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22264; City Commission Staff Report for the Canyon Gate Major Subdivision
Preliminary Plat.
Public Meeting/Hearing Dates:
Planning Board public meeting - Monday, April 3, 2023, at 6:00 pm.
City Commission public hearing - Tuesday, April 18, 2023, at 6:00 pm
Project Description: A major subdivision preliminary plat of a 24.14-acre Tract to create
15 lots consisting of 3 mixed commercial and apartment residential lots zoned B2-M;
2 two-household residential lots zoned R-3; 2 apartment residential lots zoned R-5;
and 4 four-household residential lots zoned R-3; 3 City park lots; and 1 private open
space lot; along with dedicated street rights-of-way.
Property Description: Tract 7B of COS No. 2408, excepting out MDT ROW deed parcels Doc.
No. 2532621 and No. 2532622, and the westerly 33.34’ of Lot 45, and all of Lots 46
and 47 of Mt. Baldy Subdivision (Plat F-10), excepting out MDT ROW deed parcels Doc
No. 2532623 and No. 2532624.
Project Location: The property is addressed as 980 Story Mill Road, located within portions
of the SW 1/4 of S32, T1 S, R5 E, P.M.M., City of Bozeman, Gallatin County, MT
Development Review Committee Finding: The application conforms to standards and is
sufficient for approval with conditions and applicable code provisions.
Planning Board Review: On April 3, 2023, the Planning Board reviewed this application
for conformance with the City’s Growth Policy. Their comments are noted in
Attachment A to this report. They passed a Motion to approve, with a
recommendation that the Applicant meets with the neighbors before the April 18,
2023, City Commission meeting, by unanimous 7 to 0 vote.
City Commission Motion: “Having reviewed and considered the application materials,
public comment, the Planning Board’s recommendation, and all the information
presented, I hereby adopt the findings presented in the staff report for application
22264 and move to approve the Canyon Gate Major Subdivision Preliminary Plat with
conditions and subject to all applicable code provisions.”
Report Date: April 11, 2023
Staff Contact: Susana Montana, Senior Planner; Ross Knapper, Development Review
Coordinator
Mikaela Schultz, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 2 of 37
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comments received
to date. The application materials are available in the City’s Laserfiche archive and may be
accessed through the Community Developer Viewer at:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157
A compilation of public comments received to date is attached to the agenda item. Should
additional written public comments be received they will be included in the City’s
Laserfiche file and available to the public at:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN
Unresolved Issues.
There is one unresolved issue related to this preliminary plat application:
Internal connection to Northview Street to the east.
The Planning Board unanimously passed a Motion urging the Applicant to meet with
neighbors, including neighbors of the abutting Legends at Bridger Creek Subdivision Phase
II subdivision, to seek an easement over Legends HOA open space lands to connect Canyon
Gate Boulevard within the subject subdivision to Northview Street lying within the Legends
II Subdivision (see Figures 6 and 7). This Northview Street connection from the eastern
terminus of Canyon Gate Blvd. would provide more direct/efficient access to Bridger Drive,
a principal arterial roadway. It would also facilitate travel between the two adjacent
subdivision neighborhoods.
The City understands that a connection from the Canyon Gate subdivision to Northview
Street would optimize connectivity and would, overall, reduce travel time, reduce potential
traffic conflicts on other neighborhood streets with pedestrians of all ages and abilities, and
would reduce traffic congestion on those other streets. The City cannot require the Legends
II HOA to grant the necessary easement to the Applicant. However, if the easement is
granted, the Applicant would be obligated to extend Canyon Gate Blvd. to Northview Street
to City standards. The Applicant has stated that he is willing to pay for the easement and for
the road extension. The only unresolved issue is whether the HOA will grant the easement.
Project Summary
The Department of Community Development received a Subdivision Preliminary Plat
application for the Canyon Gate project on August 24, 2022, requesting to subdivide a 24.14-
acre Tract into 15 lots consisting of 3 mixed commercial and apartment residential lots
zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 3 of 37
R-5; and 4 four-household residential lots zoned R-3; 3 City park lots; and 1 open space lot
zoned REMU; along with dedicated street rights-of-way. A concept development plan for
this subdivision could produce up to 470 dwelling units and up to 40,000 square feet of
commercial space.
This Tract of land was annexed into the City and was granted the four zoning designations,
B2-M, R-3, R-5 and REMU, in April 2022 (Project No. 21337).
On February 13, 2023, the Development Review Committee (DRC) found the Preliminary
Plat application sufficient for continued review and recommends the conditions and code
provisions identified in this report.
The subdivider did not request any subdivision or zoning variances with this application.
The final decision for this first major subdivision preliminary plat must be made within 60
working days of its being deemed adequate for further review, or by May 1, 2023.
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. Continue the public meeting on the application, with specific directions to staff or the
subdivider to supply additional information or to address specific items.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 4 of 37
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................. 2
Unresolved Issues. ............................................................................................................. 2
Project Summary ............................................................................................................... 2
Alternatives ........................................................................................................................ 3
SECTION 1 – MAP SERIES ............................................................................................................. 5
SECTION 2 – REQUESTED VARIANCES ..................................................................................... 12
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .................................................. 12
SECTION 4 – CODE PROVISION REQUIREMENTS .................................................................... 14
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .................................................... 16
SECTION 6 – STAFF ANALYSIS AND FINDINGS ........................................................................ 16
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. ........................ 16
38.220.060 Documentation of compliance with adopted standards .......................... 20
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .............................................. 28
APPENDIX B – DETAILED PROJECT DESCRIPTION ................................................................. 32
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................................. 33
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF .......................................... 33
FISCAL EFFECTS .......................................................................................................................... 33
ATTACHMENT LINKS .................................................................................................................. 33
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 5 of 37
SECTION 1 – MAP SERIES
Figure 1: Vicinity Map
Figure 2 – Zoning Map
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 6 of 37
Figure 3: Existing Site Conditions Map [historical flood path shown in blue]
Figure 4: Open Space (yellow) and Parks (green) in vicinity; Site in red
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 7 of 37
Figure 5: Community Plan 2020 Future Land Use Designations
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 8 of 37
Figure 6: Preliminary Plat Summary
Figure 7: Potential Canyon Gate Blvd. connection to Northview Street
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 9 of 37
Figure 8: Preliminary Plat
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Figure 9: Concept Development Plan
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Figure 10: Concept Green Plan
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 12 of 37
Figure 11: Parks Plan
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.
