HomeMy WebLinkAbout22082 Findings of FactCity Commission Findings of Fact and Order Staff Report for Urban + Farm Phase 1 Major Subdivision
Preliminary Plat; 22082
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Bozeman City Commission Findings of Fact and Order Staff Report for the
Urban + Farm 1 Major Subdivision Preliminary Plat; Application No. 22082
Public Meeting / Hearing Dates:
Community Development Board acting in their capacity as the Planning Board,
considered the application at their February 6, 2023 meeting and the motion
recommending conditional-approval passed unanimously 5-0. The full meeting can be
viewed here: Community Development Board Meeting.
City Commission public hearing was held at their Tuesday, February 28, 2023 meeting
and the motion to conditionally-approve the Urban + Farm Major Subdivision
Preliminary Plat passed unanimously 5-0. The full meeting can be viewed here: City
Commission Meeting.
Project Description: A major preliminary plat subdivision application of 8.73 acres that
includes 31 residential lots, 4 common open space lots, and 1 public park lot.
Project Location: The property is legally described as Lot R2A of Norton East Ranch
Subdivision, Phase 4 located in the NE ¼ of the SW ¼ of Section 9, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the Findings of Fact and Order staff report for application 22082 and move
to approve the Urban + Farm Major Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions.
Report Date: March 16, 2023
Staff Contact: Lynn Hyde, Development Review Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat application on March
4, 2022 requesting to subdivide 8.73 acres to create 31 residential lots, 4 common open space
lots and 1 public park lot. The site is currently vacant. The property will have access from the
continuation of Fallon Street to the east, and South Reliance Avenue and South Eldorado Avenue
to the north. The property is zoned R-5, Residential Mixed-Use High Density District.
On January 10, 2023 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends approval with the conditions and code
provisions identified in this report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
The final decision for this preliminary plat must be made by March 2, 2023 and the City
Commission conditionally-approved the preliminary plat on February 28, 2023.
The Community Development Board acting in their capacity as the Planning Board, considered
the application at their February 6, 2023 meeting and the motion recommending approval passed
unanimously 5-0. The full meeting can be viewed here: Community Development Board
Meeting. The Board votes on the item at 18:30.
On February 28, 2023, after the City Commission reviewed and considered the application
materials, staff report, advisory review board recommendations, public comment, and all the
information presented, they made individual findings and voted 5-0 in favor of approving the
application. The Commission agreed the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
No public comment was received during the public comment period.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recoded video of the meetings located at the below link, filed under February 28, 2023.
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The full meeting can viewed here: City Commission Meeting
Alternatives
1. Approve the application with the recommended conditions and code provisions.
2. Approve the application with clarifications and/or corrections or minor modifications to
the staff-recommended conditions and applicable code provisions.
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ............................................................................... 10
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 10
SECTION 4 – CODE REQUIREMENTS .................................................................................... 11
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 14
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 14
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 15
38.220.060 Documentation of compliance with adopted standards ................................. 17
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 22
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 24
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 26
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 26
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 26
FISCAL EFFECTS ....................................................................................................................... 27
ATTACHMENTS ......................................................................................................................... 27
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan 2020 Future Land Use
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Exhibit 3 – Current Land Use
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Exhibit 4 – Preliminary Plat
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Exhibit 5 – Landscaping Plan
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. In accordance with BMC 38.240.100, the applicant has chosen review of this subdivision
under the terms of 76-3-623 MCA; therefore, the applicant is obligated to complete the
construction of the approved subdivision in accordance with the approved application and
any applicable requirements in Montana law, administrative rules, municipal code, and
design standards.
