
See applicant justification – supporting evidence for Variance Request 1 above.
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Variance Review Criteria – Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Criteria is met. Per the applicant’s response, this requested variance will not have an impact to
the public health safety, general welfare or be injurious to other adjoining properties. The
presence of critical lands alongside a covenant of dedication provides topographic and physical
conditions restricting the ability to construct a street to the boundary of the property.
Additionally, an extensive Geotechnical Study included in the preliminary plat application shows
that the remnants of a gravel pit have created a soil condition that is not conducive to foundations
or roads. Furthermore, when looking at the two master planned communities surrounding this
critical land, neither of them contemplated crossing this land with a road throughout their
history.
The surrounding road network provides access by West Babcock Street and Durston Road
via Laurel Parkway. Local access will be provided by Pond Lily Drive, Vaughn Drive via Laurel
Parkway, and Vaughn Drive through the neighboring Lakes at Valley West. An easement for the
future extension Cascade Street will be provided on the final plat if the connection of Cascade
Street becomes necessary in the future. Due to the presence of critical land, it would be
detrimental to the general welfare of the community to require a road to be constructed across
that wetland.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant’s response, an undue hardship has been placed upon this
property by the topographical critical lands and also the covenant of dedication to the Army
Corps of Engineering along this wetland corridor. The Army Corps of Engineers was contacted
in the planning stages of this process to consider construction of a road across the Baxter Creek
corridor as well as a trail and pedestrian foot bridge. The response from those conversations was
not favorable.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant’s response, if the City follows the requirements of the approved
Covenant of Dedication with the Army Corps of Engineers the extension of Cascade Street will
not be necessary and the requested allowance to not build Cascade Street will not impact public
costs. An easement is provided if the future connection becomes necessary. If required the
Applicant is willing to include Cascade Street in the Waiver of Right to Protest the Creation of
Special Improvement Districts for this project to fund the connection at a future date.
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4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant’s response, outside of the requested variances the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Cascade Street to the eastern property line which creates non-compliance with
BMC 38.400.010.A.2. The applicant has satisfied the variance criteria in BMC 38.250.080.B and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application, the Director of Transportation and
Engineering and City staff support the subdivision variance request.
Variance Request 3 – Extension of Water Lily Drive to the southern property line. The
applicant is requesting a variance from Sec. 38.400.010.A.2 – Relation to developed areas
which denotes that the developer must arrange the streets and alleys to provide for the
continuation of streets and alleys between adjacent developed properties when such continuation
is necessary for the convenient movement of traffic, effective provision of emergency services
and efficient provision of utilities.
Applicant Justification - Supporting Evidence for Variance
Existing Gravel Pit. The intersection of Water Lily Drive and West Babcock Street is located
directly south of an existing gravel pit/borrow area that was excavated by the previous
developer. During the planning of this project extensive geotechnical investigations were
completed to consider construction of building foundations and the extension of Water Lily
Drive to the north. These investigations show that this area is not conducive to construction of
foundations or roads. These results are documented in the Geotechnical Study performed as part
of, and included with this preliminary plat submittal (reference test pits 10, 11, and 12). As the
remnants of the gravel pit still exist we propose an enhanced constructed wetland for this
area. Based on the underlying soils in this area we feel the constructed wetland is the best use for
this portion of the project. It will enhance the existing Baxter Creek Corridor providing and the
critical linear park corridor connecting Durston Road to West Babcock Street. A letter, from
Andy Pilskalns of Castlerock Engineering, specifically addressing this issue is included with this
preliminary plat application.
Variance Review Criteria – Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
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Criteria is met. Per the applicant’s response, this requested variance will not have an impact to
the public health safety, general welfare or be injurious to other adjoining properties. The
presence of the gravel pit in the southwest corner of the property provides topographic and
physical conditions restricting the ability to construct a street to the boundary of the property. An
extensive Geotechnical Study included in the preliminary plat application shows that the
remnants of a gravel pit have created a soil condition that is not conducive to foundations or
roads
The surrounding road network provides access by West Babcock Street and Durston Road
via Laurel Parkway. Local access will be provided by Pond Lily, Vaughn Drive via Laurel
Parkway, and Vaughn Drive through the neighboring Lakes at Valley West.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant’s response, the presence of the gravel pit in the southwest
corner of the property provides topographic and physical conditions restricting the ability to
construct a street to the boundary of the property creating a hardship to the construction of Water
Lily Drive to West Babcock Street. An extensive Geotechnical Study included in the preliminary
plat application shows that the remnants of a gravel pit have created a soil condition that is not
conducive to foundations or roads.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant’s response, the request to not extend Water Lily Drive to West
Babcock Street will not impact public costs.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant’s response, outside of the requested variances the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Water Lily Drive to the southern property line which creates non-compliance with
BMC 38.400.010.A.2. The applicant has satisfied the variance criteria in BMC 38.250.080.B and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application, the Director of Transportation and
Engineering and City staff support the subdivision variance request.
Variance Request 4 – Extension of Water Lily Drive to the southern property line. The
applicant is requesting a variance from Sec. 38.410.040.B – Block length which denotes that a
block length must not be designed, unless otherwise impractical, to be more than 400 feet in
length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due
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to topography, the presence of critical lands, access control, or adjacency to existing parks or
open space. In no case may a block exceed 1,320 feet in length.
Applicant Justification - Supporting Evidence for Variance
See applicant justification – supporting evidence for Variance Request 3 above in addition to:
Existing Development East of Baxter Creek Corridor. Another consideration is the area to
the east of the Baxter Creek corridor is currently occupied by the Springhill Presbyterian Church
and an undeveloped commercial node at the intersection of West Babcock Street and
Cottonwood Road. As the property develops there will be opportunities to add to the road
network between the two parcels helping to reduce the block length. It needs to be considered
that over 1300’ of the separation is adjacent to this property.
Protection of Critical Lands. BMC 38.410.040.B states: “Block lengths may be longer than
400 feet if necessary due to topography, the presence of critical lands, access control, or
adjacency to existing parks or open space.” We believe the critical lands associated with the
Baxter Creek corridor provide topographic and physical conditions restricting the construction of
Water Lily Drive. This corridor is now a feature of this area providing a north-south pedestrian
and bicycle transportation corridor along a pristine wetlands corridor and providing vital
connections to the area trails. It needs to be considered that only 325’ of the separation is
adjacent to this property.
Variance Review Criteria – Sec. 38.250.080.B. Per MCA 76-3-506, a variance to this chapter
must be based on specific variance criteria, and may not have the effect of nullifying the intent
and purpose of this chapter. The city must not approve subdivision variances unless it makes
findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or
general welfare, or be injurious to other adjoining properties;
Criteria is met. Per the applicant’s response, this requested variance will not have an impact to
the public health safety, general welfare or be injurious to other adjoining properties. An
extensive Geotechnical Study included in the preliminary plat application shows that the
remnants of a gravel pit have created a soil condition that is not conducive to foundations or
roads. Furthermore, when looking at the two master planned communities surrounding this
critical land, neither of them contemplated crossing this land with a road throughout their
history.
The surrounding road network provides access by West Babcock Street and Durston Road
via Laurel Parkway. Local access will be provided by Pond Lily Drive, Vaughn Drive via Laurel
Parkway, and Vaughn Drive through the neighboring Lakes at Valley West. An easement for the
future extension Cascade Street will be provided on the final plat if the connection of Cascade
Street becomes necessary in the future. Access to the existing Church is provided via
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Cottonwood Road and West Babcock Street. If and when development continues on the east side
of the Baxter Creek corridor further access to that area can be considered.
2. Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, an undue hardship to the owner would result if strict
interpretation of this chapter is enforced;
Criteria is met. Per the applicant’s response, an undue hardship has been placed upon this
property by the soil conditions associated with the existing gravel pit located directly north and
directly in conflict with the extension of Water Lily Drive.
3. The variance will not cause a substantial increase in public costs; and
Criteria is met. Per the applicant’s response, the request to increase the block length between
Cottonwood Road and Pond Lily Drive does not impact public costs.
4. The variance will not, in any manner, place the subdivision in nonconformance with
any other provisions of this chapter or with the city's growth policy.
Criteria is met. Per the applicant’s response, outside of the requested variances the subdivision
will be in compliance with the UDC and the Growth Policy. This is demonstrated through the
Preliminary Plat Application and City Review.
Staff Recommendation. The West Park Neighborhood preliminary plat application proposes to
not construct Water Lily Drive to the southern property line which creates non-compliance with
BMC 38.410.040.B. The applicant has satisfied the variance criteria in BMC 38.250.080.B and
provided sufficient documentation and reasoning to support the non-compliance. Based on the
information provided with this application, the Director of Transportation and Engineering and
City staff support the subdivision variance request.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats 24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include one (1) signed reproducible copy on a
3 mil or heavier stable base polyester film (or equivalent) and one (1) digital copy in PDF
format. The Clerk and Recorder will file the new Conditions of Approval sheet as the last
same sized Mylar sheet in the plat set.
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2. The developer must 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 or other demonstrations of compliance with standards have been
satisfactorily addressed. This narrative must be in sufficient detail to direct the reviewer
to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
3. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not
the subdivider) shall transfer ownership to the property owners’ association of any open
space proposed to be conveyed to the property owners’ association and all its right, title,
and interest in any improvements made to such parkland or open space. For the transfer
of real property, the subdivider or owner of the property shall submit with the application
for final plat a warranty deed or other instrument acceptable to the City Attorney
transferring fee simple ownership to the property owners’ association and associated
realty transfer certificate. The subdivider or owner of the property must record the deed
or instrument at the time of recording of the final plat. For personal property installed
upon open space owned by the property owners’ association, the subdivider shall provide
an instrument acceptable to the City Attorney transferring all its rights, title and interest
in such improvements including all applicable warranties to such improvements.
