HomeMy WebLinkAbout19027 Findings of FactCity Commission Finding of Fact and Order Staff Report for
Ferguson Farms II Major Subdivision Preliminary Plat; Project # 19027 Page 1 of 30
City Commission Finding of Fact and Order Staff Report for the Ferguson Farms II Major
Subdivision Preliminary Plat; Application No. 19027
Public Hearing Date: City Commission met on March 7, 2023 at 6:00 in City Hall, Commission Chambers
to consider approval of the Ferguson Farms II Major Subdivision Preliminary Plat.
Summary of the March 7, 2023 City Commission Action on the Ferguson Farms II Major Subdivision
Preliminary Plat; Application 19027.
The City Commission public hearing on the Ferguson Farms II Major Subdivision Preliminary Plat was held
March 7, 2023 in the City Commission Chamber, 121 N. Rouse Avenue, at 6 P.M. The Commission met to
consider the Preliminary Plat application for a subdivision of a 31-acre property zoned UMU, Urban Mixed
Use with a Planned Unit Development (PUD) overlay. This Preliminary Plat would create a 9-Block, 72-lot
subdivision consisting of 49 buildable lots, 14 open space lots, and 9 parking structure lots as well as public
and private roads. Off-site improvements include a shared-use pathway along the Site’s perimeter, a bus
shelter on Fallon Street, and roads and water and sanitary sewer facilities to serve the development.
No members of the public spoke at the hearing.
After reviewing the application materials, staff report and public comment; after listening to the staff
presentation; after hearing the presentation from the Applicant and his representative; after asking if there
was any public comment, of which there was none, the City Commissioners began their deliberations on the
application by making a Motion. Commissioner Pomeroy made a Motion noted below, which was seconded
by Commissioner Madgic. In their discussion, the Commissioners agreed that the application met the criteria
established by the Bozeman Municipal Code and State Statutes. Therefore the application was approved
with conditions and application code provisions outlined in these findings.
The Motion is as follows: “I move to approve Application 19027, the Ferguson Farms II Major Subdivision
Preliminary Plat, with the staff recommended conditions and all applicable code provisions.” This Motion
passed unanimously, 5 to 0.
The link to this public hearing is:
https://bozeman.granicus.com/player/clip/1976?view_id=1&redirect=true&h=2072e091d947939
95cd1c573c700fa53
Project Legal Description: Lot 5 of Minor Subdivision No. 295 located in the SW ¼ of Section 10, Township
2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Project Location: 4250 Fallon Street located at the northwest corner of Ferguson Avenue and Huffine Lane,
south of Fallon Street and east of Resort Street.
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Development Review Committee (DRC) Finding: The August 25, 2022 revised Ferguson Farms II
Preliminary Plat Major Subdivision application conforms to standards and is sufficient for approval
with conditions and code provisions. Due to a re-starting of the public notice period, the application
was deemed adequate for further review on November 4, 2022.
Community Development Board (as the Planning Board): Having reviewed and considered the
application materials, public comment, and all the information presented, the Planning Board, on
December 5, 2022, unanimously recommended approval of the Ferguson Farms II Preliminary Plat
major subdivision to the City Commission with the staff-recommended conditions and subject to all
applicable code provisions.
Report Date: March 23, 2023
Staff Contact: Susana Montana, Senior Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Project Summary
This report is based on the July 14, 2022 revised plat maps, the July 14, 2022 Ferguson Farms II Preliminary
Planned Unit Development (P-PUD) application and the August 25, 2022 revised application submittal and
any 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.
The property owner/Applicant submitted a major subdivision preliminary plat application to create 72 lots from
a 31-acre parcel (“Site”). The Site consist of 49 buildable lots, 14 open space lots, 9 parking structure lots,
and public streets and alleys.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80
working days of the date it was deemed adequate/sufficient for further review. The Development Review
Committee (DRC) deemed the application adequate for continued review on September 2, 2022. However,
public notice for this application was required to be completed due to an error in the mailing list of adjacent
property owners. The Applicant repeated the mail and posting notice on November 4, 2022 with an updated
mailing list. This re-started the date of a complete application. Therefore, pursuant to the Bozeman Municipal
Code (BMC) Section 38.240.130 the City Commission shall approve, conditionally approve or deny the
subdivision application by January 23, 2023, unless there is a written extension from the developer, not to
exceed one year.
The Community Development Board reviewed this application on Monday, December 5, 2022 and made a
recommendation to the City Commission noted herein. The City Commission will review this application and
make a final determination on Tuesday, March 7, 2023.
No public comment has been received to date (March 14, 2023).
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Unresolved Issues
Unresolved issues at this Preliminary Plat stage, such as those related to trails, streets, agricultural water
facilities and easements, would be resolved with the Final Plat application which must satisfy the
recommended preliminary plat conditions of approval and all relevant Bozeman Municipal Code (BMC)
provisions. However, this subdivision does not meet the standards of the underlying UMU (Urban Mixed
Use) zoning designation and cannot be approved without the separate and first approval of the companion
Ferguson Farms II Planned Use Development (PUD) application. This limitation is a condition of approval of
this Preliminary Plat and would also be a condition of approval of the Final Plat for this Ferguson Farms II
Major Subdivision, should the Final PUD not be approved before the Final Plat application is completed.
Alternatives
1. Recommend approval of the application to the City Commission with the staff-recommended conditions;
2. Recommend approval of the application to the City Commission with modifications to the staff-recommended
conditions;
3. Recommend denial of the application to the City Commission based on the Board’s findings of non-compliance
with the applicable BMC criteria noted in the staff report; or
4. Recommend that the City Commission continue the public hearing on the application to a later date, with
specific direction to staff or the Applicant to supply additional information or to address specific items. This
alternative is requested if the Community Development Board wishes to amend or add conditions of approval.