2. The final plat must contain the following notations on the conditions of approval sheet, as
well as it must be placed within the property owners covenants, conditions and
restrictions (CC&R) document:
a. In order to meet the density requirements found within the R-5 zoning district, the
lots legally described as Block 2, Lot 1-10 are set aside for multi-household
development. These lots must be developed with a minimum of four units each on
Lots 1-5 and 7-10 and seven units each on Lot 6 (or as otherwise required by the
zoning district at the time of site plan application in order to ensure the entire
subdivision reaches the minimum density threshold of eight dwelling units per
acre in the R-5 zoning district).
b. Block 1, Lot 1-10 and Block 2, Lot 1-4 are designed to orient the front of the lot
and future buildings towards lots Open Space A & Open Space C. Future
development is required to place the functional front of the building and primary
façade towards the Open Space lots. Setbacks will be determined with the
northern lot line as the front setback, and the southern setback measured from the
alley. In addition to homes fronting on the Common Open Space, each home is
required to have a pedestrian connection from the primary/northern facing façade
towards the east west pedestrian pathway that runs through the Open Space A &
C.
c. Block 1, Lot 11-21 and Block 2, Lot 7-10 have vehicular access from the northern
alley, Planter Place. Future development on these lots are required to take
vehicular access from Planter Place and not have curb cuts along Fallon Street
unless the City determines it is in the best interest of the community to allow it, in
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order to maintain unbroken sidewalks and further the walkability of the
neighborhood.
3. In order to mitigate user conflicts, a fence is required along the western property
boundary to ensure park users do not encroach onto the conservation easement. The fence
design must be submitted to the Director of Community Development for review prior to
installation, and the applicant is encouraged to coordinate with the property owner of the
conservation easement to the west.
4. Due to known high groundwater, a condition shall be placed on the final plat that states,
“Due to known high groundwater conditions in the area no basements will be permitted
with future development of the site. No crawl spaces will be permitted with future
development of the site, unless a professional engineer registered in the State of Montana
certifies that the lowest point of any proposed structure is located above the seasonal high
groundwater level and provide supporting groundwater data prior to the release of
building permit. In addition, sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are also not allowed to be connected to the drainage system
unless capacity is designed into the drainage system to accept the pumped water. Water
from sump pumps may not be discharged onto streets, such as into the curb and gutters
where they may create a safety hazard for pedestrians and vehicles."
5. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SID's) on City
standard record Form prior to final plat approval.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.220.070.A
a. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association (POA) of any open space proposed to be conveyed to the POA and all
its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the POA and associated realty transfer certificate. The subdivider or owner of the property
must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners association, the subdivider shall provide an instrument acceptable to the City
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Attorney transferring all its rights, title and interest in such improvements
including all applicable warranties to such improvements.
3. Sec. 38.240.150. Final plat application. a. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Final Subdivision Plats (24.183.1107 ARM) and must be accompanied by all required documents, including certification from the City
Engineer that as-built drawings for public improvements were received, a platting
certificate, and all required and corrected certificates. 4. Sec. 38.240.150.A.3.d. Transfer of ownership of public land, off-site land, personal property, improvements and water rights documents required. a. For the transfer of real property in satisfaction of required or offered dedications
to the City, and required or offered donations or grants to the POA, the subdivider or owner of the property must submit with the application for final plat a warranty deed or other instrument acceptable to the city attorney transferring fee simple ownership to the City or the POA. b. For the transfer of personal property installed upon POA-owned open space, the
subdivider must provide the City an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements to the City or the POA. c. The subdivider or owner of the property must record the deed or instrument transferring ownership or interest at the time of recording of the final plat with the
original of such deed or instrument returned to the City or POA as applicable. d. For the transfer of ownership interest in water, the subdivider or owner of the property must submit with the application for final plat a deed or other instrument acceptable to the City Attorney transferring ownership to the City or POA, along with all required state department of natural resources and conservation
documentation, certification and authorization.
5. Sec. 38.400.070 Street Lighting a. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be
deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD shall be granted prior to Final Plat Approval. 6. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on City standard easements templates. Drafts must be prepared for review and approval by the City. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates.
b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. Where the lots front Open Space A and Open Space C, the easement must be provided along the rear of the lot, adjacent to Planter Place.
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c. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
7. Sec. 38.410.070.A
a. As presented, wastewater generated from the subject property will flow into the
existing Norton Ranch Lift Station (NRLS). The subject property was not
originally allocated capacity at the lift station. The NRLS does not currently meet
DEQ firm capacity requirements. A lift station design report has been completed
by HDR Engineering, Inc. to allow for phased upgrades to the NRLS including
the subject property. The lift station must be upgraded in accordance with the
HDR design report prior to Final Plat approval.