4. The applicant is responsible for completing all required documents within the West Park
design guidelines and CC&Rs including providing all definitions, exhibits, and
appendixes during the final plat application submittal.
5. Pedestrian walks must be maintained by the adjacent property owner or by the property
owners' association. The party responsible for maintenance of pedestrian walks must be
identified in the preliminary plat application. Please include this information in the
CC&Rs for future pedestrian walks within the West Park Phase 1 Site Plan and future
subsequent site plans or subdivisions to ensure these will be maintained accordingly.
6. This notation must be included on the conditions of approval sheet of the final plat: This
is a known area of high groundwater. No crawl spaces or basements may be constructed.
Sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps
are not allowed to be connected to the drainage system. Water from sump pumps may not
be discharged onto streets, such as into the curb and gutters where they create a safety
hazard for pedestrians and vehicles.
7. This notation must be included on the conditions of approval sheet of the final plat:
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, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas.
All areas within the subdivision that are designated herein as common open space
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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 the West Park Subdivision.
8. This notation must be included on the conditions of approval sheet of the final plat: In
accordance with Section 38.410.040.D BMC, as no continuous length of block may
exceed 600 feet without intersecting a street or pedestrian walk, all subsequent site plans
or subdivisions for Lots 1 and 2, Block 1; Lot 1, Block 2 and Lot 1 Block 3 of the West
Park Major Subdivision (Amended Plat of Lots R1A, R1B, R1C, and R1D, of Norton
East Ranch Subdivision Phase 6) must be reviewed and found to be in conformance with
this provision.
9. This notation must be included on the conditions of approval sheet of the final plat: If
individual lots deviate from the subdivision phasing plan, the City reserves the right to
require alternative timing to the installation of all applicable subdivision infrastructure
improvements at the time of plan review for development on the phased lots and will be
based upon the utility and transportation infrastructure required to support the proposed
intensity of development at the time of plan review.
10. This notation must be included on the conditions of approval sheet of the final plat: The
maintenance of all stormwater facilities is the responsibility of the property owners
association (POA).
11. This notation must be included on the conditions of approval sheet of the final plat if
parkland has not been fully accepted by the Parks Department prior to final plat approval:
Although an easement or parkland dedication is required at the time of Final Plat, the
Parks and Recreation Department does not assume maintenance responsibility for
parkland and improvements until the following have been completed after Final Plat: 1)
the constructed park meets requirements of 38.420.080 and the approved park master
plan, 2) all conditions of approval for the subdivision or park master plan are completed,
and 3) written acknowledgement of final acceptance has been provided by the City.
12. This notation must be included on the conditions of approval sheet of the final plat:
Private utilities are not allowed within parkland unless otherwise approved by the
Director of Parks and Recreation.
13. A preconstruction meeting with the Parks Division is required prior to any site work
within the park area. The applicant must provide final park plans with all parkland
improvements proposed and schedule a preconstruction meeting at least 30 days prior to
planned commencement of parkland construction.
14. Per Sec. 38.220.020.A, the applicant must contact the Gallatin County Conservation
District, Montana Department of Environmental Quality, and U.S. Army Corps of
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Engineers regarding the proposed project and any required permits (i.e., 310, 404,
Turbidity exemption, etc.). Any required permits must be obtained by the applicant and
provided to the Community Development Department prior to the commencement of any
work on the phase being constructed.
15. The applicant must ensure that the Conservation Easement between Norton Ranch
Properties, LLC and the US Army Corps of Engineers within the City park parcel is
transferred to the City of Bozeman with the final plat.
16. The proposed project is located within the service area of the Norton Ranch Lift Station.
The capacity of the station is currently fully dedicated. The West Park Neighborhood
Subdivision may not exceed the lift station capacity reserved for the subject property
(300 units) without an upgrade to the existing lift station and associated force main.
17. The proposed project is located within one-half mile of the intersection of Durston Road
and Laurel Parkway. The full West Park Neighborhood Subdivision Traffic Impact Study
indicates the subject intersection will not meet the City's level of service standard at full
buildout in the design year required per BMC 38.400.060.B.4. The supplemental West
Park Neighborhood traffic impact study proposes a phasing plan to satisfy BMC
38.400.060.B.4 during phase 1 and phase 2, and re-evaluate the intersection of Durston
Road and Laurel Parkway during phase 3. The West Park Neighborhood Subdivision
may not exceed the reserved intersection capacity for the subject property (252 units), or
proceed with phase 3 without re-evaluating the subject intersection. The following
capacities will be reserved for the first two phases.
a. Phase 1: 102 dwelling units
b. Phase 2: 120-150 dwelling units
18. If well/irrigation improvements are accepted by Parks Department prior to final plat
approval by City Commission, then follow these steps: 1) Complete 602 Form – Notice
of completion of exempt groundwater development. Form is completed by developer,
then reviewed by city for completeness/accuracy, and 2) File final plat and warranty deed
transferring fee title to parkland. If well/irrigation improvements are financially
guaranteed under an IA prior to final plat approval by city commission, then follow these
steps: 1) File final plat and warranty deed transferring fee title to parkland. 2) Complete
well/irrigation improvements. Prior to release of financial security and closeout of IA,
developer to complete 602 Form for review by city.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080.A. Compliance with regulations required. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.220.060.A.14.b – Irrigation information. The applicant must provide park
irrigation information meeting the site plan requirements at whichever comes first: either
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30 days prior to the preconstruction meeting, or with an Improvements Agreement
proposal.
3. Sec. 38.220.310.C.1 & E. Property owners association. The property owners'
association must be formed before any properties are sold. For a multiphase project, the
property owners' association must be created for the entire project with the first phase.
Please provide the recorded covenants, conditions, and restrictions for West Park
Neighborhood Condominiums prior to final plat approval.
4. Sec. 38.270.030. Completion of improvements. Please provide the following condition
of approval related to notice of restrictions due to uninstalled infrastructure to read as
follows on the final plat: NOTICE IS HEREBY GIVEN to all potential purchasers of
Lots 1 and 2, Block 1; Lot 1, Block 2 and Lot 1 Block 3 of the West Park Major
Subdivision (Amended Plat of Lots R1A, R1B, R1C, and R1D, of Norton East Ranch
Subdivision Phase 6) City of Bozeman, Gallatin County, Montana, that the final plat of
the subdivision was approved by the Bozeman City Commission without completion of
certain on and off site improvements required under the Bozeman Municipal Code, as is
allowed in Chapter 38.270 of the Bozeman Municipal code. As such, this Restriction is
filed with the final plat that stipulates that any use of these lots is subject to further
subsequent subdivision or site plan review, and no certificate of occupancy shall be
granted for these lots until all on and off site improvements are completed as required
under the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Certificates of
Occupancy will not be issued for Lots 1 and 2, Block 1; Lot 1, Block 2 and Lot 1 Block 3
of the West Park Major Subdivision (Amended Plat of Lots R1A, R1B, R1C, and R1D,
of Norton East Ranch Subdivision Phase 6), City of Bozeman, Gallatin County, Montana
until all required on and off site improvements for the West Park Major Subdivision are
completed and accepted by the City of Bozeman in accordance with the accepted Phasing
Improvements Plan for West Park Major Subdivision. No building structure requiring
water or sewer facilities shall be granted a certificate of occupancy for these lots until the
restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision, site plan review, or the written consent of the City of Bozeman.
5. Sec. 38.270.030.D. Exception for concurrent construction. In certain circumstances,
the issuance of a building permit may be allowed prior to completion of the public
infrastructure, provided that the criteria listed in this section are met. Prior to final plat, 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. Additional code provisions applicable to concurrent construction
approval are as follows:
a. 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
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security is used, the amount will 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.
b. The 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.
c. 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.
d. 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.
6. Sec. 38.320.030.A. Maximum Lot Area (Net Acres) - The maximum lot area (net acres)
for lots in R-4 is 2.5 net acres. Departures from the maximum lot size requirements may
be allowed where the planned development fits into the context of the neighborhood and
proposed pedestrian and vehicular circulation measures meet community objectives.
a. The applicant has submitted a departure from this provision to accommodate
greater block and lot sizes within the proposed subdivision. Staff finds the street
and pedestrian pathway layout of the proposed subdivision creates corridors with
the intention to avoid critical lands and incorporate greater pedestrian access
through pathways to be dedicated to the City in subsequent site plan submittals
for each phase of development.
7. Sec. 38.400.040.A.2. - Street Names. Street names must be reviewed and approved by
the County’s Geographic Information Systems (GIS) and City’s Engineering Department
prior to final plat approval. The applicant must submit written approval from both entities
with the final plat application. The applicant is advised to contact Jenny Connelly with
the City’s Engineering Department to discuss street naming. As briefly discussed in our
meeting on July 14, 2022, Vaughn Drive may need a different street name south of the
midblock crossing since it loops back on itself.
8. Sec. 38.410.060. - Easements.
a. List all easements and recorded document numbers on the Conditions of Approval
Sheet.
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b. Easements for storm water facilities, water mains and sanitary sewer mains, as
shown on the preliminary plat, shall be submitted for review and filed prior to the
commencement of any work on the site and/or concurrently with the final plat
approval, whichever is sooner.
c. Drafts must be prepared for review and approval by the city. Executed and signed
hard copies of the easements must be submitted to the review engineer for City
Commission approval and filing with the county clerk prior to final plat approval.
