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Findings of Fact for the Nexus Point Major Subdivision Preliminary Plat;
Application No. 22246
Public Meeting/Hearing Dates:
City Commission Findings of Fact and Order hearing on this Preliminary Plat will be
held Tuesday, April 4, 2022 at 6:00 pm.
Project Description: A major subdivision preliminary plat application to divide 20 acres into 3
Blocks and 11 lots consisting of 3 multi-family residential lots, 2 office building lots, 1
residential clubhouse lot, 3 common open space lots, and 2 public park lots on land zoned
R-5, Residential Mixed Use High-Density and R-O, Residential-Office Districts.
This 20-acre Site has an approved two-phase Master Site Plan for this 240-dwelling unit
apartment complex, Project No. 19262, and has an approved Site Plan for a Phase I
development, Project 19263, building several apartment buildings, two office buildings,
and a clubhouse facility (see Exhibit 5). The Phase I development of this preliminary plat
land is under construction. The Applicant for the Nexus Point project is Nexus Point, LLC.
We note that there is a similar 26-acre, 457 dwelling unit multi-family apartment complex
proposed for the abutting property to the south, zoned R-4. That project, called 2131 Graf
Street proposed by the Graf Apartments LLC group, also has an approved Master Site Plan
and Phase I Site Plan, Project No.19309 and 19308. That Applicant is seeking to divide
that 26-acre parcel into 2 Blocks and 5 lots, which represents a minor subdivision, Project
No. 22188. Minor subdivision preliminary plats are not reviewed by the Planning Board.
Legal Description: A Tract of land being Lot 1 of Minor Subdivision 235B, situated in the
Northeast ¼ and the Southeast ¼ of Section 24, Township 2 South, Range 5 East, P.M.M.,
City of Bozeman, Gallatin County, Montana.
Project Location: The property is addressed as 3747 S. 19th Avenue, Bozeman, MT, and is
located at the southwest corner of Arnold Street and S. 19th Avenue, between Stucky and
Graf streets.
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Community Development Board, acting as the Planning Board, Motion on December 5,
2022: 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 22246 and move to recommend approval of the Nexus Point Major Subdivision
Preliminary Plat with conditions and subject to all applicable code provision. This Motion
passed unanimously by a vote of 5 to 0.
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Commission Motion on December 20, 2022: Having reviewed and considered the application
materials, public comment, Planning Board recommendation, and all the information
presented, I hereby adopt the findings presented in the staff report for application 22246
and approve the Nexus Point Major Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions. This Motion passed unanimously by a vote of 4
to 0.
Report Date: March 21, 2023
Staff Contact: Susana Montana, Senior Planner
Suzanne Ryan, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received as
of the writing of this report. Should written public comments be received they will be included in
the City’s Laserfiche archive and available to the public with a November or December date.
Unresolved Issues.
There are no unresolved issues with this application other than the four staff-recommended
conditions of approval noted in Section 3 below found on page 9 and identified code provision
requirements on page 10.
Project Summary
The Department of Community Development received a Preliminary Plat application on July 22,
2022 requesting to subdivide the 20-acre subject parcel (“Site”) into 3 Blocks and 11 lots
consisting of 3 multi-family lots, 2 office building lots, 3 common open space lots, 1 residential
clubhouse lot, and 2 public park lots. The park lots are on Block 2, Park Lot No. 1 which is the
1.258-acre northern half of the new Lantern Park, as well as a narrow “linear park” on Block 3,
Park No. 2 Lot along the western edge of the Site.
Two common open space lots along the eastern edge of the Site encompass the East Catron Creek
tributary wetlands area: Block 1, Lot 3 and Block 2, Lot 1. These lots have a deed restriction
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prohibiting structures and also have a public park easement recorded thereon. A third common
open space on Block 3, Lot 2 serves as a detention pond.