8. Sec. 38.410.130.C.2 - Water Adequacy.
a. Compliance with this section is deferred for the following developments until the
occurrence of future development if the applicant records a notice of restriction on
future development in a form acceptable to the review authority with the Gallatin
County Clerk and Recorder: The applicant must contact the City Engineering
Department to obtain a determination of cash-in-lieu of water rights (CILWR).
CILWR must be paid prior to final plat approval.
9. Sec. 38.400.060 – Street Improvement Standards.
a. The applicant stated in the Traffic Impact Statement (TIS) that the Fallon Street
and Cottonwood Road intersection will fall below the level of service standards
defined in 38.400.060 and the intersection will require improvements. These
improvements are scheduled within three years in the City’s Capital
Improvements Plan and are eligible for payment of cash-in-lieu of capital
facilities. Prior to final plat approval, the applicant must pay the development’s
proportionate share of the improvement’s costs.
10. Sec. 38.400.090 Access
a. The applicant shall place the following condition of approval on this sheet prior to
final plat approval. "Lot access must be constructed to the standard set forth by
the City of Bozeman Design Standards and Specifications Policy and the City of
Bozeman Modifications to the State Public Works Standard Specifications per
Bozeman Municipal Code requirements.”
b. The applicant shall place the following condition of approval on this sheet and
callout the no access strip on the plat prior to final plat approval. "A 1-foot no
access strip shall be placed along all lots fronting on Laurel Parkway."
11. Sec. 38.420 Parks
a. A preconstruction meeting with the Parks Division and Forestry is required prior
to any site work. Applicants must provide the most recent park plans and request
a meeting at least 30 days prior to commencement of parkland construction.
b. Well and water connection must be installed to irrigate parkland if the south
development has not constructed the well yet. Any part of a City owned and
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maintained irrigation system that is located on private property shall be contained
within a public irrigation easement. The easement shall be acceptable to the City
and filed with the Gallatin County Clerk & Recorder prior to final plat approval.
c. Prior to the City’s final acceptance of public park improvements or public street
improvements, the applicant shall ensure that the City obtains ownership, free
from any defects in title as determined by the City, of any irrigation water rights
appurtenant to those City parks or City streets.
d. If an exempt well is proposed to provide irrigation water supply for the
development, a written determination from DNRC shall be provided prior to final
plat approval indicating that the proposed exempt water use is allowable under
applicable state law governing the use of exempt wells.
e. Applicant to include this note on the final plat: “Private utilities are not allowed
within parkland unless otherwise approved by the Director of Parks and
Recreation.”
f. Approval of the park plan amendment and construction drawings by the Parks and
Recreation Director is required prior to the pre-construction meeting. Provide the
following corrections with your submittal:
1. Design site amenities and trees to be outside of the 10' existing
draintile maintenance easement. There is one bench within the
easement that must be removed.
ii. Adjust irrigation mainline material to be PVC Sch 40 material on sheet IR-
1.
g. Applicant must include this note on the conditions of approval sheet of the final
plat if parkland has not been fully accepted by the parks department prior to final
plat review: “Although an easement or parkland dedication is required at the time
of Final Plat, the Parks and Recreation Department does not assume maintenance
responsibility for parkland and improvements until the following have been
completed after Final Plat: 1) the constructed park meets requirements of
38.420.080 and the approved park master plan, 2) all conditions of approval for
the subdivision or park master plan are completed, and 3) written
acknowledgement of final acceptance has been provided by the City.”
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Department of Community Development received a Preliminary Plat application on March
4, 2022 requesting to subdivide 8.73 acres to create 31 residential lots, 4 common open space
lots and 1 public park lot. The site is currently vacant. The property will have access from the
continuation of Fallon Street to the east, and South Reliance Avenue and South Eldorado Avenue
to the north. The property is zoned R-5.
On January 10, 2023 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends approval with the conditions and code
provisions identified in this report.
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The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
The final decision for this preliminary plat must be made by March 2, 2023. The Community
Development Board acting in their capacity as the Planning Board, considered the application at
their February 6, 2023 meeting and the motion recommending approval passed unanimously 5-0.