The applicant may contact the review engineer to receive standard templates.
9. Sec. 38.410.130.C.2. Water Adequacy. Water rights or cash-in-lieu of water rights must
be provided with any future site plan development or applicable development application.
A note must be included in the conditions of approval sheet indicating this information.
10. Sec. 38.550.070. Landscaping of public lands. In accordance with the requirements of
BMC 38.550.070, installation by the developer of vegetative ground cover, boulevard
trees, and irrigation system in the public right-of-way boulevard strips on perimeter
streets and in and adjacent to City park lots and all open space lots is required prior to
final plat approval or subject to an improvements agreement. Boulevard improvements
are not required until the development of the adjacent lot.
11. Sec. 38.610.090. Wetland permit conditions. Please ensure the requirements for
maintenance and monitoring of wetlands on the subject property are provided in
conformance to the standards and regulations of the BMC. The City’s Wetlands Review
Consultant has provided comments date January 27, 2023 that must be addressed prior to
final plat approval.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions and code provisions on December
9, 2022.
The Community Development Board acting in their capacity as the Planning Board will
considered compliance of the application with the growth policy on February 6, 2023.
The City Commission is scheduled to review the preliminary plat and make a decision at their
February 28, 2023 public meeting.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
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Applicable Subdivision Review Criteria, Section 38.240.150.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 was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements and Condition 1 and 2, the final plat
must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal
Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law as denoted in
Code Requirement 1. Sections 3 and 4 of this report identify conditions and code provisions
necessary to meet all municipal standards. The listed code requirements address necessary
documentation and compliance with standards. Therefore, upon satisfaction of all conditions and
code corrections the subdivision will comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meeting were
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 will make
the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-616 may include
variances or other instances of lack of compliance to standards and procedures to be granted per
approval of the City Commission or addressed per code provisions and conditions of approval.
The Department of Community Development received a preliminary plat application on May 25,
2022. The DRC reviewed the preliminary plat application and determined the submittal did not
contain detailed, supporting information that was sufficient to allow for the continued review of
the proposed subdivision on July 5, 2022.
A revised application was received on September 2, 2022. The DRC determined the applicant
was still not adequate for continued review on October 14, 2022.
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A revised application was received on November 16, 2022. The DRC determined the application
was adequate for continued review on December 9, 2022 and recommended conditions of
approval and code corrections for the staff report.
The City scheduled public notice for this application from January 20, 2023 to February 28,
2023. The applicant posted public notice on the subject property on January 20, 2023. The
applicant sent public notice to landowners of record within 200-feet of the subject property via
first class mail, on January 18, 2023. No public comment had been received on this application
as of the writing of this report.
On February 2, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required 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 will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer - The subdivision will not significantly burden city water and sewer infrastructure
with the recommended conditions of approval and code provisions. The required design report
has been provided. Formal plans and specifications have been prepared and reviewed within this
preliminary plat submittal. According to the Montana Department of Natural Resources &
Conservation (DNRC), existing water rights are associated with the subject property. The
proposed subdivision would eliminate the irrigated pasture and no longer require the water rights
for this use. However, there will be no impact or alteration of the sources of any water rights.
The applicant intends to pay cash-in-lieu of water rights at the time of site plan approval for each
lot per code provision 9. The proposed project is located within the service area of the Norton
Ranch Lift Station and its capacity is fully dedication. Per condition 16, this proposed
subdivision may not exceed the lift station capacity reserved for the subject property (300 units)
without an upgrade to the existing lift station and associated force main.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 8 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways. Additional required easements include storm drain,
sanitary sewer, and pedestrian pathways to ensure public safety over the course of the full build
out. All easements must be provided using the City’s standard language.
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Parks – The proposed subdivision will be meeting their required parkland through a combination
of land dedication and cash-in-lieu of parkland. 4.51 acres of dedicated parkland is being
proposed, which leaves a shortage of 0.56 acres. The remaining 0.56 acres will be provided as
improvements-in-lieu of parkland. Additionally, 6.99 acres of wetlands, ponds, or streams will
be preserved on site and within the parkland network. There are several parks within a 10 minute
walk from the proposed development and a few of the largest include: the Lakes at Valley West,
Valley West Park, Norton East Park, and Bronken Park. The proposed park is located adjacent to
Bronken Park and the Lakes at Valley West to create a continuous parkland experience and
recreation trail network.
Subsequent development will come in as 2 phases that will provide improvements-in-lieu to the
proposed parkland. These improvements include a north/south Class II trail along Baxter Creek
that connects to the existing Bronken Park trail network; a central node comprised of seating, a
shade structure, kid’s playground, picnic area, and climbing feature; and a reconstructed wetland
with trails, native plantings, and seating that will expand the greater Baxter Creek. Phase 1 is
proposed as concurrent construction with this proposed development, so the proposed parkland
will include Phase 1 improvements. Phase 1 improvements are comprised of enhancing the
reconstructed wetland, constructing a bridge connection at the Bronken Park wetland crossing,
and providing a Class II north/south trail.
There are five conditions and code provisions related to park area requirements, cash donation
and infrastructure donation in lieu of land dedication, and park development. Condition 11
requires a note on the final plat if the proposed parkland has not been fully accepted by the Parks
Department prior to its approval to ensure that the developer completes the requirements of the
code and the City’s design standards prior to our assumption of maintenance on the parkland.
Condition 12 requires a note on the final plat regarding the allowance of private utilities within
parkland to ensure private utilities may not be on public land unless otherwise approved by the
City. Condition 13 requires a preconstruction meeting with the Parks Division prior to
commencement of parkland construction. This provision will help the applicant to follow the
correct construction process with the City. Condition 18 provides the processing for well and
irrigation improvements dependent on if installed by the developer and accepted by the Parks
Department or if guaranteed by the developer prior to final plat approval by the City
Commission to ensure the appropriate forms are filed with the DNRC. Lastly, code provision 2
denotes that park irrigation information must be provide prior to the preconstruction meeting or
with an improvements agreements to ensure it meets the site plan requirements and is acceptable
by the Parks Department. The proposal meets the required park dedication and improvement
standards with conditions and code provisions.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code and design standards. A stormwater management plan was submitted and
reviewed by the Engineering Division with this preliminary plat. Stormwater runoff from
the right of ways will be directed as street runoff to inlets and then conveyed to stormwater
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retention ponds for storage and treatment. The stormwater from the individual sites will be
addressed with each individual site as part of the site plan review process. The maintenance of
stormwater facilities is the responsibility of the property owner’s association as denoted in
Condition 10.
Agricultural water user facility - There are no active agricultural water user facilities on the
subject property. An abandon “agricultural drain/man-made canal” rungs along the west side of
Baxter Creek. This relic irrigation features was previously investigated last year and there is no
source of flow to the ditch on the south side and no outflow on the north side of the canal. A
headgate and culvert pipe are located in the mid-section of the ditch and are non-operational. A
small “private” irrigation ditch is proximity to the subject property. Based on the “private” status,
there is no irrigation ditch company to provide discontinuance information.
Concurrent construction - The applicant requested concurrent construction per BMC
38.270.030.D. Code provision 5 requires the applicant to provide concurrent construction
approval prior to final plat approval as well as appropriate improvements agreement applications
for required infrastructure and landscaping. An approved concurrent construction plan from the
DRC will allow the applicant to complete required improvements with an improvements
agreement within two years of the date of final plat approval. Condition 9 is provided to allow
for the City to require alternative timing for the installation of subdivision infrastructure
improvements if there are changes to the subdivision phasing or intensity of development. Code
provision 10 requires that landscaping for boulevard strips and open space lots are guaranteed or
installed prior to final plat approval. The installation of boulevard trees and landscaping will be
phased based on the proposed phasing plan to allow for flexibility in the development proposal.
Per code provision 4, the lots are restricted until all on and off site improvements are completed
and accepted by the City of Bozeman in accordance with the accepted Phasing Improvements
Plan for the proposed subdivision.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary addresses will be provided to enable 911 response
to individual homes prior to recording of the final plat. Fire protection standards require
installation of fire hydrants at designated spacing to ensure adequate protection.
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. Code
requirement No. 8, requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated street right of ways.
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6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on February 10, 2021 and four subdivision variances were requested as denoted here. The
applicant requested and was granted waivers for Wildlife, and Agriculture.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water. Baxter Creek flows through the
eastern portion of the proposed subdivision and is the only natural surface water located on the
subject property. A total of five wetlands are located on the property and delineated Wetland 4,
located adjacent to Baxter Creek, is the only one of jurisdictional status. An abandon irrigation
ditch also runs along a portion of Baxter Creek and the fringe wetlands in this area. A covenant
of dedication for a wetland conservation easement was previously established between Norton
Properties LLC and the US Army Corps of Engineers to protect this watercourse and restrict this
area from certain development. Where intact wetlands and watercourses are present setbacks
have been delineated and identified pursuant to BMC 38.410.100. Watercourse setback plantings
are included in the landscaping plans for the proposed park. Plantings are required to be installed
or financially guaranteed with final plat. The applicant has also requested two subdivision
variances in order to conform to the provisions of the conservation easement and avoid
impacting the area.
One of the non-jurisdictional wetlands, Wetlands 3, is located north central to the subject
property will be impacted for the construction of Block 1, Lot 1, and Block 1, Lot 2. Due to
dewatering from the borrow pit located on the southeast portion of the property, this wetland
artificially expanded from 1.25 acres to 2.49 acres from its original delineation in 2006 to 2021.