1. BMC 38.600.170. Flood Risks. The following recommended conditions of
approval address flood hazard mitigation, flood risk notification, and indemnity for
the Canyon Gate subdivision project.
A. Prior to issuance of public infrastructure plan approval by the City, the following
must occur:
i. The flood hazard evaluation (FHE) report shall be sealed and certified by a
professional engineer. The certification shall include a statement that the
proposed 100-yr flood hazard mitigation plan is adequate to keep the
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 13 of 37
proposed development reasonably safe from flooding and does not increase
the identified existing risk of 100-yr flooding to other properties.
ii. The design engineer shall certify that all proposed flood hazard mitigation
improvements contained in the stormwater design report and stormwater
infrastructure plans and specs are adequately sized to convey the relevant
100-year flood flows identified in the certified flood hazard evaluation report.
iii. Offsite drainage easements shall be secured from all property owners along
the 100-yr flood conveyance path identified in the certified FHE report
between the offsite point of discharge of the proposed 100-yr flood routing
pipeline and the offsite point of flood flow return to Bridger Creek.
Alternatively, in lieu of drainage easements, the Applicant may provide a legal
analysis, acceptable to the City Attorney, verifying that those drainage
easements are not required under applicable state law and local ordinance.
B. Prior to final plat approval, a notification provision shall be provided on the final
plat ‘Conditions of Approval’ sheet notifying future property owners, in language
approved by the City Attorney, that the subdivision is subject to 100-year flood
hazards identified in the FHE that are not reflected in the official FEMA Flood
Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMs) effective April 21,
2021. The notification provision shall also state that the future revision of the
official FEMA FIS and FIRMs may place/map portions of the development into the
regulatory floodplain, potentially subjecting property owners of those areas to
local floodplain regulations and federal flood insurance mandates.
C. Prior to final plat approval, the Applicant shall sign a hold harmless and indemnity
agreement, to be prepared by the City Attorney and filed with the Gallatin County
Clerk & Recorder, acknowledging the risk of proceeding with development review
applications prior to updated FEMA maps and agreeing to forever hold the City
harmless and defend it against claims.
2. 38.400.080 and 110. Sidewalk Widths. The final determination of sidewalk
width on the west side of Story Mill Road will be made by the
City prior to Infrastructure Plan approval and in cooperation with the Transportation
Master Plan relevant to the Canyon Gate area.
3. 38.410.070. Sanitary Sewer Systems.
a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision,
the Applicant must agree in writing to pay for the cost associated with an independent
third-party analysis of the downstream sewer system serving the development. The
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 14 of 37
analysis must quantify the downstream system's existing and future build-out
capacity in relation to the proposed Canyon Gate development. The engineer retained
to produce the independent third-party analysis must be acceptable to the City.
b. If the City-required downstream sewer analysis, as identified in 3.a above,
demonstrates that the subject development does not have adequate downstream
sewer capacity in accordance with BMC 38.410.070 A, then identified downstream
sewer improvements must be installed by the Applicant and formally accepted by the
City in accordance with BMC 38.270.030.
c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision,
if the Applicant proceeds with their proposal to divert upstream sewage from the East
Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as
presented in their sewer report, then the Applicant must agree in writing to pay for
the cost associated with an amendment to the City's on-going Wastewater Facility
Planning effort. The amendment must incorporate the proposed upstream
wastewater diversion, update the City's hydraulic model, and incorporate any
findings in the analysis identified in 3.a above into the City's facility plan.
SECTION 4 – CODE PROVISION 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, do not, in any way, create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
2. BMC 38.220.060.12. Private Utility Services. Prior to Final Plat approval, the
Applicant must provide documentation of responses from private utility companies
that they reviewed the subdivision plat and that the plat can be provided with service,
and the locations of private utilities have been coordinated with the locations of the
proposed public utilities.
3. 38.240.150.C. Standard Subdivision Conditions of Approval. Prior to Final Plat
approval the Applicant shall add the following condition of approval to the Final Plat
Sheet 3 Conditions of Approval section:
a. No crawl spaces or basements may be constructed. Sump pumps are not allowed
to be connected to the sanitary sewer. 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;
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 15 of 37
b. All downstream water user facilities will not be impacted by this subdivision;
c. All lot frontages are subject to a 10-foot wide front setback utility easement;
d. If a utility easement is greater than the building setback required under Chapter
38 of the Bozeman Municipal Code (B.M.C.) said easement shall apply;
e. The property owners association bears all responsibility of maintenance for the
storm water facilities, storm water open space lots, pedestrian open space lots,
and street frontage landscaping for the perimeter streets. Maintenance
responsibility must include, all vegetative ground cover, boulevard trees, and
irrigation systems in the public-right-of-way boulevard strips along all external
perimeter development streets. The property owners association must be
responsible for levying annual assessments to provide for the maintenance,
repair, and upkeep of all perimeter street frontage landscaping, storm water
facilities, and all open space landscaping; and
f. Lot access must be constructed to the standards set forth by the City of Bozeman
Design Standards and Specifications, and per the City of Bozeman Modifications
to the State Public Works Standard Specifications per BMC requirements.
4. 38.400100. Street Vision Triangle and Street Trees. Prior to infrastructure
approval, the Applicant must revise their proposed landscaping plan along both Story
Mill Road and Bridger Canyon Blvd. to reduce the impact of street trees on vehicular
sight visibility triangle distances. The Applicant must provide an updated landscaping
plan to the City’s Transportation Division for review and approval prior to final plat
submittal.
5. 38.420. Parks Resources.
a. Add a note to the final plat which states: “Per 38.350.060 Bozeman Unified
Development Code, fences located along or in the rear or side setback of
properties adjoining any City linear park must have a maximum height of four
feet.”
b. The developer must install signage at the perimeter of any private parking lot that
is adjacent to a City park stating that snow storage is not allowed within the public
park. The Applicant must add a note to the final plat indicating that snow removal
from park sidewalks that serve as primary egress from private lots is the
responsibility of the Property Owners Association. The Applicant must provide an
exhibit of snow removal responsibility within the Park Master Plan.
c. A preconstruction meeting with the Parks Division 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 the commencement of parkland construction.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 16 of 37
d. 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.
e. 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 site plan approval
indicating that the proposed exempt water use is allowable under applicable State law
governing the use of exempt wells.
f. An irrigation system that is privately owned and maintained shall be entirely separate
and discrete from an irrigation system that is City owned and maintained.
g. The Applicant must include this note on the final plat: “Private utilities are not
allowed within parkland unless otherwise approved by the Director of Parks and
Recreation.”
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 February 13, 2023.