The full meeting can be viewed here: Community Development Board Meeting. The Board votes
on the item at 18:30.
On February 28, 2023, after the City Commission reviewed and considered the application
materials, staff report, advisory review board recommendations, public comment, and all the
information presented, they made individual findings and voted 5-0 in favor of approving the
application. The Commission agreed the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
No public comment was received during the public comment period.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recoded video of the meetings located at the below link, filed under February 28, 2023.
The full meeting can viewed here: City Commission Meeting
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory board shall
consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
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2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Community Development Board, acting in their capacity as the Planning Board,
held a public meeting which was properly noticed in accordance with the Bozeman Municipal
Code. Based on the recommendation of the Development Review Committee (DRC) and other
applicable review agencies, the recommendation of the Planning Board, as well as any public
testimony received on the matter, the City Commission will make the final decision on the
subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-623 MCA as
authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include
variances or other instances of lack of compliance to standards and procedures.
The Department of Community Development received a preliminary plat application on March
4, 2022. The DRC reviewed the preliminary plat application and determined the submittal did
not contain detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on April 18, 2022.
Revised applications were received on May 19, 2022, June 08, 2022, September 16, 2022, and
December 16, 2022. The DRC determined the application was adequate for continued review on
January 10, 2023 and recommended conditions of approval and code corrections for the staff
report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Friday, February 3, 2023 for postings on Sundays,
February 5 and February 12, 2023. The applicant posted public notice on the subject property on
February 5, 2023. The applicant sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on February 3, 2023. No public comment had been received on this application
as of the writing of this report.
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On February 16, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of approval to the City Commission.
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.
Per BMC 38.270.030, the development is not eligible for concurrent construction.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement No. 3, requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets or common open space constructed to City
standards with lot frontage meeting minimum standards as shown on the preliminary plat.
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on January 04, 2022 and no variances were requested. The applicant requested and was
granted waivers for floodplains, vegetation, wildlife, historical features, agriculture, and
agricultural water user facilities. The applicant requested and was not approved a waiver for
surface water.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water. There are no existing watercourses
on site.
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38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. A waiver for floodplains was
granted during the Pre-Application process.
38.220.060.A.3 – Groundwater
Due to known high groundwater, a conditional shall be placed on the final plat that states, “Due
to known high groundwater conditions in the area no basements will be permitted with future
development of the site. No crawl spaces will be permitted with future development of the site,
unless a professional engineer registered in the State of Montana certifies that the lowest point of
any proposed structure is located above the seasonal high groundwater level and provide
supporting groundwater data prior to the release of building permit. In addition, sump pumps are
not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be
connected to the drainage system unless capacity is designed into the drainage system to accept
the pumped water. Water from sump pumps may not be discharged onto streets, such as into the
curb and gutters where they may create a safety hazard for pedestrians and vehicles." Refer to
Conditions of Approval 4.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site. A waiver for vegetation was granted during the Pre-Application process.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during
the Pre-Application process.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. A waiver for agriculture was granted during the
Pre-Application process.
38.220.060.A.8 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. There are no active agricultural
water use facilities located within the development. The area is zoned for residential and is
surrounded partially by residential development.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. Utilities will be extending existing water
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main and sewer mains from Fallon Street from the east, and South Eldorado Ave and South
Reliance Ave from the north. As presented, wastewater generated from the subject property will
flow into the existing Norton Ranch Lift Station (NRLS). The subject property was not originally
allocated capacity at the lift station. The NRLS does not currently meet DEQ firm capacity
requirements. A lift station design report has been completed by HDR Engineering, Inc. to allow
for phased upgrades to the NRLS including the subject property. The lift station must be
upgraded in accordance with the HDR design report prior to Final Plat approval. Refer to Code
Requirement 7.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. A stormwater
management plan was provided and found in compliance with division 38.270 and the City
adopted stormwater master plan. The stormwater maintenance is the responsibility of the
homeowner’s association.