The Site has an approved Master Site Plan and an approved Phase I Site Plan which is currently
under construction on the single 20-acre parcel. Full build-out of the 2-phase development would
provide 240 dwelling units in several apartment buildings as well as two 11,000 square foot (sf)
two-story office buildings, a 9,900 sf two-story residential clubhouse, 3 common open space areas
including 2 wetland areas, a 1.258-acre Lantern Park and a 0.469-acre linear public park. Phase 2
would consist of multi-family buildings.
The property will have access from S. 19th Avenue and from Graf Street. The western ~7 acres of
the Site is zoned R-5 and the remaining area is zoned R-O. All residential units within the
development would be rental.
On November 18, 2022, the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the conditions and code provisions identified in
this report.
The 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 January 17, 2023, which is 60 days
after the November 18, 2022 date this application was deemed adequate/sufficient for continued
review. Pursuant to BMC 38.240.140.A.2, the Community Development Board, acting in their
capacity as the Planning Board, considered compliance of the application with the City’s
Community Plan growth policy on December 5, 2022. The City Commission considered all
materials related to this application, including the recommendations of the DRC and the Planning
Board, the staff report findings and any public comment and on December 20, 2022 approved the
Preliminary Plat with the recommended conditions and applicable code provisions.
Planning Board
The Community Development Board in their capacity as the Planning Board considered this
subdivision at their December 5, 2022, public meeting. No public comment was received. The
Board unanimously recommended approval of the subdivision consistent with the staff report by
a vote of 5 to 0. The video of the meeting is available on the City’s website.
City Commission
The City Commission held a public hearing on this application on December 20, 2022. After
consideration of the application, staff analysis, public comment, and presentations, the City
Commission unanimously approved the subdivision preliminary plat on their consent agenda by a
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vote of 4 to 0. The video of the meeting is available on the City’s website at
https://bozeman.granicus.com/player/clip/1931?view_id=1&redirect=true&h=a031971d0f5a856f
db1ca2d4cfabae5f
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Recommend denial of the application based on the Board’s findings of non-compliance
with the applicable criteria contained within the staff report; or
4. With the Applicant’s consent, continue the public meeting on the application, with
specific direction to staff or the subdivider to supply additional information or to address
specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Planning Board.................................................................................................................... 3
City Commission ................................................................................................................ 3
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE PROVISIONS ........................................................................................... 10
SECTION 5 – RECOMMENDATIONS AND FUTURE ACTIONS ......................................... 10
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 11
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 11
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 20
APPENDIX B –NOTICING AND PUBLIC COMMENT .......................................................... 23
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 24
FISCAL EFFECTS ....................................................................................................................... 24
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
County land
Site
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Exhibit 2 – Community Plan 2020 Future Land Use
Site
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Exhibit 3 – 3 Blocks and 11 Lots Preliminary Plat: red dots indicate lots
Exhibit 4 – Approved Master Site Plan for the Nexus Point development
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Exhibit 5 – Approved Phase 1 Site Plan for the Nexus Point development (under construction)
Exhibit 6: Proposed Phase II Site Plan under review
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Exhibit 7 – Overall Lantern Park Plan: North side within the Nexus Point development and the
south side within the Graf Apartments development
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. Parkland Requirements.
(a) A preconstruction meeting with the Park Division is required prior to any site work.
Applicants to provide most recent park plans and request meeting at least 30 days prior to
commencement of parkland construction;
(b) All park wells, irrigation infrastructure, and water rights will be transferred to and
owned by the City of Bozeman;
(c) Easements for trails within open space parcels must include agreement to utilize city-
wide wayfinding and allow parks staff to install and/or repair wayfinding; and
Nexus Point
Graf Street
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(d) Private utilities are not allowed within parkland.
2. The subject property is located within the Meadow Creek Subdivision Signal, Meadow
Creek Subdivision Water, and Meadow Creek Subdivision Sewer payback district
boundary. If the subject property did not participate in the original cost of construction of
improvements the subject property will be accessed a payback charge prior to Final Plat.
If the subject property has paid the payback cost please provide documentation.
3. 38.410.060. D. East Catron Creek conveys irrigation water in addition to spring feed
components, as such, BMC 38.410.060.D applies. Prior to final plat approval, the
developer must establish an agricultural water user facility easement pursuant to Sec.