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Table of Contents
EXECUTIVE SUMMARY ............................................................................................................................... 2
Project Summary .............................................................................................................................. 2
Unresolved Issues ............................................................................................................................ 3
Alternatives ....................................................................................................................................... 3
Table of Contents .......................................................................................................................................... 4
SECTION 1 - MAP SERIES ........................................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES .................................................................................................. 11
SECTION 3 – PRELIMINARY PLAT RECOMMENDED CONDITIONS OF APPROVAL ............................ 11
SECTION 4 - CODE REQUIREMENTS ...................................................................................................... 14
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................................. 15
SECTION 6 - STAFF ANALYSIS AND FINDINGS ...................................................................................... 15
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. ............................................. 15
APPENDIX A – NOTICING AND PUBLIC COMMENT ................................................................................ 30
APPENDIX B - OWNER INFORMATION .................................................................................................... 30
ATTACHMENT LINKS ................................................................................................................................. 30
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SECTION 1 - MAP SERIES
Figure 1. Location Map
Figure 2. Zoning Map; Site is Urban Mixed Use (UMU)
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Figure 3: Community Plan Future Land Use Map—Community Commercial Mixed Use
Site
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Figure 4. Proposed PUD Master Plan (Project # 19028)
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Figure 5: Proposed Land Uses
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Figure 6: Proposed Preliminary Plat (07 14 22 revision)
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Figure 7: Phasing Plan
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SECTION 2 – REQUESTED VARIANCES
The Applicant seeks no subdivision variances because the Applicant sought, and was granted, a Planned Unit
Development (PUD) zoning overlay that grants 26 deviations and waivers from Bozeman Municipal Code (BMC) land
use, design and development standards. The proposed Preliminary Planned Unit Development (P-PUD) had to be
approved prior to consideration for approval of this Preliminary Plat (PP) subdivision because the PP does not meet
the land use and design standards of the Urban Mixed Use (UMU) District and Bozeman Municipal Code (BMC).
However, it does meet the standards of the P-PUD and the UMU District and other provisions of the BMC. The P-PUD,
Project No. 19028, describes and evaluates the requested deviations and exemptions to the BMC. The 26
deviations/relaxations from the BMC sought by this PUD, Project No. 19028, are loosely grouped as:
(1) Allowing various commercial uses as principal uses which are conditional or are not otherwise permitted in the
UMU district per Tables 38.310.040.A through E;
(2) exemption from the Section 38.310.050 requirements for (a) a mix of uses within each site plan; (b) the 70%
maximum gross square footage limitation for a single use, such as office, for the entire Site; and (c) the requirement
that a minimum of 70% of the ground level block frontages must be occupied by a specific ratio of non-residential
uses;
(3) exemption from the ground floor commercial space dimensional requirements of 38.330.010.E.2;
(4) building height increases over the 60’ maximum for the UMU district per Table 38.320.050 to 90’ and 6 stories
throughout the Site;
(5) exemption from minimum and maximum number of parking requirements of 38.330.010.F and 38.540;
(6) Tables 38.540.050-1 through 3 and exemption from the requirement that bicycle racks must be located within 100
feet from the building serves per 38.540.050.A.4.b;
(7) alternate on-street parking layouts to allow angled back-in parking spaces;
(8) exemption from the requirement that all lots must have legal and physical access to a public street [note these are
under the purview of the Director of Transportation and Engineering per 38.200.010.D and are not zoning
deviations];
(9) alternate Block Frontage designations and setback relaxations per 38510.030.L;
(10) landscaping and tree planting exemptions per 38.550;
(11) front setback relaxations per 38.510; and
(12) exemptions to the Landscape Block Frontage limitation of 50% surface parking along street frontages per
38.510.030.C; and
(13) trash enclosure screening exemptions per 38.510, 38.520 and 38.550.
SECTION 3 – PRELIMINARY PLAT RECOMMENDED CONDITIONS OF APPROVAL
The following conditions of approval and code provisions are offered to satisfy City and relevant State requirements as
well as site-specific mitigation for potential adverse impacts associated with development of the proposed subdivision.
The conditions of approval are in addition to any required code provisions identified in this report. The conditions are
specific to the preliminary plat application. Staff has considered the impacts as identified in the staff analysis and
application materials and these conditions of approval are deemed reasonably related and roughly proportionate to the
development of this subdivision.
(1) This Preliminary Plat does not meet current UMU zoning and Bozeman Municipal Code (BMC) land use, design
and development standards. These deficiencies, deviations and waivers are included in the proposed Ferguson
Farms II Preliminary Planned Unit Development (P-PUD) application, Project No. 19028. That P-PUD must be
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approved by the City Commission with the relevant deviations, and a Final PUD must be administratively approved,
before the Final Plat for this subdivision may be approved by the City Commission. The Final Plat must also await
Director of Transportation and Engineering approval of street and other Article 4 deviations before the Final Plat
can be approved by the City Commission.
(2) Prior to approval of the Final Plat, the Applicant shall record proper legal lot access easements and a
deed restriction for the following 6 lots to provide adequate legal and physical access to public or
publicly-accessible streets or alleys: Lot 1B, Block 8; Lots 1B and 1C, Block 3; Lots 1B and 1C of Block
7; and Lot 4 of Block 6.
(3) The Applicant must execute and record the applicable Special Improvement District (SID) waivers and a copy of
the recorded waiver document shall be submitted to the Director of Transportation and Engineering prior to Final
Plat approval.
(4) BMC 38.410.130 (A) (1) Water rights -With future site plan applications, the Applicant must contact Griffin Nielsen
of the Engineering Department to obtain a determination of cash-in-lieu of water rights (CILWR). CILWR must be
paid prior to the approval of the corresponding site plans.
(5) BMC 38.410.060.D- If agricultural water user facility easements are required, a notice must also be recorded with
a Final Plat or prior to Final PUD plan approval, stating that the easements are subject to the requirements of
Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject
to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice must include language to
assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural
water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements
are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from
a Final Plat but may be referenced on a Final Plat.
(6) 38.410.060.D.3. - Prior to Final Plat approval a professional engineer must certify that the water entering and
exiting the realigned Maynard Border Ditch is of the same quality and quantity as prior to development.
(7) 38.600.170. - All public water and sewer mains must be placed in a casing pipe when crossing the Maynard Border
Ditch to a minimum of 10 feet beyond the adjacent top of channel. This distance may need to be increase
depending on main depth as determined by the City during the subdivision infrastructure review.
(8) 38.600.170. D. - The Final Plat shall depict on the condition of approval sheet the location of the post-developed
flood hazard area.
(9) BMC 38.270.030 Completion of Improvements - The City acknowledges the receipt of the Applicant’s request for
completion of improvements per Subsection B.1.b.2 and concurrent construction per Subsection D. The Applicant
is advised that the requirements of Subsection B.1.b.2 must be fulfilled prior to Final Plat approval and the
requirements of Subsection D must be fulfilled prior to building permit approval.
(10) The Applicant must identify the 100-year flood hazard area on the Final Plat prior to Final Plat approval.