38.220.060.A.11 - Streets, Roads and Alleys
The applicant stated in the Traffic Impact Statement (TIS) that the Fallon Street and Cottonwood
Road intersection will fall below the level of service standards defined in 38.400.060 and the
intersection will require improvements. These improvements are scheduled within three years in
the City’s Capital Improvements Plan and are eligible for payment of cash-in-lieu of capital
facilities. Prior to final plat approval, the applicant must pay the development’s proportionate
share of the improvement’s costs. Refer to Code Requirement 9.
The extension of Fallon Street oriented east west will improve the overall community street grid
as will the north south extension of South Eldorado Avenue and South Reliance Avenue. An
alley, Planter Place, is being provided for access to the majority of the lots and will be the
vehicular access for the lots. Pedestrian pathways are being provided through the subdivision
with north south connections traveling north from Fallon Street and tying into the existing
pedestrian pathway in the existing subdivision to the north. There is also an east west pedestrian
corridor that travels from South Eldorado, across South Reliance Avenue to South Laurel
Parkway. The east west pedestrian connection is the frontage for the lots oriented towards it.
This proposed subdivision will include City standard sidewalks along all local streets, increasing
the walkability of the area. In order to continue improving the city’s goal of walkability, all lots
that have the ability to take vehicular access from the alley called Planter Place are required to
use the alley as their vehicular access. Reducing the number of curb cuts along Fallon Street will
improve the experience and safety for pedestrians. Refer to Condition of Approval 2b and 2c for
lot orientation requirements.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and internet
providers.
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38.220.060.A.13 - Land Use
The subdivision will not significantly impact land use. The current lot is vacant and surrounded
to the north and east with residential users, to the west with a conservation easement property
and to the south with a future mixed-use development. The proposed subdivision will create 31
residential lots (21 single detached family lots, 9 four-unit lots, and 1 seven-unit lot), 4 common
open space lot and 1 public park. In order to ensure the minimum density requirements are being
met, refer to Condition of Approval 2a for minimum densities on lots identified for multi-
household development. In addition, in order to mitigate user conflicts with the conservation
easement to the west, and future park users, a fence is required along the western property
boundary to ensure park users do not encroach onto the conservation easement. The fence design
must be submitted for review prior to installation, and the applicant is encouraged to coordinate
with the property owner of the conservation easement to the west. Refer to Condition of
Approval 3.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will be meeting their required parkland through a combination of land
dedication and improvements-in-lieu of parkland (IILP). 0.44 acres of dedicated parkland is
being proposed, which leaves a shortage of 1.08 acres. The remaining 1.08 acres will be
provided as improvements-in-lieu of parkland. Additionally, open space is located on site and
includes pathways that tie into existing trail networks. There are several parks within a 10 minute
walk from the proposed development which include: Norton Ranch, Norton East Park, and
Adam Bronken Park. The proposed park will connect the existing Norton Ranch Park to a
proposed park directly south resulting in a continuous parkland experience and recreation trail
network.
Parkland dedication and IILP will be entirely provided with the subdivision development. These
improvements include a recreation trail extension that ties into the existing Norton Ranch trail
network; a central node comprised of a playground area, benches, and decorative boulders;
additional tree plantings; and pedestrian lighting. Fencing will also be provided along the
western property boundary to ensure park users do not spill onto the existing conservation
easement. Refer to Conditions of Approval 3.
38.220.060.A.15 - Neighborhood Center Plan
The subdivision will not be providing a neighborhood center due to the relatively small size of
the development area (under 10 acres). While a neighborhood center was not required, it is
anticipated the park being dedicated will act as a de facto neighborhood focal point. In addition,
phase 2 of the Urban + Farm (Urban + Farm Phase 2) development to the south will be providing
neighborhood centers that will likely be used by residents of this subdivision. The narrative in
the concept submittal for Urban + Farm Phase 2 stated “The Neighborhood Center proposed
within Urban + Farm activates public spaces with commercial opportunities and outdoor plazas.