The Planning Board met on April 3, 2023 to review and make a recommendation to the City
Commission on the preliminary plat application. Their comments are noted in Attachment
A and their approval Motion is noted above on page 1.
The City Commission public hearing on the Preliminary Plat will be held Tuesday, April 18,
2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. Electronic access to the
meeting may be available as outlined on the published agenda of the meeting.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, plans, staff presentations, Applicant presentations,
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.
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:
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 17 of 37
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.
Floodplain Impacts. Condition Number 1 addresses potential adverse floodplain impacts
associated with the proposed subdivision. The mapped special flood hazard areas for
Bridger Creek above Story Mill Road have not been updated by FEMA since its original
detailed flood insurance study was completed in 1982. Substantial natural change, much of
which is related to beaver activity, has occurred to the creek channel since that time.
Significant manmade alterations near the mapped special flood hazard areas for Bridger
Creek have also taken place over the ensuing 40+ years; notably, residential subdivision
development. Despite these natural and manmade changes, FEMA’s currently effective
FIRMs [flood insurance rate maps] still reflect the Bridger Creek flood hazards that were
identified and mapped in the early 1980s.
Canyon Gate Subdivision flood hazard evaluation.
The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to
determine the nature of the existing flood hazard at the subject property. This is because the
effective flood study and FIRMs for Bridger Creek are outdated and can no longer be
confidently relied upon for flood risk identification and mitigation purposes. The FHE
utilizes accurate and contemporary topographic LiDAR [light detection and ranging remote
sensing mapping] data along with advanced 2-D hydraulic modeling techniques to simulate
the existing 100-year flood hazard for Bridger Creek with a much higher level of confidence.
The FHE can be utilized to identify the existing flood risk at the subject property and flood
mitigation infrastructure solutions intended to keep the development reasonably safe from
flooding and ensure that flood risk to other properties is not increased as a result of the
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 18 of 37
development. These policy concepts of risk identification, mitigation, and prevention of
adverse effects to others are bedrock principles enshrined in the federal NFIP, state floodway
and floodplain management act, and local floodplain regulations.
Upcoming FEMA restudies & remapping of Bridger Creek special flood hazard area.
In personal communications held December 1, 2022, with the Water Operations Bureau
Chief at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which
occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger
Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon
completion of the restudy effort, new FIRMs will be produced and become effective for
regulatory purposes. In the intervening period, the FHE will be utilized for flood risk
identification, and mitigation, and to ensure no adverse effects to others as related to the
subject development. The City advises the Applicant that the FHE has not been completed
to FEMA standards, so the Canyon Gate developer takes on the risk that the upcoming FEMA
study could conclude that flood risk persists despite mitigation measures installed to
mitigate the flood risks identified in the FHE. Those flood risks, once officially effective for
regulatory purposes, may impact the future development potential of the subject property,
increase regulatory compliance costs, and/or mandate future property owners of the
development to purchase flood insurance.
Private Utility Services. Code Provision No. 2 addresses the need to demonstrate that
essential private utility services can be provided to the subdivision.
Code Provision No. 3 requires standard conditions to be written on the Sheet 3 “Conditions
of Approval” Sheet of the Final Plat.
Condition of Approval No. 2 addresses the City’s Transportation Plan which seeks a proper
width sidewalk along the west side of Story Mill Road.
Code Provision No. 4 ensures that sight visibility triangles along Story Mill Road and Bridger
Canyon Blvd. are not reduced due to street tree plantings therein.
Condition No. 3 addresses sanitary sewer service to the subdivision. An independent third-
party analysis of the downstream sewer system serving the development is required. If this
analysis determines that sufficient sanitary sewer service is not available, in accordance with
BMC 38.410.070.A, the Applicant must install identified downstream sewer improvements
and these improvements which must be accepted by the City in accordance with BMC
38.270.030.
Code Provision No. 5 addresses standard City Parks and Recreation policies related to parks
dedicated to the City and lying within this subdivision.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 19 of 37
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 hearing 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.
The Department of Community Development received a preliminary plat application on
August 24, 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.
A revised application was received on December 21, 2022, and again on January 31, 2023.
The DRC determined the revised application was adequate for continued review on February
13, 2023, and recommended conditions of approval and code corrections for the staff report.
The City scheduled public notice for this application for posting on the property and mailing
to adjacent property owners on February 28, 2023, and again on March 17, 2023. Public
comment is provided in a separate Laserfiche folder:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN
On April 11, 2023, this staff report was completed and forwarded to the City Commission
with a recommendation of conditional approval.
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.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 20 of 37
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.
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 the 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 constructed to City standards with
lot frontage meeting minimum standards as 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 July 7, 2022 and no variances were requested. The Applicant requested
concurrent construction of public infrastructure for the subdivision.
The staff offers the following summary comments on the documents required by Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
There are no streams, irrigation ditches, or wetlands on the property. There are no
alterations to water bodies proposed or required for the project. Due to concerns about the
accuracy and age of the existing floodplain mapping of nearby Bridger Creek, the City of
Bozeman Floodplain Administrator recommended that a Flood Hazard Evaluation be
conducted as noted above and in Condition of Approval No. 1. The evaluation found that a
100-year flood of Bridger Creek inundates portions of the adjacent Legends Subdivision and
of the proposed Canyon Gate Subdivision, even though it is not identified by existing FEMA
floodplain mapping. The historical flood path is shown on plan sheet C0.3 and Figure 3 above.
38.220.060.A.2 - Floodplain
The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not
been updated by FEMA since its original detailed flood insurance study was completed in
1982. Substantial natural change, much of which is related to beaver activity, has occurred
to the creek channel since that time. Significant manmade alterations near the mapped
special flood hazard areas for Bridger Creek have also taken place over the ensuing 40+
years; notably, residential subdivision development. Despite these natural and manmade
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 21 of 37
changes, FEMA’s currently effective FIRMs still only reflect the Bridger Creek flood hazards
that were identified and mapped in the early 1980s.
Canyon Gate Flood Hazard Evaluation
The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to
determine the nature of the existing flood hazard at the subject property. This is because the
effective flood study and FIRMs for Bridger Creek are outdated and can no longer be
confidently relied upon for flood risk identification and mitigation purposes. The FHE
utilizes accurate and contemporary topographic LiDAR data along with advanced 2-D
hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger
Creek with a much higher level of confidence. The FHE can be utilized to identify the existing
flood risk at the subject property and flood mitigation infrastructure solutions intended to
keep the development reasonably safe from flooding and ensure that flood risk to other
properties is not increased as a result of the development. These policy concepts of risk
identification, mitigation, and prevention of adverse effects to others are bedrock principles
enshrined in the federal NFIP, state floodway and floodplain management act, and local
floodplain regulations.