(11) Prior to Final Plat approval, the Applicant shall clearly state on the plat who is responsible for the maintenance of
the proposed culverts and pedestrian crossing along the Maynard Border Ditch.
(12) Prior to Final Plat approval, the Applicant must provide written approval from the Maynard Border Ditch Company
for additional runoff discharge to the Maynard Border Ditch.
(13) The Applicant must file a maintenance agreement for the back-in angled parking areas with the County Clerk and
Recorder in addition to the plat note identifying the maintenance requirements and responsibilities of the back-in
angled parking spaces prior to Final Plat approval.
(14) The Plat Condition of Approval block on Plat Page 4 shall have a condition that reads: "Due to known high
groundwater in the area, no basements are permitted with future development of the site. No crawl spaces are
permitted with future development of the site unless a professional engineer registered in the State of Montana
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certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and
provide supporting groundwater data prior to release of a building permit. In addition, 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 unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps
may not be discharged onto streets where it may create a safety hazard for pedestrians and vehicles.”
(15) Final Plat Conditions of Approval block on Page 4 shall include the following condition of approval: "The back-in
angled parking is to be maintained by the property owners' association, which includes snow removal, pavement
maintenance, and all other maintenance functions of the back-in angle parking spaces."
(16) The following condition of approval must be included on the Conditions of Approval block on Page 4 of the plat.
"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 Montana Public Works Standard Specifications
per Bozeman Municipal Code requirements."
(17) This subdivision provides a sidewalk along the bordering public streets as well as along internal streets. Prior to
Final Plat approval, the Applicant must provide an easement for the portion of the proposed eight-feet wide, paved
shared use trail that exists outside of the public right-of-way. The Class I shared use trails abutting the subdivision
along the Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet and 8 foot wide
Class I trails shall be installed along the Fallon Street and Resort Drive frontages concurrent with any first phase
construction of this subdivision.
(18) The following condition of approval must be added to the Conditions of Approval block on Plat Sheet 4 prior to
Final Plat approval: "The Property Owners Association is responsible for repair and replacement of any special
surface finishes, including but not limited to stamped concrete, in the public right-of-way including for damage
during City maintenance, repair, or replacement of utilities beneath the public right-of-way."
(19) The following language must be added to the covenants, conditions, and restrictions document prior to Final Plat
approval. "The Property Owners Association is responsible for repair and replacement of any special surface
finishes, including but not limited to stamped concrete, in the public right-of-way including for damage during City
maintenance, repair, or replacement of utilities beneath the public right-of-way. The City will return the land to a
finished grade, but will not be responsible for any repair or replacement of any special surface finishes."
(20) Prior to Final Plat approval, a separate left hand turn lane located in the east bound direction of Fallon Street at
the intersection of Fallon Street and Ferguson Avenue must be installed. Improvements must satisfy all City of
Bozeman design standards. All installed improvements must be formally accepted by the City prior to Final Plat
approval.
(21) Prior to Final Plat approval, Ferguson Avenue must be reconstructed in order to provide a two-way left turn lane
from the intersection of Huffine Lane through Fallon Ave. Improvements must satisfy all City of Bozeman design
standards and must include bicycle and pedestrian facilities. All installed improvements must be formally accepted
by the City prior to Final Plat approval.
(22) The Applicant must install a right hand deceleration turn lane on Huffine Lane at Brookfield Ave, depending on
Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT
design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval.
(23) The Applicant must install a right hand deceleration turn lane on Huffine Lane at Resort Drive, depending on
Montana Department Transportation (MDT) approval. Improvements must satisfy all City of Bozeman and MDT
design standards. All installed improvements must be formally accepted by the City prior to Final Plat approval.
(24) The updated flood hazard evaluation must be provided with an infrastructure review and include the post-
developed basin exhibit and channel dimensions for the Maynard Border Ditch.
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(25) Prior to infrastructure approval, a certification from the developer's professional engineer that the water entering
and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that
entered or exited the facility, per BMC 38.410.060.D.3., and written approval from the Maynard Border Ditch
Company for the relocation of the facility must be provided. If there will be a change to the quality and amount of
water that entered or exited the facility including any change to the historic stormwater discharge to the facility the
certification must clearly identify the change and subsequently the approval from Maynard Border Ditch Company
needs to acknowledge the change, per BMC 38.410.060.4.D. Both the certification and written approval must be
provided with the Final Plat application. If approval cannot be obtained and a material modification to the
subdivision is needed then the preliminary plat application may be required to be resubmitted for review, per BMC
38.100.070.B.
(26) BMC.38.410.060.D.6. a notice must be recorded with the Final Plat stating that the agricultural water user facility
easement are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch
easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and
liability. The notice must include language to assure the duties are binding upon all successors in interest and
remain in effect until such time that the agricultural water user facility is abandoned in accordance with the
requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The
easements must be prepared as documents separate from a Final Plat but may be referenced on a Final Plat.
(27) The Applicant must provide the necessary additional right-of-way for a separate left turn lane located in the east
bound direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue prior to Final Plat
approval.
(28) The Applicant must provide a utility exhibit that shows the proposed layout of the subdivision's water, sewer,
stormwater, and other relevant utilities that satisfies the City’s engineering design standards and specifications
policy (DSSP) prior to Final Plat approval. If additional easement or right-of-way is required to satisfy DSSP
requirements with the updated utility layout, the necessary right-of-way or easement must be provided prior to
Final Plat approval.
(29) The Applicant must add a note to the conditions of approval sheet of the Final Plat which states the following: “All
stormwater infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater
infrastructure located within the public right-of-way must be maintained by the property owners' association (Insert
Final Property Owners Association Name as recorded in the CC&Rs)”.
(30) The subdivisions stormwater maintenance plan must clearly state the following condition: “All stormwater
infrastructure located in the subdivision (Insert Final Subdivision Name) including stormwater infrastructure located
within the public right-of-way will be maintained by the property owners' association (Insert Final Property Owner's
Association Name as recorded in the CC&Rs)." The approved stormwater plan must be incorporated into the
property owners’ association documents and a copy of the documents demonstrating the inclusion of the
stormwater maintenance plan must be provided prior to Final Plat approval.
SECTION 4 - CODE REQUIREMENTS
1. The Final Plat must comply with State statute, Administrative Rules of Montana, the Bozeman Municipal Code
and an adopted Ferguson Farms II Planned Unit Development.