38.410.060.D.1 for the portion East Catron Creek crossing the subject property.
4. The Final Plat submittal shall provide draft bylaws, covenants, conditions and restrictions
(CC&R) documents for City review and approval. The documents shall describe how a
property owners’ association (POA) will maintain the common open space lots and other
common areas of the subdivision.
SECTION 4 – CODE PROVISIONS
1. Sec. 38.100.080 – Compliance with regulations required. The final plat must comply
with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2. Sec. 38.100.080. 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.
3. Sec. 38.220.040.B.4. The Applicant has not provided information regarding the
stormwater pond at the NW corner of the site (Block3, Lot 2). Both the surface water and
stormwater supplements need to identify and provide design and maintenance details on
this feature. A public drainage easement must be provided for the pond prior to final plat
approval and the POA/HOA needs to maintain the facility. Prior to final plat approval, the
Applicant shall provide an exhibit with the stormwater maintenance plan identifying all the
stormwater features that the HOA/POA needs to maintain and have that included in the
POA/HOA CCRs. The Applicant shall provide documents to maintain open space and
stormwater features within the subdivision.
4. Sec. 38.270.030. The Applicant is advised that all common subdivision infrastructure
including roads, water, sanitary sewer, stormwater, sidewalk and lighting must be complete
and accepted before final plat approval.
SECTION 5 – RECOMMENDATIONS AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on November 18, 2022.
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The Community Development/Planning Board public meeting was held on Monday, December 5,
2022 at 6:00 pm at the City Commission Hearing Room in City Hall. A WebEx link was provided
with the Board agenda.
The City Commission public hearing was held Tuesday, December 20, 2022 at 6:00 PM at the
City Commission Hearing Room in City Hall. A WebEx link was provided with the City
Commission agenda.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively, this information is the record of the review. The analysis in this report
is a summary of the completed review. Due to the presence of an adopted Master Site Plan for this
proposed subdivision wherein many of the plat parameters have been evaluated, the following plat
supplemental information waivers were granted during the subdivision pre-application review:
Floodplains, geology/slopes, vegetation, wildlife, agriculture, land use, lighting plan, and
affordable housing.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. Per Code Provision No. 1, 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 (BMC). Per Code Provision No. 2, 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 BMC or State law. Sections 3 and 4
above 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.
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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 as the Planning Board, held a public
meeting on this proposal on December 5, 2022. Both that Board meeting and a December 20,
2022 City Commission public hearing were properly noticed in accordance with the Bozeman
Municipal Code (BMC). Based on the recommendation of the Development Review Committee
(DRC) and other applicable review agencies, as well as any public testimony received on the
matter, the City Commission made the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-604 MCA as
authorized in 38.240.100 which requires City review and determination within 60-days of a
complete/adequate application.
The Department of Community Development received a preliminary plat application on July 22,
2022. On August 19, 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 September
1, 2022. On November 18, 2022, the DRC determined the application was adequate for continued
review and recommended conditions of approval and code corrections for this staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Tuesday, November 1, 2022 for postings on Sundays,
November 6 and 13, 2022. The Applicant posted public notice on the subject property on Friday,
November 4, 2022. The Applicant sent public notice to landowners of record within 200-feet of
the subject property via certified mail and to buyers under contract to purchase subdivision lots,
on November 2, 2022. No public comment had been received on this application as of the writing
of this report.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the Planning Board and City
Commission to complete the application processing for final plat approval. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the Design Standards and Specifications Policy
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
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BMC 38.220.060. Compliance with adopted standards.
38.220.060. A.1 – Surface water. The subdivision includes portions of an unnamed tributary of
East Catron Creek which flows north-south on the east side of the Site and is shown as Block 1,
Lot 3 and Block 2, Lot 1 on this Preliminary Plat. These lots contain known wetlands and
watercourses on the east side of the property. There is a 50-foot wetland setback shown on the plat.