Upcoming FEMA Restudy and Remapping of Bridger Creek Special Flood
Hazard Area
In personal communications held December 1, 2022 with the Water Operations Bureau Chief
at MT DNRC (responsible for overseeing the state’s floodplain mapping program, which
occurs cooperatively with FEMA), the City learned that flood hazards associated with Bridger
Creek are scheduled to be restudied and remapped by FEMA beginning 2025. Upon
completion of the restudy effort, new FIRMs will be produced and become effective for
regulatory purposes. In the intervening period, the FHE will be utilized for flood risk
identification, mitigation, and to ensure no adverse effects to others as related to the subject
development. The City advises the Applicant that the FHE has not been completed to FEMA
standards, so the Canyon Gate developer takes on risk that the upcoming FEMA study could
conclude that flood risk persists despite mitigation measures installed to mitigate the flood
risks identified in the FHE. Those flood risks, once officially effective for regulatory
purposes, may impact the future development potential of the subject property, increase
regulatory compliance costs, and/or mandate future property owners of the development to
purchase flood insurance. See Condition of Approval No. 1.
38.220.060.A.3 – Groundwater. Groundwater monitoring was conducted as part of the
geotechnical investigation. The results of the groundwater monitoring are provided in the
Geotechnical Report. Groundwater monitoring was conducted at 8 monitoring wells from
March 2022 to May 2022. The seasonal high groundwater was found to range in depth from
6.44’ to greater than 13 feet. Groundwater is flowing to the west and is assumed to discharge
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 22 of 37
to the East Gallatin River about ½ mile to the west. The range of groundwater depth
encountered was largely due to the rolling topography of the site with some wells located at
lower or higher relative locations. After site grading, high groundwater will more
consistently be about 10’ below the surface. The significant depth of groundwater will
protect it from degradation. Additionally, stormwater will be treated and infiltrated back
into the ground to maintain the existing groundwater hydrology. Lastly, City sewers will
collect wastewater from the property. Code Provision No. 3.a. prohibits crawl spaces or
basements within any buildings within this subdivision without the review and approval of
a professional engineer licensed to practice in Montana and requires such notice to be placed
in the Conditions of Approval Sheet of the final plat.
38.220.060.A.4 - Geology, Soils, and Slopes. A geotechnical investigation was
conducted on the property. The Geotechnical Report did not find any geologic hazards on the
property. The report found that “site conditions pose little risk to construction associated
with the planned development.” Soils are suitable for conventional foundation and site
development construction. Soil properties, borehole logs, and groundwater monitoring
results are provided in the report. Site grading is expected to be typical of urban
development and large cuts and fills are not proposed. In general, the rolling topography will
be smoothed out to better accommodate roadway and building site grades, and the site will
be slightly elevated to mitigate concerns from flooding in the adjacent Legends subdivision.
38.220.060.A.5 – Vegetation. The site is currently occupied by pasture grass and some
groves of mature native trees. The existing tree locations are shown on plan sheet C0.3 and
Figure 3 above. The property has been historically farmed, but is presently fallow and is
surrounded by developed property. No critical plant communities requiring protective
measures exist on the property. A Weed Management Plan has been submitted to the Gallatin
County Weed Board and a copy of the plan has been submitted with this application.
38.220.060.A.6 – Wildlife. The Canyon Gate Site is surrounded by urban development.
There is a wetlands wildlife corridor north of the Site at Bridger Creek. Chapter 5 of the 2020
Community Plan states that “lands within the designated urban area are typically utilized for
development purposes and will have a minor impact on wildlife habitat. […] The habitat
needs of larger and/or predatory wildlife species such as deer, moose, bears, coyotes, or
similar species will not be met within urban density development and will likely conflict with
people. Therefore, these types of animals are found to be undesirable within the City
boundaries.” The parkland and open space in the proposed Canyon Gate development may
inevitably be used by wildlife of all types. The east-west “green corridor” within the Site will
likely connect the community to the surrounding parks and may continue to serve as a path
for animal migration. No endangered species or species of concern use the area affected by
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 23 of 37
the proposed subdivision, and there are no significant wildlife areas on the site to identify.
The Site is not adjacent to public lands or known hunting or fishing areas; however, the
subdivision will improve public access by connecting truncated streets, trails, and sidewalks
to nearby public parks and recreational areas (see Figure 4). The proposed 3.06-acre public
parks (2.33-acres) and open space (0.73-acre) areas within the development are designed
with an extensive trail system to safely connect to public lands throughout the surrounding
Story Mill District.
38.220.060.A.7 – Agriculture. The property has been historically farmed, but is
presently fallow and is surrounded by developed property. The site is currently occupied by
pasture grass and mature trees and is not actively used for agriculture.
38.220.060.A.8 - Agricultural Water User Facilities. There are no agricultural water
user facilities on the property.
38.220.060.A.9 - Water and Sewer. Engineering Reports for Water and Sewer are provided
in the Documents application. Sanitary Sewer Systems may need upgrading to service the
subdivision as is noted in Condition of Approval 3 a, b, and c:
a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision,
the Applicant must agree in writing to pay for the cost associated with an independent
third-party analysis of the downstream sewer system serving the development. The
analysis must quantify the downstream system's existing and future build-out
capacity in relation to the proposed Canyon Gate development. The engineer retained
to produce the independent third-party analysis must be acceptable to the City.
b. If the City-required downstream sewer analysis, as identified in 6.a above,
demonstrates that the subject development does not have adequate downstream
sewer capacity in accordance with BMC 38.410.070 A, then identified downstream
sewer improvements must be installed by the Applicant and formally accepted by the
City in accordance with BMC 38.270.030.
c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision,
if the Applicant proceeds with their proposal to divert upstream sewage from the East
Gallatin River Drainage Basin (Headlands Subdivision Drainage Basin Section) as
presented in their sewer report, then the Applicant must agree in writing to pay for
the cost associated with an amendment to the City's on-going Wastewater Facility
Planning effort. The amendment must incorporate the proposed upstream
wastewater diversion, update the City's hydraulic model, and incorporate any
findings in the analysis identified above into the City's facility plan.
New water and sewer mains will be extended in the proposed streets to serve the lots within
the Canyon Gate subdivision. The proposed parks and open space will be irrigated with
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 24 of 37
exempt well(s) and irrigation requirements are within the regulatory limits of an exempt
water right. A confirmation letter from the DNRC is included in the Documents. Water rights
for the subdivision lots will be provided by cash-in-lieu of water rights (CILWR) payments.