2. Any unmet code provisions, or code provisions that are not specifically listed as a condition of approval, does
not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code
or State law. Sections 3 and 4 of this report identify conditions and code corrections necessary to meet all
regulatory standards.
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3. All easements, existing and proposed, must be accurately depicted and addressed on the Final Plat and in
the Final Plat application. Public utilities must be located within dedicated street right of ways. Utility
easements need to be provided and granted with the Final Plat in accordance with public and private design
standards.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
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.
On September 2, 2022, the Development Review Committee (DRC) determined that the application is adequate for
continued review and found that application conforms to standards and is sufficient for approval with conditions and
code provisions based on the staff analysis and findings described below in Section 6 of this report.
The public hearing date for the Community Development Board was December 5, 2022 at 6:00pm. The hearing was
held at City Hall, Commission Hearing Room and via WebEx with a WebEx link provided with the Community
Development Board agenda.
https://bozeman.granicus.com/player/clip/1924?view_id=1&redirect=true&h=bfcc436e0de0f6bc89f258c91abc3290
takes you to the video record of that meeting.
The public hearing date for the City Commission was March 7, 2023, at 6:00 P.M. at City Hall in the Commission
Hearing Room.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B.
In considering applications for subdivision approval under this title, the Community Development Board, other relevant
advisory boards and the City Commission shall consider the following criteria:
1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act.
The preliminary plat has been prepared in accordance with the surveying and monumentation requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As outlined in
Code Provision Number 1, the Final Plat must comply with State statute, Administrative Rules of Montana, and the
Bozeman Municipal Code. A conditions of approval sheet must be included with the Final Plat and updated with any
additional required notations as required by Preliminary Plat conditions or code provisions.
2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and
Platting Act and review processes per BMC 38.240.150.
a. The Final Plat must comply with the standards identified and referenced in the Bozeman Municipal Code
(BMC). This subdivision application does not meet specific Urban Mixed Use (UMU) zoning provisions of the BMC and,
therefore, cannot be approved unless and until the Applicant’s requested Ferguson Farms II Preliminary Planned Unit
Development (P-PUD) application is approved and a Final PUD is approved by the City Commission. Condition of
Approval No. 1 requires the Final PUD approval prior to approval of this Preliminary Plat (PP).
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b. The Final Plat must comply with the standards of the BMC regarding streets, access and other Article 4
standards. As noted in Condition of Approval No. 1, the Director of Transportation and Engineering must grant the
requested BMC Article 4 deviations and waivers as part of the P-PUD application before this Final Plat can be approved.
Per Condition No. 2, legal access must be provided to all lots within the subdivision prior to approval of the Final Plat.
c. The Applicant is advised in Code Provision No. 2 that unmet code provisions, or code provisions that are not
specifically listed as a condition of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code
provision corrections necessary to meet all municipal regulatory standards. Therefore, it is expected that upon City
Commission approval of the requested P-PUD and upon satisfaction of all conditions and code corrections, the
subdivision would comply with local subdivision regulations.
3. Compliance with the local subdivision review procedures provided for in Part 6 of the Montana
Subdivision and Platting Act.
The Applicant requested subdivision review under the terms of 76-3-601 to 608 and BMC 38.240.150. The application
was initially received on August 29, 2019, and was deemed inadequate for further review. Revised application materials
were received on January 2020, November 2021, April 2022, July 14, 2022, and August 24, 2022. The City deemed
the application adequate for review on September 2, 2022. Public hearings are scheduled for October 3, 2022, for the
Community Development Board and October 18, 2022, for the City Commission.
The hearings before the Community Development Board and City Commission have been properly noticed as required
by the BMC. 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 Community Development Board must forward a
recommendation via a staff report to the City Commission who will make the final decision on the Applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made within 80 working days
of the date it was deemed adequate (September 2, 2022). Pursuant to BMC 38.240.130 the City Commission was to
approve, conditionally approve or deny the subdivision application by November 20, 2022 unless there is a written
extension from the developer, not to exceed one year. The Applicant requested this extension to work out details of
the companion P-PUD application that affects the preliminary plat application.
Public notice for this application was given as described in Appendix A beginning on September 9, 2022 and ending
on October 18, 2022. A second public notice period began on November 4, 2022 and ended on December 20, 2022.
On December 20, 2022, the Applicant requested the Commission consideration of the P-PUD and the Preliminary Plat
be continued to March 7, 2023 to allow time for his team to consider design responses to comments on proposed P-
PUD street frontage parking relaxations by the Community Development Board (Design Review Board).
Public comment was requested at the March 7, 2023 Commission hearing and none was received. As of the March
23, 2023 date of this staff report, no public comment has been received.
On September 26, 2022, a staff report for the Ferguson Farms II Major Subdivision Preliminary Plat (PP) was completed
and forwarded with a recommendation of conditional approval for consideration to the Community Development Board.
On December 5, 2022, the Board, acting as the Planning Board, recommended approval of the PP with conditions and
code provisions.
Compliance with Chapter 38, BMC and other relevant regulations.
Community Development staff and the City’s Development Review Committee (DRC) reviewed the preliminary plat
application against all applicable regulations of the BMC as well as against the provisions of the proposed P-PUD,
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should that be approved by the Commission. Based on review of the DRC and the Department of Community
Development, all applicable regulations are met if all conditions of approval and BMC code requirements are satisfied
and the P-PUD is approved and its own conditions and code provisions are satisfied. Pertinent code provisions and
recommended conditions of approval are included in this report for your consideration in Sections 3 and 4 above. All
municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the City of Bozeman Design Standards and Specifications Policy and
Public Works Standard Specifications, except for modifications approved by the Director of Transportation and
Engineering as part of the Applicant’s P-PUD deviation/modification requests.
4. Documentation of Compliance with BMC 38.220.060 to identify impacts to surrounding assets.
A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on June 9,
2021. The DRC found that more information was needed prior to the application going forward to preliminary plat.
Revisions were submitted in January 2020, November 2021, April 2022, July 14, 2022, and August 25, 2022.
This Preliminary Plat must address the review criteria of Section 76-3-608 (3)(a) and clearly identify potential impacts
of the subdivision on agriculture, agricultural water user facilities, local services, the natural environment, wildlife,
wildlife habitat and public health and safety. Those parameters are addressed in the following Section 38.220.060.A.
1 through 19. The Development Review Committee (DRC) completed a subdivision pre-application plan review and
no variances were requested. Staff offers the following summary comments on the documents required by BMC
38.220.060.