The applicant is proposing to recreate the original 1.25 acres near the borrow pit in the southeast
corner of the subject property and provide for an enhanced pond feature as a component of the
dedicated parklands. The proposed mitigated wetlands and enhancements to the borrow pit will
continue as a wildlife habitat and offer a biological connection to the Wetlands 4 located near
this area. Additionally, this will provide recreation opportunities to the community.
The remainder of the proposed West Park Subdivision would be designed to avoid impacts to
all other delineated features on the subject property. This includes Wetlands 1 and Wetlands 5
which are located in a proposed open space lot (Block 2, Open Space 1) and a portion of which is
also under the same wetlands conservation easement previously mentioned. This easement must
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be transferred to the City of Bozeman with the final plat per code provision 15 to ensure the City
has to ability to consent to any changes in this area with the dedication of the parklands.
Additionally, code provision 11 requires the applicant to address wetlands monitoring and
maintenance for existing wetlands and mitigated wetlands on the subject property in
conformance with Division 38.610 of the BMC. Applicable permits required must be submitted
prior to any site work for the phase being constructed on the subject property, per Condition 14.
38.220.060.A.2 - Floodplains
The applicant submitted a flood hazard analysis report with this proposed preliminary plat which
was evaluated by the Engineering Division and found to be in conformance with Division
38.600. This report indicated that there is no defined floodplain associated with Baxter Creek or
any other components of the subject property as mapped by FEMA. As previously denoted, The
Baxter Creek corridor is located in a wetland conservation easement which limits certain
development activity along this corridor which would avoid floodplain impacts to the
developable land within the proposed subdivision. The width of the flood hazard area varies
between 40 to 130 feet and in fully contained within the conservation easement and watercourse
setbacks denoted in Sec. 38.410.100.A.2. The flood hazard area will not impact any aspects of
the proposed development.
38.220.060.A.3 – Groundwater
A geotechnical site evaluation was completed in March 2021 and included seven test pits across
the entire West Park development. A memo detailing groundwater flow modeling was completed
in April 2022 with updates in August 2022 and October 2022. Across the seven monitoring
wells, the depth to groundwater was generally at its shallowest in late May and ranged from 0.33
feet to 2.64 feet below ground surface. Groundwater was generally at its deepest level in late
September/early October with groundwater levels between 1.69 feet and 3.54 feet below ground
surface. With the limited data provided for the subject property, it appears groundwater levels
fluctuate at or less than approximately two feet throughout the calendar year. The Engineering
Division has determined that 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 6 on the plat 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. This requirement will protect both future structure
owners from future hazards of flooding and lessen burden on the public from illicit discharges.
38.220.060.A.4 - Geology, Soils and Slopes
A field investigation of the subject property was conducted in 2020 and recommendations for the
development of the subject property were included in the report. Based on the investigation,
there are no known natural geologic hazards on the site. The report denotes that there was
previous mining activity in the southeast quadrant of the proposed subdivision, the majority of
which is located within the proposed park, while a portion is within Block 3, Lot 1. The report
recommends further geotechnical investigation be completed to determine the extents of
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the mining activity and to develop recommendations for building on the mining disturbed area if
any roads or building are proposed for the disturbed area on Block 3, Lot 1. There are no unusual
features on the site. The site has high groundwater but that is typical of most areas being
developed in Bozeman and as such is not unusual. Condition 6 as previously mentioned will
address concerns with seasonal high groundwater. There are no slopes greater than 15% on the
site. A soil map and NRCS soil information was included in the submitted geotechnical report.
Due to the known high groundwater and soil conditions within the proposed area of
development, an increased rate of corrosion has been observed with ductile iron water mains,
thus decreasing the longevity of publicly owned and maintained infrastructure. The Engineering
Department has provided informational comments to the applicant regarding corrosion protection
required for future water mains within the development. Corrosion protection must be addressed
prior to the infrastructure approval associated with this development. It is not anticipated that
cuts or fills will exceed three feet on the subject property.
38.220.060.A.5 - Vegetation
The applicant provided a memorandum and map regarding vegetation. All critical plant
communities will be protected as they reside within an area of the proposed subdivision that is
protected by a restrictive wetland protection covenants. A noxious weed management and
revegetation plan was approved by the Gallatin County Weed District in accordance with the
Montana County Noxious Weed Control Act (MCA 7-22- 21) for the control of noxious weeds
and was submitted with the preliminary plat application.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife as no critical wildlife species or habitats
are known to be found on the subject property. A waiver for wildlife was granted during the Pre-
Application process.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture as the subject property has been found to not be a
viable farm unit. A waiver for agriculture was granted during the Pre-Application process.
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
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of Environmental Quality Standards and Regulations. See discussion above under primary
review criteria for further details.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above under
primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development and the existing neighborhoods by
completing the street grid in the area with conditions, code provisions, and subdivision variances.
The proposed subdivision is bordered by West Babcock Street to the south, Laurel Parkway to
the west, and has access to Vaughn Drive to the north. The internal subdivision roads will
consist of an extension of Vaughn Drive for its current terminus to Laurel Parkway (Phase 1) and
an extension of Pond Lily Road from West Babcock Street to its proposed connection to Vaughn
Drive (Phase 2). This proposed subdivision will include City standard 5’ wide sidewalks along
all street frontages increasing the pedestrian connectivity in the area as whole. This includes
pedestrian facilities along West Babcock Street, Laurel Parkway as well as along both sides of
Vaughn Drive and Pond Lily Road. Midblock pedestrian pathways are proposed throughout the
proposed subdivision. For Phase 1, this includes a midblock pedestrian pathway through the
middle of Block 1 going east-west and in the open space between Block 1, Lot 1 and Block 1,
Lot 2 going north-south. For Phases 2, east-west and north-south pedestrian pathways will be
provided on Block 2, Lot 1. For Phase 3, an east-west pedestrian pathway will be provided on
Block 3 Lot 1. Final locations and configurations of these pathways will be completed as part of
the site plans for each lot. These pedestrian pathways will be 5’ wide sidewalks located in 30’
wide easements. Please see Sec. 38.220.060.A.14 below for details on additional pedestrian
facilities located in the proposed park. Per Condition 5, pedestrian pathways must be maintained
by the property owners' association which must be denoted in the CC&Rs for future pedestrian
pathways within the West Park Phase 1 Site Plan and future subsequent site plans prior to final
plat approval. Additionally, these pedestrian pathways are required in order to support the
submitted departure per code provision 6 to Sec. 38.320.030.A. which denotes that the maximum
lot area (net acres) for lots in R-4 is 2.5 net acres and departures from the maximum lot size
requirements may be allowed where the planned development fits into the context of the
neighborhood and proposed pedestrian and vehicular circulation measures meet community
objectives. Staff finds the street and pedestrian pathway layout of the proposed subdivision
creates corridors with the intention to avoid critical lands and incorporates greater pedestrian
access through the proposed dedicated pathways to be dedicated to the City in subsequent site
plan submittals for each phase of development.
Code provision 7 requires that that all street naming proposed in the preliminary plat is reviewed
and approved by the County’s Geographic Information Systems (GIS) and City’s Engineering
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Department prior to final plat approval to ensure accuracy in street naming protocols and
orientations.
The existing platted subdivision, Norton East Ranch Phase 6, includes road easements that vary
in location from the proposed roads in this proposal and as such will need to be vacated prior to
filing of the final plat for the West Park Subdivision. Additionally, the existing subdivision
includes an easement to extend a Cascade Street to the east boundary of the property in line with
an existing easement on the adjacent property. The proposed subdivision includes this easement
in a slightly different location but still in line with the existing easement to the east. It is
noted that there is a covenant placed on the subject property by the original developer in
cooperation with the Army Corp of Engineers to protect wetlands which may make construction
of this future road difficult. The applicant has submitted 2 subdivision variances related to this
street connection as detailed in Section 2 above.
A traffic impact study (TIS) was provided by the applicant for the proposed subdivision. The TIS
was reviewed by the Engineering Department have been found to meet City standards for peak
trip generation and level of service with conditions. As detailed in the traffic study, the project is
anticipated to produce up to 2,376 new daily traffic trips when fully built out at 500 units. The
report indicates that the intersection of Durston Road and Laurel Parkway will not meet the
City's level of service standard at full buildout in the design year required per BMC
38.400.060.B.4. The supplemental West Park Neighborhood traffic impact study proposes a
phasing plan to satisfy BMC 38.400.060.B.4 during Phase 1 and Phase 2, and re-evaluate the
intersection during Phase 3. Per Condition 17, The West Park Neighborhood Subdivision may
not exceed the reserved intersection capacity for the subject property (252 units), or proceed with
phase 3 without re-evaluating the subject intersection.
The proposed subdivision is bordered on the south and west with streets that incorporate bike
lanes. No additional bike specific infrastructure is proposed for the subject property. There are no
arterial streets located adjacent to the development. The only modification to an existing street is
to modify Vaughn Drive at its current end point. No gravel alleys are proposed and as such no
dust control provisions are provided. Maintenance of the proposed streets will be completed by
the City of Bozeman. Traffic calming curb bulbs are planned for the intersection of Vaughn
Drive and Pond Lily Road and on Vaughn Drive at the park pedestrian access at the future
location of the extension of Cascade Street. These traffic calming devices are shown on
the preliminary plat with additional detail provided with the infrastructure plan submittal.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and
communication providers.
38.220.060.A.13 - Land Use
The subdivision application has provided future land use data consistent with the R-4 zoning
district and the community plan. 21.51 acres is proposed as developable residential lots, 4.46
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acres as open space areas, 11.52 acres as parks, and 3.34 acres as right-of-way. The proposed
uses of apartments and townhouses are allowed within the R-4 zoning district. For a multi-phase
project such as this proposed subdivision, the BMC requires a property owners’ association to be
formed for the entire project with the first phase per code provision 3. In addition to this
requirement, per condition of approval 4, the applicant must provide completed covenants,
conditions, and restrictions for West Park Neighborhood prior to final plat approval. The
association owns and is responsible for the maintenance of any open spaces within the proposed
subdivision per Conditions 3 and 7.