A deed restriction, Document 2449987, on the wetland area has been recorded on the land
stipulating, among other things, that neither structures nor fill be placed within the subject areas.
This area does not have a FEMA-delineated floodplain. The necessary wetland permits have been
approved and all required permitting was done prior to construction, which has been completed.
All construction remained outside of the setback. Construction through East Catron Creek
previously took place. However, the creek was restored to adequate and previous conditions. East
Catron Creek is delineated on the preliminary plat. The planting plan meets standards. Per
Condition of Approval No. 3, the portion of East Catron Creek passing through the Plat will
continue to convey agricultural irrigation water through the Plat.
38.220.060. A.2 – Floodplains. This area does not have a FEMA floodplain delineation, and
wetland permits have been approved and were submitted with this application.
38.220.060. A.3 – Groundwater. Investigation of groundwater conditions at the site began in May
of 2019 and went through June of 2020. Included in the application submittal was the groundwater
depth summary logs. This subdivision will avoid groundwater degradation through the utilization
of City sewer and water mains as well as stormwater control measures in accordance with the City
of Bozeman design standards. The groundwater recharge areas (opens space and stormwater
retention ponds) will avoid being degraded through maintenance provided by the Owner’s
Association or property owner(s). Only one groundwater exemption of 10 acre-feet is allowed.
The Montana DNRC Water Resources Division was contacted regarding this project and their
feedback was provided in the application.
38.220.060. A.4 - Geology, Soils and Slopes. [This information was waived due to Master Site
Plan approval, Project 19263.]
38.220.060. A.5 – Vegetation. [This information was waived due to Master Site Plan approval.]
38.220.060. A.6 – Wildlife. [This information was waived due to Master Site Plan approval.]
38.220.060. A.7 – Agriculture. [This information was waived due to Master Site Plan approval.]
38.220.060. A.8 - Agricultural water user facility. East Catron Creek conveys irrigation water in
addition to a spring fed component and, as such, BMC 38.410.060.D applies. Per Condition of
Approval No. 3, prior to final plat approval, the developer must establish an agricultural water user
facility easement pursuant to Sec. 38.410.060.D.1 for the portion East Catron Creek crossing the
subject property.
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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.
The City of Bozeman approved the infrastructure plans for water service for this subdivision and
its Master Site Plan and Phase I Site Plan and provided a letter indicating that adequate capacity
exists within the City system to serve the proposed subdivision. The water and sewer infrastructure
were completed in 2020 per the approved infrastructure plans. New water and sewer infrastructure
is already installed on the site to serve the future development’s residents. As-built drawings were
submitted to the City and approved. The sewer main was connected to the existing City of
Bozeman system on South 19th Avenue. The water main was connected to the existing City of
Bozeman system at the existing stub of Lantern drive and provided future connection at the
intersection of Lantern Drive and South 21st Avenue.
Water rights. Per Code Provision No. 2, Cash-in-Lieu of Water Rights will be paid prior to final
plat approval.
Sanitary sewer service. A proposed 8-inch sanitary sewer collection system would
adequately serve the effluent generated by this subdivision.
38.220.060. A.10 - Stormwater Management. The City of Bozeman approved the
infrastructure plans for stormwater, and the stormwater infrastructure was installed in 2020. The
previously submitted and approved stormwater report was included in this Preliminary Plat (PP)
submittal. The subdivision will not significantly impact stormwater infrastructure.
38.220.060. A.11 - Streets, Roads and Alleys. The circulation and access features were
approved by the City Engineer as part of the Master Site Plan.
The City of Bozeman has approved the infrastructure plans for streets, roads, and alleys. Roadway
easements were dedicated with the Site Plan application and the roadways were constructed in
2020. An extension of existing Lantern Drive ties into proposed South 21st Avenue. South 21st
Avenue connects to the proposed Arnold Street extension. Arnold Street connects existing
Discovery Drive to existing South 19th Avenue. The local public roadway extensions maintained
a 60 foot right-of-way (ROW) and were installed per City of Bozeman and MDEQ roadway
standards. Upon acceptance of Lantern Drive, South 21st Avenue, and Arnold Street these roads
will be maintained by the City of Bozeman. Included in the submittal was the roadway sheets from
the approved infrastructure improvements set. All construction activities in the area were required
to have adequate dust control and erosion control practices in place during construction. All
interior roadways were constructed by the developer and maintained through construction.