Staff offers the following summary comments on this supplemental information.
1. Surface Water. A portion of the agricultural irrigation ditch Maynard Border Ditch bisects the Site in a north-south
orientation and flows in a northerly direction approximately 225 feet east of the western border of the property. This is
a non-jurisdictional ditch and does not have any setback or discharge requirements. This open channel irrigation ditch
would be relocated approximately 30 to 50-feet to the east and would remain an open channel, would be revegetated,
and would be developed as an open space amenity of the development (see Attachment 2). Portions of the ditch would
lie within the private open space Lots 4, 6 and 7 and public open space Lots 3, 5 and 8. By definition in Section
38.70.210, irrigation ditches are not deemed a naturally-occurring watercourse subject to the protections and provisions
of wetlands.
2. Floodplains. Stormwater – There is an existing stormwater pond in the northwest corner of the Site that would be
replaced with underground stormwater detention chambers and would discharge into the existing Maynard Border
Ditch. The Ditch is a controlled irrigation conveyance facility and does not have an associated floodplain. All required
permits for the ditch crossings would be obtained prior to the start of construction. The subdivision must construct storm
water management and water quality facilities conforming to standards of the Bozeman Municipal Code. The
maintenance of the stormwater facilities are the responsibility of the Property Owners’ Association (POA) as outlined
in Conditions 7, 9, 28 and 29. Inspection of installed facilities prior to Final Plat will verify that standards have been
met. Conditions 28 and 29 would ensure mitigation of post-development flood hazard areas and, therefore, no
significant negative impacts to the natural environment are anticipated.
Based on the project’s flood evaluation study findings, a certain amount of stormwater runoff will be generated by the
development within the subdivision and will contribute to water levels in the Maynard Border Ditch which it is believed
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can be accommodated by the capacity of the culvert and open ditch. Conditions 4, 5, 6, 10, 11, 23 and 25 assure that
the Maynard Border Ditch is relocated and maintained properly to accommodate this flow.
3. Groundwater. Groundwater is known to be high in this area, at from 4.5 to 6 feet below ground surface.
The Applicant provided monitoring wells to establish seasonal minimum and maximum groundwater depths.
Groundwater degradation would be minimized through a series of underground infiltration chambers. These
chambers would capture runoff from the parking areas and other hardscape features within the subdivision.
Stormwater would then infiltrate and recharge the groundwater within the area.
Because the site is in a potential 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 No. 13 prohibits crawl
spaces or basement without first consulting a professional engineer certified in the State of Montana who would certify
that groundwater would not harm these structures. This requirement would protect both future structure owners from
future hazards of flooding and lessen burdens on the public from illicit discharges.
4. Geology, Soils and Slopes. The site is relatively flat. The soils present are loamy soils characterized by poor-
draining to well-draining soils generally found in irrigated farmland. No streets would exceed 5% slope.
5. Vegetation. The property has been vacant for several years and has not been used agriculturally in the
recent past. No critical vegetation species exist on the Site. The native grasses are occasionally mowed during the
growing season for weed control. An approved weed management plan has been prepared by the Applicant and
approved by the County Weed Management Department. Responsibility for weed management must be provided
recorded with the subdivision Covenants, Conditions and Restrictions (CC&R) document clarifying that the Property
Owner Association (POA) is responsible for implementing and enforcing the weed management plan.
There are some existing aspen and cottonwood trees in the vicinity of the Maynard Border Ditch. When possible, these
trees would be preserved.
6. Wildlife. No animals listed under the “Animal Species of Special Concern”, (Montana Natural Heritage
Program, Helena, 2003) have been observed or are known to occupy the property. Habitat most suitable for wildlife
includes the area around the Maynard Border Ditch vegetation that would be removed. The relocated open irrigation
ditch would be landscaped.
7. Agriculture. The property, previously in agricultural cultivation, has been fallow for a number of years. Due to
development in the area and anticipation of development of the property by the owner, no agricultural practices have
been performed on the property for several years.
8. Agricultural Water User Facilities. There is an agricultural irrigation ditch on the property which is proposed to
be relocated on the Site with the permission of the ditch owner(s), the Maynard Border Ditch Company. The Maynard
Border Ditch agricultural irrigation facility would be relocated on-site and would continue to flow as an open channel
through the Site and would function as it has been per Conditions 4, 5, 6, 10, 11, 23, 24 and 25.
9. Water and Sewer. Water rights exist for the subject property. Water for domestic use and fire protection will
be provided by connections to the City of Bozeman water system. The proposed water mains will connect to existing
water mains in Resort Drive, Fallon Street, and Ferguson Avenue. The Applicant proposes to contribute cash-in-lieu
of water rights (CILWR) to the City which must be paid prior to approval of specific site plan(s) within the subdivision,
per Condition No. 3.
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing sanitary sewer collection
system. The sewer system will connect to the 8” main in Fallon Street at two locations and the 8” main in Resort Drive
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at one location. From there, sanitary sewage will be conveyed to and treated at the City of Bozeman’s Water
Reclamation Facility.
Per the Engineering Report for this subdivision, water and wastewater improvements would be designed to meet City
standards and, with the recommended conditions of approval and code provisions, this subdivision would not
significantly burden City water or sanitary sewer infrastructure.
10. Stormwater Management.
Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then underground via storm
drain piping to underground stormwater retention and detention chambers in the Open Space parcels. The
subdivision will not significantly impact stormwater infrastructure. The stormwater systems would be designed to
meet City standards and would be maintained by the property owners association (POA) per Conditions 28 and 29.
11. Streets, Roads and Alleys.
a. Streets –
The proposed Ferguson Farm II PUD Subdivision has legal access onto Huffine Lane, Resort Drive, Ferguson Avenue,
and Fallon Street. The proposed roads will match the established (existing) street grid structure and be within dedicated
rights-of-way (ROW). Local streets will have the standard 60’ right-of-way except for small portions of Valley Commons
Drive and Brookfield Avenue where the right-of-way is 101’ and 85’, respectively. Four way stops will be installed along
Resort Drive where Field Street and Valley Commons Drive intersect Resort Drive.
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Per the recommendation of a geotechnical engineer, the pavement design section for the Ferguson Farm II Subdivision
is 3” asphalt surface course over 6” of 1-1/2” minus crushed gravel base course over 18” of 6” minus pit run sub-base
course. This section will be checked per the AASHTO Guide for Design of Pavement Structures when during the
construction design development.