Due to the large lots proposed, all future lot development will undergo a Site Plan review.
The CILWR will be determined and paid upon the plan review and development of each lot.
Concurrent construction of subdivision infrastructure and site development is proposed for
the residentially zoned lots, to enable site plan and building permit reviews to proceed for
the initial projects while subdivision infrastructure is being completed, inspected and
accepted by the City.
38.220.060.A.10 - Stormwater Management. Stormwater runoff will be mitigated for
subdivision streets, parks, and open spaces. On-site stormwater mitigation will be provided
for the development of each lot at the time of lot development. Flood conveyance piping is
also described in the Storm Drainage Engineer’s Report.
38.220.060.A.11 - Streets, Roads, and Alleys. Canyon Gate is accessed by Bridger Drive
(Highway 86), Story Mill Road, and extensions of Spirit Crossing Lane and Maiden Spirit
Street from the Legends Subdivision. A new north-south Lucy Lane will be provided on the
east side of the subdivision. The City is currently improving the intersection of Bridger Drive
and Story Mill Road and is installing a traffic signal there. The Canyon Gate subdivision
improvements consist of dedicating rights-of-way (ROW) and widening Story Mill Road to a
City Collector standard from Bridger Road to Boylan Road. Interior streets will be
constructed to a 35-foot-wide local street standard within a 60-foot-wide ROW. Proposed
street sections are provided on plan sheet C4.1. Bicycle lanes are provided on Story Mill
Road. Ten-foot-wide shared-use pathways will be provided on the east side of Story Mill
Road north of Bridger Road. Per Condition No. 2, the Applicant will provide an adequate
shared use path on the west side of Story Mill Road north of Bridger Road in accordance with
the City’s Transportation Plan, to the extent of the Site’s frontage, provided landowners and
the County grant permissions. These pathways in conjunction with the internal park
pathways will provide enhanced multi-modal connectivity between existing and proposed
community parks and neighborhoods. All local streets proposed in the Canyon Gate
subdivision include City Standard sidewalks on both sides of the street. Lot 1 of Block 5, at
the intersection of Story Mill Road and Bridger Road, is proposed to be directly accessed
from both Bridger Road and Story Mill Road if permission is granted for a driveway access
point from Bridger Road. This lot is proposed as a large, mixed-use lot. Additionally, shared
access for Lots 1 and 2 of Block 1 is proposed from Story Mill Road. The suitability of these
accesses is addressed in the Traffic Impact Study. Only minor modifications to existing
streets are required. As mentioned previously, Story Mill Road will be improved to City
Collector Standards. An existing approach continuing Weeping Rock Lane south of Boylan
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 25 of 37
Road will be removed since this street is not required to be extended. If granted permission
by MDOT and the City, an existing approach on Bridger Road will be relocated to the west to
serve Lot 1 of Block 5. Occasional street closures will be required during utility and street
construction. All streets will be paved and gravel alleys are not proposed. Proposed streets
will be City owned and maintained.
Stormwater collection and mitigation will be provided for new subdivision streets and Story
Mill Road. Stormwater will be treated and infiltrated in a sub-surface system located on the
common open space Lot A in Block 1. The property owner's association will maintain the
stormwater mitigation system serving the City streets located on the common open space
Lot A in Block 1.
The Traffic Impact Study (TIS) describes the traffic generation, capacity analysis and level of
service, and any traffic calming required as mitigation for potential adverse traffic impacts
to neighborhoods. The TIS shows that all intersections and approaches will operate at a level
of service “C” or better.
Concurrent construction of subdivision infrastructure and site development is proposed for
the residentially-zoned lots to enable site plan and building permit reviews to proceed for
the initial projects while subdivision infrastructure is being completed. The Concurrent
Construction Plan must address compliance with BMC Section 38.270.
38.220.060.A.12 – Non-Municipal Utilities. The subdivision plat has been provided to
NorthWestern Energy, Yellowstone Fiber, Spectrum, and Century Link for review. To date,
no response has been provided. Code Provision No. 2 requires proof from the private
utilities that they can and will serve the subdivision. Canyon Gate is surrounded by existing
development with multiple points of service from existing utilities. Non-municipal utilities
will be located in 10’ wide utility easements running along all subdivision streets and lot
frontages. To accommodate the widening of Story Mill Road, the existing overhead power
line running along this street is proposed to be relocated underground in the new utility
easement provided on the preliminary plat. The proposed utility easements outside of the
City rights-of-way will reduce conflicts between municipal and non-municipal utilities.
38.220.060.A.13 - Land Use. Canyon Gate Subdivision consists of 24.14 acres to be
subdivided into 11 buildable lots, 3 parks, an open space lot, and street rights-of-way. The
property has been annexed into the City of Bozeman and has four zoning designations: B-
2M, REMU, R-5, and R-3. Three lots are proposed within the western B-2M zoning for mixed-
use (residential above commercial space). Six lots adjacent to existing residential
development are proposed within the R-3 zoning for medium-density residential. Two lots
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 26 of 37
in the center of the property within the R-5 zoning are proposed for higher-density
residential development. Two lots of REMU, designated as parkland, are situated between
the B-2M zoned mixed-use and neighboring residential areas. Parkland and open space will
provide the subdivision and community with valuable trail connections and recreational
spaces.
The annexation agreement between the Applicant and the City further delineates land uses
within the subdivision and development therein by establishing height and bulk limitations
and the provision of income-restricted housing as follows:
[Canyon Gate Declaration of Covenants, Conditions and Restrictions, recorded in Document
No. 2774188 by the Gallatin County Clerk and Recorder on April 28, 2022.]
These provisions will be reflected in any development within this subdivision.
38.220.060.A.14 - Parks and Recreation Facilities. According to the Applicant: “The
Canyon Gate Park Master Plan was developed to create a pedestrian circulation pattern that
invites residents and neighbors to move into and throughout the development. This is
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 27 of 37
accomplished through a linear park system that runs east-west through the center of the site
to connect parkland in adjacent neighborhoods to the M Trail, Story Mill Spur Trail, and Story
Mill Community Park. The street layout was designed to minimize street crossings along the
linear park and most of the neighborhood will have one or fewer crossings required to reach
the major park amenities. The park system will have a playground, picnic shelter, seating,
art, and a 10’ concrete path. The linear park system is supplemented by a planned north-
south pedestrian corridor through the B2-M zoned parcels that connect the linear park trail
to an open space parcel with a dog park and community garden that will have a public access
easement. The project proposes 15.68 acres of residential area with 3.08 acres of public
parks and open space. The project will provide a minimum of $256,367 in Improvement-In-
Lieu. The subdivision dedicates parks or improvements-in-lieu up to 12 dwelling units/acre
for all lots.”