A traffic impact study was performed by Marvin & Associates for Nexus Point and Graf Street
Subdivision and was included in this submittal.
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The subdivision has several different pedestrian pathways including a 10 foot wide public concrete
sidewalk running north-south located on the West end of the Site. An 8 foot wide gravel trail
running North-South located on East end of the site connects to Lantern Drive, Lantern Park and
then to the existing sidewalk located along South 19th Avenue.
No individual lots or tracts have access directly to arterial streets or roads. Discovery Drive was
modified for the intersection of proposed Arnold Street on the west end of the Site. Arnold Street
intersects with the widening of South 19th Avenue on the east end of the site. Lantern Drive was
extended to intersect with the proposed South 21st Avenue.
There are no proposed alleys located within the subdivision. Adequate dust control and erosion
control practices were maintained during construction. The public roads South 21st Avenue,
Arnold Street, and the Lantern Drive extension are dedicated to the City and will be maintained
by the City. Interior drive lanes beyond the ROW will be maintained by the Owner’s association.
The following narratives describe a summary of levels-of-service (LOS) values at three individual
intersections that were addressed in the Traffic Impact Study (TIS) dated December 3, 2019.
Capacity analysis was completed for three time periods: existing conditions, existing plus site
traffic conditions, and future conditions. A complete summary of the capacity measures of
efficiency can be found in Tables 1, 3, and 4 of the TIS report. The table below reports the LOS
for the three intersections of concern.
It can be seen that the overall LOS for each intersection would operate at LOS “C” or better in
each condition. The eastbound approach on Arnold Street would operate at LOS “F” for future
traffic projections, but the overall operation of traffic on S 19th Avenue would operate with free-
flow movements. Since the Highway Capacity Manual does not have an accepted method to
calculate overall LOS for two-way stop intersections, the overall LOS at this intersection can only
be speculated to be LOS “B” based on the fact that the vast majority of traffic entering the
intersection has no delay.
Parking Conditions
Each lot will have the required parking which is deemed adequate to serve the development. The
Nexus Point Site Plan for Phase I has already been approved and constructed to accommodate the
number of future residences. Phase II will include parking that meets the City of Bozeman Unified
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Development Code (UDC). On-street parking is also an option on the local roads of Arnold, South
21st Avenue and Lantern Drive.
Walkability, Transit and Bike-ability
The City of Bozeman requires street frontage sidewalk to be installed with each phase. Sidewalks
have been installed along the West side of South 19th, the North side of Arnold Street and the East
side of South 21st Avenue. This gives pedestrians easy access for walking to nearby parks,
including the north half of the new Lantern Park which was previously completed by this
Applicant. An 8 foot wide concrete trail runs along the West edge of the development traveling
North and South connecting to Lantern and Arnold streets.
The private and proprietary algorithm provided by Walk Score.com rates this Site’s “walk score”
as “12” which denotes the Site as “car dependent”. The transit score is “10” which denotes that
the Site has “minimal transit service”. There is a bus stop two blocks north of the Site but no
Streamline bus service south of Kagy Blvd. The bike score was rated at “52” which denotes that
there is “some bike infrastructure”. These scores are expected to improve when this area is built
out with more housing. By comparison, the City of Bozeman was given an overall rating of “42”
out of 100. Although Community Plan policies encourage walkability and transit- and bike-ability
resources with new development, there is currently no municipal code requiring such resources or
facilities with subdivision applications. Site plan applications for developments within the
subdivision require pathways, sidewalks and bike parking facilities.
38.220.060. A.12 – Non-Municipal Utilities. These utilities were approved by the City
Engineer as part of the Master Site Plan. Northwest Energy has already installed utilities for the
current buildings and stubs for future buildings. Responses from Northwest Energy were
included in this submittal.