Road maintenance for all streets will be provided by the Property Owner’s Association after the improvements have
been accepted by the City. Erosion and siltation control will be exercised during construction by using the appropriate
best management practices as outlined in “Montana Sediment and Erosion Control Manual” (May 1993) prepared by
the MDEQ Water Quality Bureau.
ATS performed a trip generation analysis to determine the anticipated future traffic volumes from the development
using the trip generation rates contained in Trip Generation (Institute of Transportation Engineers, Tenth Edition).
These rates are the national standard and are based on the most current information available to planners. A vehicle
“trip” is defined as any trip that either begins or ends at the development site. ATS determined that the critical traffic
impacts on the intersections and roadways would occur during the weekday morning and evening peak hours. At full
development the Ferguson Farm II development would produce 976 AM peak hour trips, 1,337 PM peak hour trips,
and 13,066 daily trips. The 2020 Bozeman Community Plan/Growth Policy and subdivision standards require adequate
connectivity of a development to the street grid. Access to the Site would be taken from the following public roads that
abut the Site: Huffine Lane, Ferguson Avenue, Fallon Street, Ravalli Street, and Resort Drive. A new extension of
Valley Commons Drive would be extended through the Site in an east-west direction. Lot access must meet City
standards per Condition numbers 2 and 15 and access must be improved to accommodate development-generated
traffic per Conditions 17, 18, 19, 20, 21, 22, 26 and 27.
Condition 3 requires the Applicant to record waivers to applicable Special Improvement Districts is established to serve
the project and area including Street improvements to Ferguson Avenue, Huffine Lane, Fallon Street, Ravalli Street,
Resort Drive; intersection improvements to Ravalli and Fallon streets, Resort and Fallon streets, Ferguson and Fallon
streets, and Ferguson and Huffine streets.
b. Parking Conditions – The PUD that enables this subdivision provides several BMC waivers and deviations. These
include: (1) no minimum or maximum number of required parking spaces; (2) minimum landscape screening of surface
parking lots that border the subdivision; (3) common parking areas for all tenants, workers and visitors to the Site; (4)
condominium parking spaces within structured parking garages located within surface parking lots; and (5) “back-in”
angled parking spaces along internal streets. The back-in angled parking must be approved by the Director of
Transportation and Engineering as noted in Conditions 12 and 14.
c. Walkability, Transit and Bikeability. This subdivision provides a sidewalk along the bordering public streets
mentioned above as well as along internal streets. The Class I shared use trails abutting the subdivision along the
Huffine Lane and Ferguson Avenue frontages must be widened from 8 feet to 10 feet. Eight feet wide Class I trails
shall be installed along the Fallon Street and Resort Drive frontages concurrent with any first phase construction of this
subdivision per Condition No. 16.
A traffic analysis for this subdivision revealed that certain improvements and upgrades are needed to adequately serve
the proposed development within this subdivision and to mitigate potential adverse impacts to the traveling public as
noted in Conditions 19, 20, 21, 22, 26 and 27.
With Conditions 2, 20, 21, 22, 26 and 28, the subdivision would not significantly impact the City’s street infrastructure.
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12. Utilities. This subdivision would not significantly impact utilities. Standard 10-ft utility easements would be
provided across all lots. All public and private utilities are available in the area to serve this subdivision.
13. Land Use. This subdivision proposes 9 block and 66 lots consisting of the following uses: 43 lots for commercial
uses, 14 open space lots and 9 lots for structured parking.
14. Parks and Recreation Facilities. Parkland dedication is not required of this wholly commercial development.
Should residential use be proposed in the future, as a site plan application of any of the lots, parkland would be required.
However, 14 publicly-accessible open space lots spread throughout the subdivision would be provided.
15. Neighborhood Center Plan. Neighborhood centers are required for subdivisions of 10-acres or more per
38.410.020. This subdivision is 31-acres and proposes a neighborhood center within the subdivision located along the
Maynard Border Ditch amenity as shown in Attachment B. This neighborhood center would be connected by Open
Space Lots 7,9,10 and 11 and would feature a skyline bridge above the Ditch. Benches and other pedestrian facilities
would be constructed within the skyline bridge to allow pedestrians to relax and enjoy views of the surrounding
viewscapes.
16. Lighting Plan.
No lights are proposed around the perimeter of the subdivision except at the road intersections with Huffine Lane,
Ferguson Avenue, Fallon Street, and Resort Drive. Internally, there are street lights along the local streets and within
the parking lots. The lights are spaced to provide adequate security lighting and provide safe illumination for
pedestrians walking after dark. The preliminary lighting plan for streets and alleys therein is in accordance with the
requirements of the BMC. Each light spacing and design would meet City of Bozeman Design Standards and
Specifications Policy.
17. Miscellaneous.
a. Health and Safety. With the recommended conditions of approval and required code provisions, the subdivision
is not expected to adversely impact public health and safety. The intent of the regulations in Chapter 38 of the Bozeman
Municipal Code (BMC) is to protect the public health, safety and general welfare. The subdivision has been reviewed
by the Development Review Committee (DRC) which has determined that it is in general compliance with the BMC
standards, as amended by the proposed Preliminary PUD, and with recommended conditions and code provisions.
Conditions deemed necessary to ensure compliance have been noted throughout this staff report. Code provisions
Numbers 1 and 2 require full compliance with all applicable State and BMC code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code Annotated (MCA) and as
a result, the Department of Community Development has reviewed this application against the listed criteria and further
provides the following summary from Applicant submittal materials and requirements. It is noted that all infrastructure
would meet City standards as amended by the approved P-PUD and as approved by the Director of Transportation
and Engineering per the P-PUD requests.
b. Historical Features. Damon Murdo, Cultural Records Manager of the Montana Historical Society, has not noted any
previously designated cultural properties in the area. If any historic items are discovered during construction, the State
Historic Preservation Office would be contacted.
18. Affordable Housing. Not applicable. There is no residential use proposed for this subdivision.
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19. Adopted Growth Policy Consistency.
Project Site zoning and Growth Policy implications:
The subdivision land (Site) is designated “Community Commercial Mixed Use” in the Bozeman Community Plan Future
Land Use Map.
This category is intended to “promote commercial areas necessary for economic health and vibrancy. This
includes professional and personal services, retail, education, health services, offices, public
administration, and tourism establishments. Density is expected to be higher than it is currently in most
commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in
appropriate circumstances, are encouraged. The urban character expected in this designation includes
urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities.