Code Provision No 5 identifies requirements for the development and maintenance of park
assets and facilities within this subdivision.
38.220.060.A.15 - Neighborhood Center Plan. The focal point of the subdivision is the
linear park running east-west and south through the center of the development (see Figures
9 through 11). This park is adjacent to neighborhood commercial development and contains
several park amenities. The park amenities include an extensive network of trails, a
playground, and a picnic pavilion. This “green corridor” connects the residences in the
Canyon Gate development to the adjacent neighborhoods. The parks’ district-wide
connectivity lends itself to forming a neighborhood center. It is likely that neighborhood-
serving commercial establishments within the B2-M zoned properties, such as a coffee shop
or convenience store, will also serve as a neighborhood gathering space.
38.220.060.A.16 - Lighting Plan. All subdivision street lighting is proposed within the
street right-of-way in accordance with the City’s lighting design standards. Street lighting
will be provided for Story Mill Road and internal streets. Lighting is also proposed where
pedestrian pathways cross streets in accordance with City standards. No lighting is proposed
within subdivision parks and open spaces. Any lighting associated with future lot
development will be reviewed for conformance with City standards at the time of lot
development.
38.220.060.A.17 – Miscellaneous
a. Public Lands. The site is not adjacent to public lands, hunting, or fishing areas; however,
the subdivision will increase public access to the site and the surrounding public lands by
connecting truncated streets, trails, and sidewalks. The project will also include 3.06-acres
of public parks and open space.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 28 of 37
b. Hazards. Future development would mitigate potential hazards associated with
stormwater flows as described in Condition of Approval No. 1. The Traffic Impact Study
identifies potential hazards associated with delays in emergency service providers reaching
the Site when there is a train on the train tracks at the Rouse, Griffin or L Street crossings. If
and when this conflict exists, the Bozeman Fire Department Dispatch software will
automatically route the service call to the Central Valley Fire Station at Spring Hill Road to
respond to the call.
c. Wildlands-Urban Interface. The site is within the Wildlands-Urban Interface (WUI) and
lists the site and nearby areas as having low-priority hazards.
38.220.060.A.19 - Affordable Housing. The Applicant states: “The owner recognizes the
housing crisis in our valley and the lack of obtainable, workforce housing. In response, the
owner has voluntarily offered to provide a minimum of 60 housing units within the R-5
zoning that are priced no greater than 120% of Area Median Income (AMI) at an interest rate
of 3.5%. The management of the income-restricted housing units shall be administered by a
community land trust or other entity acceptable to the City. Construction of the income-
restricted housing will begin before the vertical construction within the B-2M zoning district
and will complete all 60 units within 24 months after commencing construction. In addition
to the effort above, the owner is proposing to develop a range of housing types that will
provide variety in housing prices within the Bozeman housing market to better serve the
needs of residents.”
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property was given three zoning designations: B2-M, Community Business
District—Mixed; R-3, Residential Medium Density District; and R-5, Residential Mixed Use
High-Density District.
The intent of the B2-M district is to function as a vibrant mixed-use district that
accommodates substantial growth and enhances the character of the City.
The intent of the R-3 district is to provide for the development of one- to five-household
residential structures near service facilities within the City.
The intent of the R-5 district is to provide for high-density residential development through
a variety of housing types within the City with associated service functions.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 29 of 37
The 24.14-acre Site, having the three zoning designations, combined, would meet the intent
of each of the three zoning districts by providing neighborhood-serving commercial
activities, a variety of housing types with a variety of densities within the 11 buildable lots.
Furthermore, the annexation agreement (Project No. 21337) stipulates where the various
types and densities of housing are to be situated within the subdivision (see Attachment B).
Adopted Growth Policy Designation:
The Site lies within two Future Land Use Map (FLUM) designation areas. The westernmost
B2-M zoned lands lie within a Community Commercial Mixed Use designation and the
remaining lands lie within a Residential Mixed Use designation.
Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Site’s
future land use map designations and implementing zoning districts. The Site’s zoning
designations are implementing zones for the two respective FLUM designations.
This proposed subdivision is well-suited to implement the two FLUM designations by
providing lots that will support a variety of housing types including duplex, fourplex, housing
over commercial space, and apartment multi-household units in an existing developed
residential area that is predominantly detached single-household units. The townhouse and
multi-household lots will support construction of “missing middle” housing which is
contemplated throughout the Bozeman Community Plan 2020 and is defined by the Plan as:
“Missing middle housing is housing constructed in buildings which are of a size and design
compatible in scale and form with detached individual homes. Example housing types
include duplex, triplex, live-work, cottage housing, group living, row houses, townhouses,
horizontally layered apartments, flats, and other similar configurations.”
The growth policy encourages development to be walkable, which is defined in the Plan 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.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 30 of 37
• 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.
The New Canyon Gate Blvd, the extension of Maiden Spirit St. through the Site and the Public
Parks A, B and C “green corridor” through the Site provide the “Center” of the subdivision.
There is not enough population density to support Streamline transit to the neighborhood.
The closest bus stop is the Blue Line at Walmart or the Brown Line at Rouse and Tamarack
streets.
There are trails and sidewalks situated throughout the Site to make for safe and effective
pedestrian and bike travel within the Site. The Site is walkable but travel outside the Site
will require vehicular or bicycle travel.
The site has a Walk Score of 30 (car dependent) , a Transit score of 0 (no transit services),
and a Bike Score of 43 (somewhat bikeable). Average walk score for the city as a whole is 48
out of 100. These values are provided by Walk Score, a private organization which presents
information on real estate and transportation through walkscore.com. The algorithm which
produces these numbers is proprietary. A score is not an indication of safety or continuity of
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 31 of 37
services or routes. Scores are influenced by proximity of housing, transit, and services and
expected ability, as determined by the algorithm, to meet basic needs without using a car.
This site is an undeveloped former farmland, surrounded by existing residential uses.
Complimentary uses such as schools, parks, grocery stores, and employment opportunities
are distant and require vehicle travel. There are no adopted development standards relating
to the Walk Score.
The proposed development is roughly 1/4 mile to Story Mill Park and about ½ mile to Glen
Lake Rotary Park, which provide a variety of recreational opportunities.