Civic buildings, trail connections and parkland are also planned to create a new destination in
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west Bozeman. Using higher density housing and new urbanist design emphasizing multi-modal
transportation opportunities, the vision for Urban + Farm seeks to create a distinct
neighborhood character and builds on existing residential and commercial development in the
area.” While these neighborhood centers are not being provided with Phase 1, nor are they
required due to the size of the parent parcel, it is anticipated they will be developed in the
relatively near future.
38.220.060.A.16 - Lighting Plan
This subdivision will not significantly impact outdoor lighting.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
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SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on February 28, 2023 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The Applicant, acknowledged understanding and agreement with the recommended
conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on February 28,
2023 and no public comment was offered during the public hearing.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before 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 3 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 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
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the City Commission, by following the procedures of Section 76-3-625, MCA. The
preliminary approval of this single phased major subdivision shall be effective for two (2)
years from the date of the signed Findings of Fact and Order approval. At the end of this
period the City may, at the request of the subdivider, grant an extension to its approval by
the Community Development Director for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNDY ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-5, Residential Mixed-Use High Density District. The intent of
the R-5 residential mixed-use high density district is to provide for high-density residential
development through a variety of compatible housing types and residentially supportive
commercial uses in a geographically compact, walkable area to serve the varying needs of the
community’s residents.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See Table below)
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
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Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support a variety of housing types from detached single households to seven-unit
buildings. The multi-household will support the construction of “missing middle” housing which
is contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is
also located in a central area with relatively quick access to a variety of goods and services. The
future phase, Urban + Farm Phase 2 will include commercial amenities as well, adding to the
walkability of both the existing neighborhoods and this proposed subdivision.
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
The proposed development is located adjacent to a linear park the runs north-south adjacent to El
Dorado Street (the park which will be extended south with this subdivision). With the Urban +
Farm Phase 2 this north-south oriented trail system will connect all the way to Huffine Lane
from West Babcock St. In addition, the subject property is located approximately 0.1 mile from
Norton East Park which provides passive recreation opportunities.
Currently the closest commercial opportunities are approximately ½ mile away. There are
currently fewer commercial opportunities for future residents to walk to at this time, however
future development of Urban + Farm Phase 2 on a 86 acre parcel immediately south of Phase 1
will see additional commercial services for the residents of the proposed subdivision.
The proposed development is roughly 0.5 miles to a commercial node within Ferguson Farm
which has a variety of retail and service options. While this commercial node does have
predominately auto retail users, there are some services that residents may chose to walk to and
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will support a walkable neighborhood. In addition, the larger adjacent undeveloped property has
a combination of REMU and B-2M zoning district which Urban + Farm Phase 2 has proposed a
mix of commercial and residential users. There are a variety of park opportunities within a 10
minute walk from the proposed development which include: Norton Ranch, Norton East Park,
and Adam Bronken Park. The proposed park will connect the existing Norton Ranch Park to a
proposed park directly south resulting in a continuous parkland experience and recreation trail
network. The Streamline Purple Line has a stop on Cottonwood Rd and Fallon St Rd. which is
roughly 0.5 miles away from the proposed development.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
This is a preliminary plat application by the applicant, Cushing Terrell, 411 E Main Street #101,
Bozeman, MT 59715, representing the property owner Laurel Parkway, LLC, PO Box 161236,
Big Sky, MT 59716.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the public
comment period and City Commission public hearing per BMC 38.220.420. The City scheduled
public notice for this application on February 3, 2023 for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Sunday, February 5 and Sunday, February 12, 2023.
The applicant posted public notice on the subject property on or by February 5, 2023. The
Applicant sent public notice to physically adjacent landowners via certified mail, and to all other
landowners of record within 200-feet of the subject property via first class mail, on February 3,
2023.
No public comment was received during the public comment period.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Laurel Parkway, LLC (Mike Magrans), PO Box 161236, Big Sky, MT 59716
Applicant: Cushing Terrell, 411 E Main Street #101, Bozeman, MT 59715
Representative: Cushing Terrell, 411 E Main Street #101, Bozeman, MT 59715
Report By: Lynn Hyde, Development Review Planner
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FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
Urban + Farm Phase 1 Application Materials – Available through the Laserfiche archive as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT
59715. This project can be viewed on the Community Development Viewer interactive map directly with this link:
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