38.220.060.A.14 - Parks and Recreation Facilities
See above discussion under primary review criteria.
38.220.060.A.15 - Neighborhood Center Plan
The subdivision is exempt from providing a neighborhood center plan per Sec. 38.410.020 as
every lot is within a half mile of an existing neighborhood center to the south of the subject
property located in Norton East Ranch Phase 1.
38.220.060.A.16 - Lighting Plan
A lighting plan is only required where lights are proposed other than within the street right-of-
ways. There are no subdivision lights proposed outside of the street right-of-ways. The proposed
location of lights within the right-of-ways are shown on the preliminary plat drawing.
38.220.060.A.17 – Miscellaneous
There are public lands adjacent to or within 200 feet of all sides of the proposed subdivision
which are all City parklands. The subdivision will not have any negative effect on access to these
public lands. The proposed development will provide additional access to the Baxter Creek
corridor park through the construction of trails within the proposed park and a connecting trail to
the Baxter Creek corridor park. There is no current mining, high pressure gas lines, structures or
high voltage power lines on the subject property. As noted in the geotechnical investigation, the
mining that has previously occurred on the southeast corner of the subject property presents a
potential hazard for construction of buildings or roads if the mined area is not remediated prior to
such construction. This concern is only associated with a portion of Lot 1, Block 3. The proposed
subdivision is not located within a delineated Wildland Urban Interface area.
38.220.060.A.18 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
38.220.060.A.19 – Growth Policy
Please see Appendix A denoted below for an analysis of the proposed subdivision advances to
the adopted growth policy.
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions. This purpose is
accomplished by:
1) Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2) Providing for a variety of compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community’s residents.
3) Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services. This purpose is accomplished by Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
The subject property is designated 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.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support a variety of housing types including townhouses and multi-household units
in an existing developed residential area that is predominantly detached single-household units,
two-household dwellings, and rowhomes. The multi-household lots will support construction of
“missing middle” housing which is contemplated throughout the Bozeman Community Plan
2020. The proposed subdivision is also located near an existing commercial areas known as
Billion Auto Plaza and Ferguson Farms Subdivision to the southeast as well as a partially
developed, commercial area in the Valley West Subdivision and J & D Family Major
Subdivision to the south. The added density adjacent to these commercial centers will add
demand for further development of these B-1 and B-2 zoned areas to the south.
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The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
A park is proposed along the eastern portion of the subject property and pedestrian routes
proposed through and around the development. This site is an additional phase of development
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for the overall Norton East Ranch Subdivision, surrounded by existing and entitled residential
uses to the west, south, and north with complimentary uses such as schools, church, parks, an
entitled grocery store, and employment opportunities within a relatively short distance. There are
no adopted development standards relating to the walk score.
The proposed development is adjacent to Adam Bronken Park and Soccer Complex, which
provides a variety of recreational opportunities from natural walking trails and sports fields in
addition to the proposed parklands which will serve as an extension of this area. The closest
grocery stores are Whole Foods and Rosauers Supermarkets which are on Huffine Road roughly
3.0 miles from the proposed development. There is an approved Site Plan on recorded for Town
& Country Foods to be developed on Fallon Street roughly 1.7 miles from the proposed
development. The two closest schools are the Petra Academy and Meadowlark Elementary
School which are both within 1.5 miles of the proposed development. The Streamline Goldline
has a stop on Ferguson Avenue and West Babcock Street, Ferguson Avenue and Cascade Street,
and North Ferguson Avenue and Durston Street, which is within 0.8 miles to 1.8 miles away
from the proposed development. There are also a variety of restaurants, automobile sales, retail,
and office uses along South Cottonwood, Huffine Line, and Fallon Street, a relatively short
distance from the proposed development which may provide employment opportunities nearby.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing.
N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities
that can be sustained over time. Maintain standards for placement of community focal points and
services within new development.
N-1.7 Review and where appropriate, revise block and lot design standards, including orientation
for solar power generation throughout city neighborhoods.
N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use paths
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time.
N-2.3 Investigate and encourage development of commerce concurrent with, or soon after,
residential development. Actions, staff, and budgetary resources relating to neighborhood
commercial development should be given a high priority.
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household).
N-4.2 Incorporate features, in both public and private projects, to provide organization, structure,
and landmarks as Bozeman grows.
DCD-1.2 Remove regulatory barriers to infill.
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DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or
redevelopment, including evaluating possible development incentives.
DCD-1.12 Prioritize the acquisition and/or preservation of open space that supports community
values, addresses gaps in functionality and needs, and does not impede development of the
community.
DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a means
of promoting personal and environmental health, as well as reducing automobile dependency.
DCD-3.2 Identify missing links in the multimodal system, prioritize those most beneficial to
complete, and pursue funding for completion of those links.
DCD-3.3 Identify major existing and future destinations for biking and walking to aid in
prioritization of route planning and completion.
M-1.11 Prioritize and construct key sidewalk connections and enhancements.
M2.5 Develop safe crossings along priority and high utilization pedestrian and biking corridors.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Tyler Steinway, Intrinsik Architecture, 106 East
Babcock Street Suite 1A, Bozeman, MT 59715, and the representative, Greg Stratton, Kilday &
Stratton, 2880 Technology Boulevard West, Suite 271, Bozeman, Montana, 59719 representing
the property owner, Patrick Eibs, 8FC, LLC, PO Box 11366, Bozeman, Montana, 59719.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the public
comment period/City Commission public meeting per BMC 38.220.420, The City scheduled
public notice for this application on January 20, 2023 to February 28, 2023. The applicant posted
public notice on the subject property on January 20, 2023. The City sent public notice to all
landowners of record within 200-feet of the subject property via first class mail, on January 18,
2023. No public comments have been received as of the writing of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Patrick Eibs, 8FC, LLC, PO Box 11366, Bozeman, Montana, 59719
Applicant: Tyler Steinway, Intrinsik Architecture, 106 East Babcock Street Suite 1A,
Bozeman, MT 59715
Representative: Greg Stratton, Kilday & Stratton, 2880 Technology Boulevard West, Suite 271,
Bozeman, Montana, 59719
Report By: Nakeisha Lyon, Associate Planner
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal , select the “Project Documents Folder” link and navigate to application #22178, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive, the full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262082&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=22-178
Public Comment (not applicable at this time): https://weblink.bozeman.net/WebLink/Browse.aspx?id=229372&dbid=0&repo=BOZEMAN
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Memorandum
REPORT TO:Community Development Board
FROM:Nakeisha Lyon, Associate Planner
Brian Krueger, Development Review Manager
Anna Bentley, Community Development Director
SUBJECT:
Design recommendation regarding West Park Phase 1 site plan proposal for
a total of 102 apartment homes in seven apartment buildings in the West
Park Subdivision, located SE of the corner of Laurel Parkway and Vaughn
Drive, Application 22205 (Quasi-Judicial).
MEETING DATE:February 6, 2023
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Recommend approval of the site plan with conditions, code provisions, and
departures, application 22205, to the Community Development Director as
presented and provide design recommendations and Board Member
discussion.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
This review is in front of the Community Development Board in their
capacity as the Design Review Board (DRB). The Bozeman Municipal Code
(BMC) 38.230.040 sets the thresholds for projects that need the review of
the DRB, or Community Development Board, and this project exceeds those
thresholds. The DRB was established to provide design recommendations
regarding larger proposals to the review authority.
Per BMC 2.05.3000 – Established Powers and Duties “The community
development board established pursuant to Resolution No. 5330 shall act as
the design review board for all purposes under this Code. The design review
board (DRB) is established to evaluate aesthetic considerations of larger and
more complex proposals which are likely to produce significant community
impact and to provide recommendations regarding such proposals to the
77
review authority, subject to the provisions of chapter 38.”
Chapter 38, Article 3 provides code provisions regarding those aesthetic
considerations. Those include Form and Intensity Standards (38.320), Zone
Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter
38, Article 5 also contains code provisions regarding aesthetic
considerations. These include, Block Frontage (38.510), Site Planning and
Design Elements (38.520), Building Design (38.530), Parking (38.540),
Landscaping (38.550), Signs (38.560), and Lighting (38.570). Sections 5, and
7a through 7g of the staff report attached discuss these code provisions.
The property has been annexed, zoned, and subdivided with previous review
by the Planning Board, Zoning Board, and City Commission and approval is in
place. Discussion of land use policy, zoning, and community design is
irrelevant to this meeting. The purpose of this meeting is the proposed
design contained in the applications.
A site plan application for 102 apartment homes in phase 1 of the West Park
Subdivision. Homes are to be constructed in six three-story 18-unit buildings
and one three-story 12-unit building. Associated site improvements include
associated vehicular and bicycle parking, pedestrian pathways, open space,
stormwater infrastructure, landscaping, irrigation, and lighting. The site is
4.33 acres located on Block 1, Lot 1 of the proposed West Park Subdivision,
southeast of the corner of Laurel Parkway and Vaughn Drive. The site is
zoned R-4, residential high density district, and the only proposed uses are
apartments which are consistent with the allowable uses in the R-4 district.
There are currently no remaining corrections from the Development Review
Committee and all community design requirements including transportation
facilities and access, grading, drainage, utilities, and easements are found to
be adequate with conditions and code provisions. The applicant has
requested two departures which are detailed on page 3 of the staff report.