The closest grocery store is the Town and Country at Highland and Main streets which is
approximately 2.3 miles from the Site. The two closest schools are the Hawthorne
Elementary about 2 miles from the Site and Whittier Elementary approximately 2.3 miles
from the Site.
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-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-
household).
In addition to those Community Plan policies that apply to this subdivision, the Applicant
offers the following evaluation of the 2020 Bozeman Community Plan goals and policies,
including:
Goal N-1: Support well-planned, walkable neighborhoods. The development will connect
streets and sidewalks that were truncated in anticipation of development. “The subdivision
and parkland are designed to connect the Canyon Gate development to neighborhoods,
schools, services, jobs, parks, and trails that will promote a walkable and bikeable
community.”
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential
development through diverse mechanisms in appropriate locations. “This residential
development will have commercial nodes along the prominent intersection of Story Mill
Road and Bridger Drive. In conjunction with the array of residential housing options, the
commercial will create a focal point in the Story Mill District and serve the neighboring
communities.”
Goal N-3: Promote a diverse supply of quality housing units. “Canyon Gate will have a
minimum of 60 workforce/”Missing Middle” housing in addition to a variety of housing types
including, duplexes, fourplexes, and apartment buildings. The assortment creates a smooth
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 32 of 37
transition between low and high-density mixed-use and is designed to improve the current
housing crisis by providing variety and density in appropriate locations.”
Goal N-4: Continue to encourage Bozeman’s sense of place. “This project proposes a
commercial node within the Story Mill District to serve the surrounding community. The
development will complement the nearby historic structures and contribute to the identity
of the district by encouraging a commercial core along Story Mill Road leading to the historic
mill.”
Goal DCD-1: Support urban development within the City. “The site is surrounded by
development and is located on a prominent corner within the Story Mill District. The
property is currently underutilized and undeveloped. The proposed residential and mixed-
use development is near a large network of trails and parks to support this infill project.”
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development, oriented on centers of employment and activity. Support an
increase in development intensity within developed areas. “This infill project encourages a
commercial hub, a variety of housing types, and a range of densities. This will form a center
of employment and activity while encouraging continuity in adjacent areas of the district.”
Please note that the recent Housing Departures Ordinance 2111 defined “Infill” as: “The
development or redevelopment of vacant, abandoned, or underutilized properties within or
wholly surrounded by the City, and where water, sewer, streets, and fire protection have
already been developed and are provided. Infill is development proposed or located within
land that has been subdivided for at least 35 years.” Since this Site is a recently annexed and
zoned fallow farmland unsubdivided Tract of land, it does not qualify as an “infill” site and,
therefore, this staff analysis does not describe it as such.
Goal DCD-3: Ensure multimodal connectivity within the City. “The increased development in
this area is currently spurring the expansion of public transportation services. The
development will extend truncated streets and sidewalks to create a continuous network of
biking and walking trails and form a community that fosters walkability. This multimodal
community will be strengthened by the proposed commercial node and increased residential
density.”
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application was submitted by the Applicant, Canyon Gate Investors, LLC,
111 W. Lamme Street, Suite 101, Bozeman, MT 59715 for a major subdivision of a 24.14-acre
Tract to create 15 lots consisting of 3 mixed commercial and apartment residential lots
zoned B2-M; 2 two-household residential lots zoned R-3; 2 apartment residential lots zoned
R-5; 4 four-household residential lots zoned R-3; 3 park lots; and 1 open space lot; along with
dedicated streets rights-of-way.
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 33 of 37
APPENDIX C – NOTICING AND PUBLIC COMMENT
Public notice began 2/28/23 and again on 3/17/23. Notice was provided twice as the first
notice had an error in the Site map. A second, corrected notice was conducted, beginning
March 17, 2023, to April 18, 2023. This is at least 15 and not more than 45 days prior to the
close of the public comment period/April 18 City Commission public hearing per BMC
38.220.420. The City scheduled the corrected public notice for this application on March 17,
2023, with the Applicant posting a public notice on the subject property on that same date
as well as mailing 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.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT
59715
Representative: Brooke Perrelli, SMA, 428 E. Mendenhall Street, Bozeman, MT 59715
Report By: Susana Montana, Senior Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time but will include increased property tax
revenues from new development, along with increased costs to provide municipal services
to the property.
ATTACHMENT LINKS
The full application and file of record can be viewed digitally at
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=264157&cr=1
Public Comment as of April 7, 2023: Public notice began 2/28/23 and again on 3/17/23 and
can be viewed on the City’s Public Comment Laserfiche link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMAN
Attachment A: Planning Board Comments from the April 3, 2023, public meeting.
The City’s Community Development Board (CDB), acting as the Planning Board, met April 3,
2023 in a public meeting to discuss the merits of the proposed Canyon Gate Preliminary Plat
pursuant to Section 38.240.140.A.2 of the Bozeman Municipal Code (BMC). The primary
responsibility of the Planning Board in reviewing subdivision applications is to determine
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 34 of 37
compliance of the application with the City’s Comprehensive Plan Growth Policies. To that
end, the Board voted unanimously, 7 to 0, in favor of the following 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 22264 and move to recommend approval of the Canyon Gate Major
Subdivision Preliminary Plat with conditions and subject to all applicable code
provisions with the caveat that the Applicant must hold a meeting with the neighbors
prior to presenting the subdivision to the City Commission for action.”
Overall, the Board Members stated that they felt the subdivision would facilitate the concept
development plan and that the concept plan was a good plan and addressed important
Growth Policies. Below are specific comments on the plat and plan from Board Members.
Comments from the public are not presented here as there are written comments found in
the following link and the video of the Board meeting can be found in the following link.
Public Comments:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=273210&dbid=0&repo=BOZEMA
N
April 3, 2023 CDB Meeting:
https://bozeman.granicus.com/player/clip/1994?view_id=1&redirect=true&h=e5920216
2589515e887e39f549222294
CDB Members present: Hap Happel, Jennifer Madgic, Allison Bryan, Brady Ernst, Chris
Egnatz, Jason Delmue, and Ben Lloyd.
Post-Public Comment and Post-Motion Comments:
Members defer to the staff-recommended conditions of approval and code
provisions.
It is a good plan; like the commercial node in this neighborhood; like the linear park.
Concern with the loss of 100 trees; prefer to keep as many of the mature, native
species trees as possible; the trees are located in a low-lying area which is a natural
drainage area that waters the trees and provides safe, on-site stormwater drainage.
It was suggested that the linear park be moved northward to include the existing tree
groves to protect them.