High density residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of intersections of the
arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past
development patterns, there are also areas along major streets where this category is organized as a
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corridor rather than a center. Although a broad range of uses may be appropriate in both types of
locations, the size and scale is to be smaller within the local service areas. Building and site designs made
to support easy reuse of the building and site over time is important. Mixed use areas should be developed
in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher
intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections.
Building height or other methods of transition may be required for compatibility with adjacent
development.
Smaller neighborhood scale areas are intended to provide local service to an area of approximately one
half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to
neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities
of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.”
Staff Comment: The Site is zoned Urban Mixed Use (UMU) which is an implementing zoning district for the
Community Commercial Mixed Use Future Land Use designation. The subject property was annexed to the City in
2000 by the Applicant and it was initially-zoned Business Park (B-P) District. In March 2006, the Applicant submitted
a zoning text amendment application to create a new zoning district called Urban Mixed Use District (UMU). In
August 2007, by Ordinance No. 1681, the Urban Mixed Use District (UMU) was established. In April 2008, at
the request of the Applicant, the 31-acre subject property was rezoned from B-P, Business Park District to the
new UMU District by Ordinance No. 1745. This is the only UMU-zoned land in the City.
According to the Bozeman Municipal Code/ Unified Development Code: “Urban mixed-use zoning district (UMU)
The intent and purposes of the UMU urban mixed-use district are to establish areas within the city that
are mixed-use in character, and to set forth certain minimum standards for development within those
areas which encourage vertical mixed-use development with high density. The purpose in having an urban
mixed-use district is to provide options for a variety of employment, retail and community service
opportunities within the community, with incorporated opportunity for some residential uses, while
providing predictability in uses and standards to landowners and residents. There is a rebuttable
presumption that the uses set forth for each district will be compatible both within the individual districts
and with adjoining zoning districts when the standards of this chapter are met and any applicable
conditions of approval have been satisfied. Additional requirements for development apply within overlay
districts.
1. It is the further the intent of this district to:
a. Allow complementary land uses which encourage mixed uses on individual floors including,
but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and
civic uses, and housing, to create economic and social vitality and to encourage the linking of
trips;
b. Foster the development of vertically oriented mixed uses, in contrast to single use
development distributed along high vehicle capacity roadways;
c. Encourage development that exhibits the physical design characteristics of vibrant, urban,
pedestrian-oriented, storefront-style shopping streets with pedestrian amenities;
d. Provide roadway and pedestrian connections to residential areas;
e. Provide appropriate locations and design standards for automobile and truck-dependent uses;
f. Create central urban gathering places such as community squares or plazas;
g. Allow for urban oriented recreational activities consistent with the standards and intent of the
district; and
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h. To encourage and support the use of sustainable building practices.
2. To accomplish the intent of the district, the UMU district should ideally be located at the
intersections of major traffic corridors; that is, at the intersections of two arterials, or, less
frequently, an arterial and a collector street. The major intersections should have or be
planned to have a stop light or other active traffic control. While placement at major
intersections is a necessary precondition, not all major intersections should have the UMU
district adjacent to them. Additionally, placement of this district should be adjacent or near to
dense residential development to enhance walking and bicycle use.”
Sec. 38.330.010. UMU district—Special standards.
A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a
lesser area of not less than ten acres upon finding that a smaller area will still provide for adequate
transition between adjacent districts, provide a reasonable community setting for the intensity of
the district, and that a smaller area will not constitute spot zoning.
B. The district must be surrounded by perimeter streets unless precluded by topography.
C. Block frontages and building orientation. See division 38.510 for applicable standards for all
development types.
D. Site planning and design element standards. See division 38.520 for applicable standards for all
development types.
E. Building standards.
1. Building design. See division 38.520 for applicable standards for all development types.
2. Floor-to-floor heights and floor area of ground-floor space.
a. All commercial floor space provided on the ground floor of a mixed-use building must
have a minimum floor-to-ceiling height of 13 feet. [changed to 15 feet floor to floor
height]
b. All commercial floor space provided on the ground floor of a mixed-use building must
contain the following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with
street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more.
3. Street-level openings on parking structures must be limited to those necessary for retail store
entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator
lobbies. Parking structures adjacent to streets must have architectural detailing such as, but
not limited to, standard size masonry units such as brick, divided openings to give the
appearance of windows, and other techniques to provide an interesting and human-scaled
appearance on the story adjacent to the sidewalk.
F. Special parking standards.
1. Maximum surface parking.
a. In order to achieve the intent of the district and achieve efficiency in the use of land,
surface parking provided for the sole use of an individual development must not exceed
100 percent of the minimum parking requirement for the subject land use based upon
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the requirements of division 38.540 of this chapter. The UMU district may utilize the
parking reductions authorized in section 38.540.050.2.c.1. All qualifying reductions must
be included in determining the 100 percent requirement.
b. Exemptions to section 38.330.010.G.1.a, to allow unstructured surface parking up to 100
percent of the minimum parking requirement exclusive of reductions may be approved
through the development review process for developments that provide shared parking
to other development, valet parking spaces, parking for off-site users for which an hourly
or other regular rent is paid, or similarly managed parking facilities.
2. Structured parking incentive. A floor area bonus of one square foot may be granted for each
square foot of area of parking provided within a building. Additional height of building is
allowed to accommodate this additional building area per Table 38.320.050.
3. Bicycle parking. Covered bicycle parking must be provided. The covered spaces must be at
least one-half of the total minimum bicycle parking. The minimum number of covered spaces
must be the greater of either ten bicycle parking spaces or five percent of motor vehicle
parking provided on-site.
G. Lighting. All building entrances, pathways, and other pedestrian areas must be lit with pedestrian-
scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, etc.). Alternative
lighting meeting the intent of the design guidelines and other criteria of this chapter may be
approved through site development review.
H. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise
expected to be urban in nature. This will include elements such as plazas or other hardscapes,
landscaping with planters, furniture, developed recreation facilities such as basketball and tennis
courts or indoor recreation facilities, and will be more concentrated in size and development than
anticipated in a less urban setting. The requirements of this section give direction in the
development of park plans and the application of the standards of division 38.420 of this chapter.
The parkland dedication requirements of division 38.420 of this chapter may be satisfied by a
cumulative contribution of land and the value of on-site improvements to create spaces with the
characteristics and functions described in this section. Development within the UMU district may
also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of
section 38.420.020.A. The requirements of this section must prevail if these standards conflict with
the application of the standards of article 4 of this chapter.