The full application can be viewed at this Laserfiche Links:
Application 22205 West Park Phase 1 Site Plan
Some materials in the submittal relevant to the DRB's duties include:
SP0001 Cover
SP100 Site Plan
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L100 Overall Landscape Plan
L001 Plant Schedule
L300 Landscape Plan 1
L301 Landscape Plan 2
L302 Landscape Plan 3
L303 Landscape Plan 4
L304 Landscape Plan 5
L305 Landscape Plan 6
A300 Exterior Elevations 12-Plex
A301 Exterior Elevations 12-Plex
A350 Perspectives 12-Plex
A300 Exterior Elevations 18-Plex
A301 Exterior Elevations 18-Plex
A350 Perspectives 18-Plex
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the Community Development Board.
FISCAL EFFECTS:
None identified at this time.
Attachments:
22205 DRB Staff Report.pdf
Report compiled on: January 31, 2023
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Community Development Board Staff Report
West Park Phase 1 Site Plan
Application No. 22205
January 31, 2023
Page 1 of 22
Application No. 22205 Type Site Plan
Project Name West Park Phase 1 Site Plan
Summary This is a site plan for the development of seven (7) three story apartment buildings containing 102 dwelling units located on R1A of the Norton East Ranch Subdivision Phase 6. This development application includes associated vehicular and bicycle parking, pedestrian pathways, open space, stormwater infrastructure, landscaping, irrigation, and lighting.
Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 4.33 Acres
Overlay District(s) None
Street Address South of Vaughn Drive, East of Laurel Parkway, North of West Babcock Street
Legal Description Lot R1A of Norton East Ranch Subdivision Phase 6, S09, T02 S, R05 E, Acres 6.63, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat J-694 thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. The legal description will changed upon approval and recordation of the West Park Subdivision Final Plat Application. Owner Patrick Eibs, 8FC, LLC, PO Box 11388, Bozeman, MT 59719
Applicant Tyler Steinway, Intrinsik Architecture, 106 E. Babcock Street, Suite 1A, Bozeman, MT 59715
Representative Same as Owner
Staff Planner Nakeisha Lyon Engineer Simon Lindley
Noticing Public Comment Period Site Posted Adjacent Owners Newspaper Legal Ad
01/20/23 – 02/07/23 01/20/23 01/18/23 N/A
Advisory Boards Board Date Recommendation
Development Review Committee 07/19/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions
Development Review Committee 11/29/2022 Inadequate for Further Review With Applicable Conditions and Code Provisions
Development Review Committee 01/04/2023 Adequate for Further Review With Applicable Conditions and Code Provisions
Design Review Board 02/06/23 TBD
Recommendation The application is sufficient for approval with conditions and code provisions Decision Authority Director of Community Development Date 01/31/23
Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?id=262090&dbid=0&repo=BOZEMAN
File of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715
Community Development Board acting as the Design Review Board Recommended Motion: “Having reviewed and
considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented
in the staff report for application 22205 and move to recommend approval of the site plan application with subject to conditions
and all applicable code provisions.”
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Community Development Board Staff Report
West Park Phase 1 Site Plan
Application No. 22205
January 31, 2023
Page 2 of 22
PROJECT SUMMARY
This site plan application proposes the construction of 102 apartment homes within six three-story 18-unit buildings and one
three-story 12-unit building in phase 1 of the West Park Subdivision. The site is 4.33 acres located on Lot R1A of the Norton
East Ranch Phase 6 Subdivision, which is proposed as Block 1, Lot 1 of the the West Park Subdivision (#22178). The
proposed development is located southeast of the corner of Laurel Parkway and Vaughn Drive. The site is zoned R-4,
residential high density district, and the only proposed uses are apartments which are consistent with the allowable uses in
the R-4 district. Each building ranges in total gross square footage (sf) of 13,392 sf to 16,854 sf. The applicant proposes a
total of 185 parking spaces to serve the 18-one bedroom units and 84-two bedroom units. A total of 16,975 sf of private open
space is provided to serve residents. Additionally associated site improvements include associated bicycle parking,
pedestrian pathways, stormwater infrastructure, landscaping, irrigation, and lighting. There are currently no remaining
corrections from the Development Review Committee and all community design requirements including transportation
facilities and access, grading, drainage, utilities, and easements are found to be adequate with conditions and code
provisions.
This site plan proposes more than 45 dwelling units and 90 vehicular parking, therefore, pursuant to sections 38.210.010 and
38.230.040, The Community Development Board (CDB) acting as the Design Review Board (DRB) authority is required to
make advisory comments and a recommendation to the Director on this site plan application. The DRB was established to
provide design recommendations regarding larger proposals to the review authority.
Per BMC 2.05.3000 – Established Powers and Duties “The community development board established pursuant to
Resolution No. 5330 shall act as the design review board for all purposes under this Code. The design review board (DRB) is
established to evaluate aesthetic considerations of larger and more complex proposals which are likely to produce significant
community impact and to provide recommendations regarding such proposals to the review authority, subject to the
provisions of chapter 38.”
Chapter 38, Article 3 provides code provisions regarding those aesthetic considerations. Those include Form and Intensity
Standards (38.320), Zone Specific Provisions (38.330), and Overlay District Standards (38.340). Chapter 38, Article 5 also
contains code provisions regarding aesthetic considerations. These include, Block Frontage (38.510), Site Planning and
Design Elements (38.520), Building Design (38.530), Parking (38.540), Landscaping (38.550), Signs (38.560), and Lighting
(38.570). Sections 5, and 7a through 7g of the staff report attached discuss these code provisions.
The property has been annexed, zoned, and subdivided with previous review by the Planning Board, Zoning Board, and City
Commission and approval is in place. Discussion of land use policy, zoning, and community design is irrelevant to this
meeting. The purpose of this meeting is the proposed design contained in the applications.
The Community Development Board meeting will occur on Monday, February 6, 2023 in person at 6:00 p.m., in the
Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Members of the public will also be able to participate
remotely. Instructions for joining the remote meeting will be included on the meeting agenda, which is published on the City’s
website at least 48 hours prior to the meeting. The agenda is available at https://www.bozeman.net/meetings. The public
notice period begun on January 20, 2023 and ends February 7, 2023. Within 10 days of the closing of the public comment
period, the Director of Community Development will make the final decision on this application.
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Community Development Board Staff Report
West Park Phase 1 Site Plan
Application No. 22205
January 31, 2023
Page 3 of 22
DEPARTURES REQUESTED
1. Standard: BMC 38.320.030.A. The maximum lot size for a residential used R-4 zoned lot is 2.5 acres.
a. Departure: BMC 38.320.030.A. Footnote.3. Departures from the maximum lot size requirements may be
allowed where the planned development fits into the context of the neighborhood and proposed pedestrian
and vehicular circulation measures meet community objectives.
b. Applicant’s Response: The applicant indicated that the current trend in platting is to plat larger lots so
that a potential buyer can come in and build several units on the same lot which has occurred throughout
Bozeman in subdivisions such as the South University District and Blackwood Groves. The intent of this
maximum lot size within code is to ensure good urban context and connectivity. In the West Park
Subdivision, the proposed street grid has been extended to logical points while avoiding critical lands.
Additionally, several of the proposed blocks do not meet the block length requirement, however, are
conditioned within the preliminary plat that during subsequent site plan review, pedestrian pathway
easements will be dedicated to the City. By ensuring north/south and east/west pedestrians connections, it
will allow for residents to move through the neighborhood off of a street into a safer environment. While
several of these connections are in early planning processes, it is envisioned that they will help connect to
the park system to the east. Furthermore, the proposed streets within the West Park Subdivision
incorporate pedestrian friendly sidewalks and intersections. With the extension of logical streets and the
requirement to break up block with pedestrian accesses it ensures that all of these lots will have good
connectivity.
c. Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request consistent with the
proposed preliminary plat. The applicant has requested this departure as a component of the individual site
plan to ensure that Phase 1 at minimum may vary from this requirement if the departure is not approved as
a component of the preliminary plat. West Park Phase 1 fits into the context of the proposed West Park
Subdivision for higher density residential development focused on the development of missing middle
housing styles. The proposed vehicular and pedestrian circulation within Phase 1 functions to provide
multimodal accessibility with respect to enhanced connectivity between the neighborhood and the existing
Bronken Park and proposed City Park to the east of this site.
2. Standard: BMC 38.510.020.F.1 & 3. When a building or buildings is located such that it faces and is adjacent to
multiple block frontages, the orientation of the front of the building must be sited and placed on the property in the
following order of precedence:
i. Streets (all types)
ii. Trail/Park.
iii. Special residential or internal roadway (parking areas/lots, block separation corridors)
All buildings must be placed and designed to present the front and primary facade to the block frontage or street
block frontage that is highest in the order of precedence.
a. Departure: BMC 38.510.020.F.1.d. Departures may be considered provided the location and front
orientation of the buildings are compatible with the character of the area and enhance the character of the
street.
b. Applicant’s Response: The applicant indicated that the departure request pertains to Building 18-Plex (A)
which is perpendicular to Laurel Parkway with no entry or weather protection on the west façade. There
would be a high volume of residential traffic along the Laurel Parkways, an arterial street, and limited
pedestrian traffic beyond the public sidewalk. Due to the overall site constraints, we are unable to orient
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18-Plex (A) building entries directly to the street. If we were able to do so, it would greatly affect the
efficiency of the site layout in terms of unit density, which is paramount in the feasibility, and success of the
development. Additionally, if we were to address the building orientation requirement, it would require a
new apartment design, or entries directly into private bedrooms. Both options detract from the overall
consistency and cohesiveness of the project as a whole. We have had the same departure approved for
Oak and Cottonwood Phase 1 at West Oak Street and Twin Lakes Avenue within Oak and Cottonwood
Master Site (project #20433) and Boulder Creek Phase 1 at Sherwood Way and Abigail Lane in The
Boulder Creek Site Plan (project #19021), both reviewed by Danielle Garber.
c. Staff Evaluation: Criteria met. Staff acknowledges and supports the departure request as the location and
front orientation of the buildings along the internal drive aisle is compatible with the character of the area.