Concern with the transportation issues, particularly the need to have a connection to
Northview Street to provide a connection to Bridger Drive, an arterial roadway; Many
Board Members insisted that this connection is critical to the project and should be a
condition of approval of the subdivision. However, the Board did not include this
condition in the Motion for approval. Rather, in the Motion for approval, they urged
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 35 of 37
the Applicant to meet with neighbors from the Legend subdivision along with HOA
Board Members to negotiate an easement for this connection. They stated that the
subdivision application should not be moved forward to the Commission for action
until and unless the Applicant meets with Legend subdivision HOA representatives to
negotiate an easement to Northview Street from the project.
There was disappointment expressed by Board Members that the Applicant did not
meet with neighbors early on to discuss the design of the plat and their flood and
traffic concerns. They urged the Applicant to meet with the neighbors, to be sensitive
to their concerns, and be willing to amend some aspects of the plat, if necessary, to
address their concerns. This should have been done early-on in the plat design stage.
There was agreement that the Applicant should work with the City Engineer and
Legend neighbors to identify traffic-calming mitigation measures for the connection
to the Legend Maiden Spirit Street.
Although the workforce housing is priced above median area income, we need this
type of housing. The 60 “affordable” units are deemed “below market” priced units.
They should be price-restricted in perpetuity.
Board Members stated that City residents need affordable housing that can be
provided by this subdivision. They want the units to be occupied by local residents
and not be sold to non-residents as second homes or made available to transients as
short-term rentals. Some Members want approval of this subdivision to have a
condition prohibiting short-term rentals therein, or at least prohibiting Type 3 (no
owner occupant) short-term rentals within the subdivision.
There was concern about the floodplain and flooding issues associated with this
subdivision.
o The Director of Transportation and Engineering explain the approach the City
is taking regarding the flood hazard evaluation of the proposed subdivision
and the conditions of approval for this preliminary plat would assure public
safety from flood hazards. The Condition No. 1.B advises lot owners that the
results of the revised FEMA map may affect the development potential of their
lot.
o Staff assured Board Members that the final plat would meet code standards
and staff would not bring a final plat to the Commission for approval until it
does meet code.
o Board Members stated that they defer to the engineering professionals to
ensure that the development is safe from flooding internally and externally.
There was agreement that the subdivision should provide trail connections to area
public trails.
There was discussion about the delay of emergency services response due to trains
traveling or stopped on nearby tracks. Is it possible to get a Fire Department station
north of the train tracks? Should the subdivision approval include a “waiver of
protest” to rail crossing delays at Rouse, Griffin and L streets?
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 36 of 37
Pre-Motion and Pre-Public Comment Board Discussions:
Concern with the location of Park C. It lies next to the Legends subdivision’s private
open space but there is no connection to it. Will there be a fence separating Park C
and the north-south trail from the Legends private open space area? Canyon Gate
residents and the general public should be encouraged to use that north-south trail
that lies within the Canyon Gate land. There was also concern with the potential for
Canyon Gate residents and the public “trespassing” onto the Legend’s private open
space which is maintained by the HOA.
Pedestrian access to Park A; will there be safe passage for pedestrians to connect to
all the internal parks and the open space lot?
o Applicant stated that there will be 3 mid-block crossings to facilitate
pedestrian connection to Parks A and B and from Park B to C, and crossing
Canyon Gate Blvd. between the commercial B-2M “mall-like” areas. These
crossings will be striped and well-lit.
What effort has gone into preserving the mature trees on the property? Why cannot
they be preserved? There was considerable discussion about preserving mature
trees.
o Applicant stated that the trees lie in a low spot on the property and is subject
to flooding. If the low area is retained, the homes built therein would flood.
There were numerous written comments from the public stating that the Applicant
refused to meet with them to discuss the plat design and concerns about connections,
traffic, and flooding. There was one 24-page comment letter that identified concerns
and suggested conditions of approval to be placed on the plat. What efforts have been
made by the Applicant to meet with these neighbors? They are a new official
Neighborhood Association. Would the Applicant be amenable to incorporating those
suggested conditions into the project?
o The Applicant said that during the annexation public hearings, they heard a lot
of comments from neighbors and they met with neighbors, not necessarily the
same neighbors as commented on this subdivision application. His experience
from those earlier annexation meetings discouraged him from new meetings
with neighbors. He stated that he would meet with neighbors and HOA
representatives to discuss their concerns. He is willing to pay for the road
improvements to connect Canyon Gate Blvd. to Northview Street if he can get
an easement across the HOA lands to Northview Street.
o In response to the inquiry as to whether or not he would accept the conditions
recommended in that comment letter, he said he is willing to research those
suggested conditions to see if they are viable for the project.
There was concern that the Parks Master Plan for the subdivision allowed cash-in-
lieu instead of providing all the required parkland on the property. How is the policy
of providing cash-in-lieu instead of parkland established? Is it on a case-by-case basis
and how is the fee established? It seems that the fee is way below market value for
the parkland not provided on this property.
o Staff responded that the Parks and Recreation Department reviews all Parks
Master Plans and, based on project populations and nearby park facilities,
City Commission Staff Report for the Canyon Gate Major Subdivision Preliminary Plat Page 37 of 37
establishes how much parkland should be provided on a Site, how much
Improvements-in-Lieu of land should be provided on- or off-site, and how
much cash-in-lieu (CIL) should be provided. The dollar amount of the CIL is
established at the beginning of each year and that dollar amount per
increment of land is used for all projects during that year. The PARKS
Department reviewed the Parks Plan for this subdivision and recommends
approval with the conditions of approval noted in the staff report.
There was a discussion about the affordable dwelling units proposed for the R-5
zoned lands. How can those units be affordable in perpetuity?
There was a discussion about the traffic impact study methodology in which the
traffic counts in the area were taken when schools were not in session. Did this skew
the analysis and mitigation measures?
There was discussion about whether the subdivision would be built in a single phase
or if the individual lots would be developed. Would there be a requirement for a
Master Site Plan or could individual lots be built with individual site plans?
o Staff stated that the Applicant has asked for concurrent construction of the
public infrastructure, such as water, sewer, stormwater facilities, streets, and
the like, with the development of the lots. He has stated that he would build
the subdivision in one phase.
o The Annexation Agreement has provisions as to when the affordable housing
must be built in relation to when the commercial space is built in the B-2M
zone.
o If the subdivision is approved and the final plat is recorded, the owner of lots
can come in with a single site plan for all the lots or individual lot owners could
submit a site plan for each lot.