1. Public spaces must be designed to facilitate at least three of the following types of activities to
encourage consistent human presence and activity.
2. Public spaces must be designed to:
a. Facilitate social interaction between and within groups;
b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing
weather conditions;
c. Be attractive to multiple age groups;
d. Provide for multiple types of activities without conflicting;
e. Support organized activities;
f. Be visually distinctive and interesting;
g. Interconnect with other public and private spaces; and
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h. Prioritize use by persons.
Staff Evaluation: The proposed 31-acre subdivision is a wholly commercial development with 72 lots
consisting of 49 buildable lots, 14 open space lots, 9 parking lots and roads and alleys. The Community Commercial
Mixed Use Community Plan Future Land Use Map (FLUM) designation would recommend residential uses within the
mix of land uses, however, it is not required. The UMU, Urban Mixed Use zoning designation would also recommend
residential uses as part of the mix of land uses, but it is not required. Should an individual developer of a particular lot
choose to include residential uses, both the FLUM and the UMU zoning would allow it. The requested Preliminary
Planned Unit Development (P-PUD) deviations would not preclude it within this development. Except for the requested
deviations in development standards and mix of uses, the P-PUD would be consistent with the Community Commercial
Mixed Use land use designation.
5. The provision of legal access and easements to and within the subdivision for the location and installation
of any necessary utilities.
Condition of Approval No. 2 requires the Applicant to provide legal and physical access to each lot pursuant to UDC
and State Statute. Code Provision No. 3 requires all easements, existing and proposed, must be accurately depicted
and addressed on the Final Plat and in the Final Plat application. Public utilities must be located within dedicated street
right of ways. Utility easements need to be provided and granted with the Final Plat in accordance with public and
private design standards.
6. The provision of legal and physical access to each parcel within the subdivision and the notation of that
access on the applicable plat and any instrument transferring the parcel.
Access to the property is from Ferguson Avenue, Huffine Lane, Fallon Street and Resort Drive which are City-owned
and maintained roads. However, within the subdivision, there are 6 lots to be developed exclusively for structured
parking that do not have legal and physical access to a public street as required by BMC Section 38.400.090.B.2 and
State Statute. These 6 lots are shown below in Figure 8. The Preliminary PUD requests a waiver from this requirement.
However, due to State Statutes, legal and physical access to a public or publicly-accessible street or alley or “green
corridor” must be provided to each lot. This requirement cannot be waived. Some form of legal access must be
provided to each lot per Condition No. 2.
Condition of Approval No. 1 requires that the PUD with the appropriate deviations or waivers must be granted by the
Director of Transportation and Engineering and approved by the City Commission prior to approval by the City
Commission of this subdivision Final Plat.
FISCAL EFFECTS
There will be property tax revenue from development within this subdivision and costs to provide municipal services
to that property. However, no unusual fiscal effects have been identified.
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SECTION 7 –FINDINGS OF FACT AND ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38, BMC, public
notice was given, opportunity to submit comment was provided to affected parties, and a review of the
preliminary plat described in these findings of fact was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public
health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the
criteria and standards of Chapter 38 BMC, including the proposed P-PUD, if approved; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at a public
hearing on March 7, 2023 at which time the Department of Community Development Staff reviewed the
project, submitted and summarized recommended conditions of approval, and summarized the public
comment submitted to the City prior to the public hearing, which was none.
D. The Applicant acknowledged understanding and agreement with the recommended conditions of
approval, code provisions.
E. The City Commission requested public comment at the public hearing on March 7, 2023 and no one
sought to offer comment.
Figure 8:
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F. It appeared to the City Commission that all parties and the public wishing to examine the proposed
preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation
of the relevant advisory bodies established by Article 38.210, BMC, and considering all matters of record
presented with the application and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the requirements of the
Bozeman Municipal Code if certain conditions were imposed, including the Commission’s approval of the
companion Ferguson Farms II Legacy Preliminary Planned Unit Development (P-PUD) which occurred on
this same date. Therefore, being fully advised of all matters having come before her regarding this application,
the City Commission makes the following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore
approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in
conformance with the standards of the Chapter including those identified in Section 4 of this report. The
evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify
the conditions imposed on this development to ensure that the subdivision final plat and subsequent
construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth District Court
of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following
the procedures of Section 76-3-625, MCA. The preliminary approval of this subdivision shall be effective for
three (3) years from the date of the signed Findings of Fact and Order approval, provided the Ferguson
Farms II P-PUD remains in effect. At the end of this period the City may, at the request of the subdivider,
grant an extension to its approval for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
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City Commission Finding of Fact and Order Staff Report for
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ATTEST:
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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City Commission Finding of Fact and Order Staff Report for
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APPENDIX A – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Community Development Board and City
Commission public hearings. Pursuant to BMC 38.220.420, notice was provided by posting the site, mailing by certified
mail to the Applicant and adjacent property owners and by first class mail to all other owners within 200 feet on
September 9, 2022. The site was posted with a notice on September 9, 2022 and a legal advertisement was published
in the Bozeman Daily Chronicle on September 11 and 18, 2022. Content of the notice contained all elements required
by Article 38.220., BMC. Due to an Applicant error in the updating of the adjacent property owner mailing list, a second
public notice period and mailing was initiated on November 4, 2022, using an updated mailing list. The second public
notice period is from November 4, 2022 to December 20, 2022. At the request of the Applicant, the City Commission
re-scheduled the hearing on the Preliminary Plat and the P-PUD to March 7, 2023. No public comment has been
received at the time of the writing of this staff report on March 23, 2023.
APPENDIX B - OWNER INFORMATION
Owner/Applicant: Boardwalk Properties, Inc, 101 E. Main Street, Suite D, Bozeman, MT 59715;
delaney@delaneynco.com
Combs Capital LC, 1095 Cougar Drive, Bozeman, MT 59718
Representative: Tyler Steinway, Intrinsik Architecture, 106 East Babcock Avenue, Suite 1A, Bozeman, MT 59715,
tsteinway@intrinsikarchitecture.com
Report By: Susana Montana, Senior Planner, smontana@bozeman.net
Staff Engineer: Cody Flammond, cflammond@bozeman.net
ATTACHMENT LINKS
Attachment 1: Applicant’s Application Narration Full Project Description
Subdivision Plat Sheets 1 through 4 (separately)
The full application and file of record can be viewed digitally at
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=203350
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