The buildings orientated along Laurel Parkway (18-plex B and 12-plex A) in conjunction with their overall
design, pedestrian walkways and the design of the side of 18-plex A will enhance the character of the
street.
FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE
A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to permit seven (7) three story apartment buildings containing 102 dwelling units located on R1A of the Norton East Ranch Subdivision Phase 6. This development application includes associated vehicular and bicycle parking, pedestrian pathways, open space, stormwater infrastructure, landscaping, irrigation, and lighting. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied.
B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director has found that the proposed Site Plan would comply with the requirements of the BMC if certain conditions were imposed. Therefore, being fully advised of all matters having come before them regarding this application, the Director makes the following decision.
C) The Site Plan has been found to meet the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this ______ day of _______________2023, Anna Bentley, Director of Community Development, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC.
D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Clerk of the Commission for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT
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DRAFT CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions
of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. The Fire Department requires sidewalks from patios containing fire riser room to access doors to public way to be
installed prior to final site plan approval.
3. The West Park Final Plat must be approved prior to final site plan approval. Please resubmit the site plan after the
final plat has been approved for verification that the previously submitted information in this application is still
accurate.
4. This Site Plan meets all parkland requirements contingent on acceptance of subdivision Final Plat.
DRAFT CODE PROVISIONS
1. BMC 38.410.030 - Water adequacy. Provide proof of payment for cash-in-lieu of water rights prior to final site plan
approval. Contact Griffin Nielsen, gnielsen@bozeman.net with any questions or your reviewing engineer for the final
total based on estimated annual municipal water demand.
2. BMC 38.410.060 – Easements. Please submit executed hard copies of the water and sewer pipeline access
easement, utility easement and pedestrian access easement documents to the review engineer prior to final site
plan approval for commission approval and filing with the county clerk. An exhibit signed and stamped by a
professional land surveyor licensed in the State of Montana must also be submitted with each easement document.
Please make any corrections as denoted by Staff to the release and reconveyance document for the existing
stormwater easement. The perpetual access easement needs to use the city standard pedestrian access easement
template as provided.
3. Sec. 38.410.120. - Mail delivery. Please provide an off-street area for mail delivery within the development in
cooperation with the United States Postal Service. The city will not be responsible for maintaining or plowing any
mail delivery area constructed within a city right-of-way. Staff does not see a denoted mail delivery area for these
12-plexes and 18-plexes and the plans must denote this area accordingly.
4. Sec. 38.610.070. Application requirements and procedures for activities in wetland areas. All proposals for
regulated activities denoted in Sec. 38.610.060 in wetlands areas, as described in section 38.610.030, must be
reviewed and approved by the review authority. This Site Plan for Phase 1 of the West Park Subdivision cannot be
deemed sufficient for approval until the proposed wetlands review and mitigation plan has been reviewed and
approved as a component of the West Park Subdivision Preliminary Plat Application, No. 22-178.
INFORMATION ONLY
1. Building - The requirement for Type A units is calculated as a site in total or total dwelling units per Section
1107.6.2.2.1 of the 2018 IBC.
2. Building - City of Bozeman and the State of Montana are adopting the new ICC 2021 Building Codes Spring of
2022. State adopted June 10th. City estimated adoption July, 2022.
3. Engineering - The applicant is advised that due to the known high groundwater and soil conditions within the
proposed area of development an increased rate of corrosion has been observed with ductile iron water mains, thus
decreasing the longevity of publicly owned and maintained infrastructure. The applicant must provide corrosion
protection for all future water mains within the development and identify how the mains will be protected. Acceptable
protection methods include zinc coated ductile iron or v-bio enhanced polyethylene encasement of the main.
Corrosion protection can be waived if the applicant consults the latest American Water Works Association and
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Ductile Iron Pipe Research Association (DIRPA) for documentation for testing/evaluation procedures and provides
an analysis demonstrating that corrosion protection is not needed.
4. Engineering - DSSP Plans and Specifications Review Policy A. -Plans, specifications, and submittals for public
infrastructure improvements must be submitted to the City Engineering Department (PDox) for infrastructure review.
Infrastructure plans will not be reviewed until after site plan approval has been granted unless approved by the City
Engineer.
5. Engineering - DSSP Fire Service Line Standard - Plans, specifications, and submittals for all fire service lines
greater than 4 inches in diameter must be submitted to the City Engineering Department (Pdox) for review prior to
building permit approval. The engineering department is now reviewing fire lines during the public infrastructure
review with one submittal.
6. Solid Waste – Be sure there are no curbs in approach to the front of refuse enclosure as these need to be at street
level.
7. Northwestern Energy - Please submit construction application to begin working with NWE engineer and ensure the
following:
a. All electric primary needs to be placed within a utility easement.
b. Transformers are on a 7ft x 7ft concrete pad & must be 10ft away from a building with combustible walls.
c. If meters are to be screened, there needs to be a 4ft clear zone in front of them
8. Planning - Sec. 38.400.080.C. Timing of Sidewalks. The following requirements regarding the timing of the
installation of sidewalks apply to site development improvements, sidewalks must be installed prior to issuance of
an occupancy permit, or must be subject to an approved improvements agreement and financially guaranteed, as
specified in division 38.270 of this chapter.
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Figure 1: Current Zoning Map
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Figure 2: Growth Policy Designation
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Figure 3: Site Plan
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Figure 4: Landscaping Plan
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Figure 5: 12 Plex – Exterior Elevations
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Figure 6: Perspectives 12-Unit Building
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Figure 7: Exterior Elevations 18-Unit
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Figure 8: Perspective 18-Unit Building
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Figure 8: Building Material Palette
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ANALYSIS AND FINDINGS
Analysis and resulting recommendations based on the entirety of the application materials, municipal codes, standards,
plans, public comment, and all other materials available during the review period. Collectively this information is the record
of the review. The analysis in this report is a summary of the completed review.
Plan Review, Section 38.230.100, BMC
In considering applications for plan approval under this title, the Director of Community Development shall consider the
following:
1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code?
Growth Policy Land Use Urban Neighborhood Yes
Zoning R-4, Residential High Density District Yes Comments: The uses as denoted within the SP submittal are allowed within the zoning district. The property is within the City’s municipal service area and complies with the goals and objectives of the growth policy. No conflicts between the proposed uses, zoning compliance and the growth policy are identified.
2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080)
Condominium ownership No Comments: Additional steps will be required including but not limited to review of building permits and infrastructure plans. The Building Division of the Department of Community Development will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code?
Current Violations None Yes Comments: There are no current violations on the property.
4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code?
Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: N/A Yes
Comments: The application meets all the site plan submittal material requirements with the inclusion of applicable conditions of approval and code provisions applicable which must be met prior to building permit approval, concurrent construction, if applicable, or otherwise as indicated accordingly for each listed condition or code provision. The SP is not proposed to be a phased project, however will be seeking phased occupancy for the development of each sets of buildings in the project through a sub-phasing plan included in the application. In order to accomplish this, the developer will ensure infrastructure, parking, open space, stormwater and other requirements are in place prior to the construction of any buildings. This will allow their proposed phases to function on their own prior to the development of subsequent phases. Any additional development such as an expansion may require an amendment to this approved SP or a new SP applicable to that area based on the met thresholds of applicability denoted in Sec. 38.230.040. Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 NA
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Comments: No conditional or special uses are proposed. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code?
Permitted uses 38.310 Apartments Yes Form and intensity standards 38.320 Zoning: R-O Setbacks (feet) Structures Parking / Loading Yes Front 15’ N/A
Rear 10’ N/A
Side 5’ N/A
Alley N/A N/A
Comments: The proposed setbacks meets all R-4 zone district standards with 15’ front setbacks along Laurel Parkway and Vaughn Drive. The side setbacks of 5 feet are met in addition to the rear setback of 10 feet.
Lot coverage 18% Allowed 50% Yes Building height 9:12 - 40’ 4” Allowed <3:12 - 40’ >3:12 - 50’ Yes
Comments: Lot coverage and building height form and intensity standards are met with the proposed design. All proposed buildings have a max height of 40’ 4” and a 9:12 roof pitch. Applicable zone specific or overlay standards 38.330-40 No Comments: The project is not within an overlay district and does not have any zone specific standards. General land use standards and requirements 38.350 Yes
Comments: No setback or height encroachments are proposed. Applicable supplemental use criteria 38.360 Yes Supplemental uses/type NA NA
Comments: No supplemental use criteria is triggered with this application.
Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA
Comments: No wireless facilities are proposed. No affordable housing requirements are triggered with the proposed uses. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code?
Streets 38.400.010 Yes
Street and road dedication 38.400.020 NA
Access easements NA Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes
Comments: Adjacent streets (Laurel Parkway and Vaughn Drive) exist and are proposed (extension to Vaughn Drive) to serve the subject property in application 22-178. A traffic study was provide, reviewed, and deemed sufficient by the City’s Engineering Department. The requirements of this section are not under the purview of the DRB. The final analysis of this will be with the final staff report. Sidewalks 38.400.080 Yes
Comments: Sidewalks both within and adjacent to the site along all street frontages are provided in the application.
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Drive access 38.400.090 Access to site: 3 Yes Fire lanes, curbs, signage and striping Yes Comments: Vehicular access is provided off Laurel Parkway and the proposed extension of Vaughn Drive. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Department. The subject property is not located within any SID’s. Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities Yes
Public transportation 38.400.120 NA Comments: There is one mid-block crossing running north-south on the eastern boundary of the subject property that connects to adjacent transportation and recreation pathways, as well as to internal pathways. A 30-foot utility and pedestrian corridor easement will be recorded. There are no known obstructions to the site vision triangles. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code?
Neighborhood centers 38.410.020 NA
Comments: This project does not trigger neighborhood center requirements. There is no proposed neighborhood center applicable to this SP application. The applicability of provisions related to Sec. 38.410.020 were reviewed, if applicable, during the applicable platting process associated with the Norton East Ranch Phase 6 Subdivision. The applicant has concurrently submitted a preliminary plat to amend the lots and blocks within this subdivision, known as the West Park Subdivision (22178), which was exempt from providing a neighborhood center due to their proximity to an existing neighborhood center within Norton Ranch East Phase 1. Lot and block standards 38.410.030-040 N/A
Midblock crossing: rights of way for pedestrians alternative block delineation Yes
Comments: Requirements of BMC 38.410 such as lot and block standards and midblock crossings are currently under review for conformance and satisfied, if necessary, as part of the concurrently submitted preliminary plat for the West Park Subdivision. There is one proposed mid-block crossing running north-south on the eastern boundary of the subject property that connects to adjacent transportation and recreation pathways, as well as to internal pathways. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area
Yes
Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes
Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water Yes Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Any applicable conditions and code provisions related to the above-mentioned requirements are included in this staff report. Applicable cash in lieu of water rights were determined formally by the Engineering Department and must be paid to the City of Bozeman prior to the approval of this SP.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Municipal infrastructure requirements is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report; however, applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report.
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Requirements for municipal infrastructure have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards.
Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H N/A Comments: Stormwater is not under the purview of the CDB serving as the DRB. The final analysis of this will be with the final staff report; however, applicable conditions and code provisions related to the above-mentioned requirements may be included in this staff report. Requirements of BMC 38.410 such as grading and drainage and stormwater provisions have been reviewed by the Bozeman Engineering Department for functionality and compliance with adopted standards. Watercourse setback 38.410.100 N/A
Watercourse setback planting plan 38.410.100.2.f N/A
Comments: There are no watercourses on this subject property.
6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code?
Parkland requirements 38.420.020.A Yes Cash donation in lieu (CIL) 38.420.030 Yes Improvements in-lieu Yes
Comments: Cash and improvements-in-lieu of parkland was reviewed by the Parks Department. This Site Plan meets all parkland requirements contingent on acceptance of subdivision Final Plat for West Park Subdivision which has been submitted concurrently to this application. Park Frontage 38.420.060 N/A Park development 38.420.080 N/A Recreation pathways 38.420.110 N/A Park/Recreational area design N/A Comments: The requirements of Sec. 38.420 regarding park frontage, development, recreation pathways, and park design are currently under review for conformance and satisfied, if necessary, as part of the concurrently submitted preliminary plat for the West Park Subdivision. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code?
Block frontage classification Landscaped, Internal Special Residential Yes
Departure criteria Denoted above on page 3 Yes
Comments: The landscaped block frontage is met along Laurel Parkway and Vaughn Drive. To meet the special residential frontage requirements the application is proposing to utilize option 1 of BMC 38.510.030.J which requires raised decks or porches of at least 60 sf in size and raised at least one foot above grade. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code?
Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development
Yes
Relationship to adjacent properties 38.520.030 NA
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7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.1 195 Reductions residential 38.540.050.A.1.b 10 Parking requirements nonresidential 38.540.050.A.2 N/A
Reductions nonresidential 38.540.050.A.2.c N/A Provided off-street 185 Provided on-street 10 Bicycle parking 38.540.050.A.4 18 Yes Comments: Parking is proposed to be provided as surface parking and parallel parking along Vaughn Drive. Bicycle parking spaces are provided within the covered breezeway of each building.
Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040
Yes
Comments: The buildings are connected to on-site amenities, adjacent park and trail systems, and the larger pedestrian pathway system. Proposed pathway widths and crossings meet the standards of this section.
Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050
Yes
Internal roadway design 38.520.050.D Yes Comments: Requirements of BMC 38.520 such as design of vehicular circulation systems and internal roadway design for the overall functionally impacting this subject property are currently under review for conformance, if necessary, as part of the West Park Subdivision Preliminary platting process. Pedestrian pathways are provided connecting all the residential buildings and parking lots. On-site open space 38.520.060 Total required 14,400 square feet Yes Total provided 16,975 square feet Yes Comments: The 84 two-bedrooms units require 12,600 sf of usable open space. The 18 one-bedroom units require 1,800 sf of usable open space. Open space is provided through a combination of amentized stormwater retention areas, ground floor private open space, and balconies. Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: Utility meters are to be screened by landscaping. Solid waste will be collected via a series of solid waste enclosures that meet the requirements of this section. Adequate landscaping is proposed surrounding solid waste enclosures. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code?
Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes
Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: The application meets the massing and articulation standards of this section. The 12 and 18-unit apartment buildings utilize simple gable and shed roof forms in combination with pedestrian scaled entry patios and decks. The use of windows, weather protection, and change in building materials from metal and cementious lap siding meet the massing and articulation standards. The application meets the building material standards of this section with the correct gauge of metal siding and use of cement board. No blank walls are present.
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Loading and uploading area requirements 38.540.080 N/A First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A Additional berth – minimum 45 feet length N/A Comments: N/A
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening Yes Street frontage Yes
Street median island N/A Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency Yes Comments: The provided landscaping plans and irrigation plans conform to standards. Street frontage trees are required and provided along Laurel Parkway, Vaughn Drive, and the north-south midblock crossing connector.
Landscaping of public lands 38.550.070 N/A Comments: No street frontages or parks are proposed within phase 1. 7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 NA N/A Proposed SF/building NA N/A Comments: No signage is proposed with this application or required for residential uses. Signs permits must first be obtained prior to the installation of any residential identification signs. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code?
Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Yes Comments: Proposed lighting includes parking lot lighting and lighting within breezeway corridors of each building. All proposed lighting meets the cutoff and intensity requirements of this section. 8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 N/A Wetland regulations 38.610 Yes Comments: Requirements of BMC 38.600 and 38.610 for floodplain and wetland regulations are currently under review for conformance as a component of the West Park Subdivision Preliminary Plat. There are non-jurisdictional wetlands along the eastern boundary of this subject property in which this development will impact. Per code provision 4, this site plan cannot be granted until final approval until the wetlands review has been reviewed and the mitigation, monitoring and maintenance plan have been found to be acceptable and approved as a component of the West Park Subdivision Preliminary Plat Application, No. 22-178. 9. Relevant Comment from Affected Parties (38.220) Meets Code?
Public Comment Yes
Comments: A public notice period has been conducted according to the dates on the first page of this report. No public comments have been received as of the writing of this staff report. Public comments will be evaluated and placed in the project file for the review authority if received.
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10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions NA Required easements Yes Comments: No lot line adjustments are triggered by this application. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Please see code provision 2 for requirements that must be met for easements prior to final site plan approval.
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Assistant Director
Anna Bentley, Community Development Director
SUBJECT:Introduction to the Community Plan Hub Site Which Displays Status and
Progress of Metrics Established in the Bozeman Community Plan 2020
MEETING DATE:February 6, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information and ask questions.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:The Bozeman Community Plan 2020 is a fundamental policy document
guiding growth and development in Bozeman. The plan guides land-use and
development decisions and helps evaluate and prioritize the City’s actions
moving forward.
Staff in the Strategic Services department, Geographic Information System
(GIS) division has created the Community Plan Hub site as a way to visualize,
activate, and report on the Bozeman Community Plan 2020 metrics. The ten
identified metrics are on page 64. The Hub site presents the plan's themes
and offers data, maps, and charts on each.
GIS staff will share the Hub site and present its content. Data depicted on
the Hub site will be periodically updated according to the individual metric.
The Hub site will be hosted and available through the City's website.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: January 31, 2023
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Assistant Director
Anna Bentley, Community Development Director
SUBJECT:Upcoming Items for the February 13, 2023, Community Development Board
Meeting
MEETING DATE:February 6, 2023
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Information only, no action required.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The following project review action items are presently scheduled for the
February 13, 2023, Community Development Board meeting in capacity of
the Zoning Commission.
1. Continued Board discussion on the Fraternity & Sorority Text Amendment,
Application 22270 considered in capacity as Zoning Commission. Link
provided connects to the packet information provided for the January 23,
2023 public hearing. Please view the January 23, 2023 Community
Development Board Meeting for the public hearing on the text amendment,
application 22270. The Fraternity and Sorority Text Amendment item begins
at 1:36:20 in the recording, pauses at 1:38:40 to allow review of the NWX
subdivision prior to the text amendment since the subdivision had to be
heard that night. The Fraternity & Sorority Text Amendment restarts at
2:19:40 and continues until 4:42:15 on the recording.
The following consent item reviews are presently scheduled for the February
13, 2023, Community Development Board meeting in the capacity of Design
Review Board.
1. 2131 Graf Street Site Plan, Application 22110, Phase 2 of the Graf Street
Apartments including 10 apartment buildings, a clubhouse, and support
spaces.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
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FISCAL EFFECTS:None.
Report compiled on: January 31, 2023
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