38.220.060. A.13 - Land Use. [This information was waived due to Master Site Plan approval.]
38.220.060. A.14 - Parks and Recreation Facilities. A 2.4 acre neighborhood Lantern
Park will be constructed by partnering with the Graf Street apartment development to the south.
There are recreation pathways that surround the entire park. Park frontage requirements are met
along S.19th Avenue and S.21st Avenue. Amenities include a playground, climbing structure,
bicycle racks, workout equipment, pavilions, seating, and a dog park.
For the residential use of the Site, 3.77 acres of parkland is required. The Applicant will provide
1.2 acres of land (about half the park size) which will be built by this Applicant. Improvements to
the north half of Lantern Park will be provided by the Applicant as “improvements in lieu” of the
remaining 2 plus acres of required parkland. These improvements have a value of $201,499. For
the Master Site Plan, the parks master plan was approved by City Commission on October 15,
2020.
Per Condition of Approval No. 1, a preconstruction meeting with the Parks and Recreation
Department is required prior to any site work. Applicants will provide the most recent park plans
at least 30 days prior to commencement of parkland construction. All park wells, irrigation
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infrastructure, and water rights will be transferred to and owned by the City of Bozeman. Private
utilities are not allowed within parkland.
38.220.060. A.15 - Neighborhood Center Plan. The Block 2, Lot 4 clubhouse and the Block 2,
Park Lot 1 park represent the Neighborhood Center for this development, meeting the standards
of 38.410.020.
38.220.060. A.16 - Lighting Plan. [This information was waived due to Master Site Plan
approval.]
38.220.060. A.17 – Miscellaneous. Easements. All utility easements will be provided on the
final plat. Easements for trails within open space parcels must include agreement to utilize city-
wide wayfinding and allow parks staff to install and/or repair wayfinding per Condition of
Approval No. 1(c).
38.220.060. A.18 - Affordable Housing. The 240 dwelling units are market-rate rental units.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
Pursuant to BMC Code Provision 2, the final plat will provide and depict all necessary utilities and
required utility easements. The BMC 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 to be 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
proposed lots will have frontage on public streets constructed to City standards with lot frontage
meeting minimum standards shown on the preliminary plat.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties,
and a review of the preliminary plat described in these findings of fact was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, 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 December 20, 2022 at which time the Department of Community Development
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Staff reviewed the project, submitted and summarized recommended conditions of approval, and
summarized the public comment submitted to the City prior to the public hearing.
D. The Applicant acknowledged understanding and agreement with the recommended
conditions of approval, code provisions.
E. The City Commission requested public comment at the public hearing on December 20,
2022 and no one sought to offer comment.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After receiving
the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and
considering all matters of record presented with the application and during the public comment
period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary
plat would comply with the requirements of the Bozeman Municipal Code if certain conditions
were imposed. Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the correction of
any elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body review,
public testimony, and this report, justify the conditions imposed on this development to ensure that
the final site plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant an extension to its approval for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
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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 on its western
side and R-O, Residential-Office District on its eastern side.
Adopted Growth Policy Designation/Future Land Use Designation: Urban Neighborhood.
The Table below of the Bozeman Community Plan 2020 shows the correlation between future
land use map designations and implementing zoning districts. Both the R-5 and R-O zoning
designations implement the Site’s Urban Neighborhood designation.
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A large area surrounding the Site is designated Urban Neighborhood. This category primarily
includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of
any single type of housing are discouraged. In limited instances, an area may develop at a lower
gross density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and
some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots
that will support apartment buildings in an area that is developing as a mixed use, multi-household
neighborhood. The multi-household lots will support construction of rental housing which is
contemplated throughout the Bozeman Community Plan 2020.
This neighborhood is emerging and is not yet fully developed with neighborhood-serving
businesses, transit service or parks. The development will have its own recreational and social
clubhouse to foster/facilitate neighbors interacting. This serves as its own neighborhood center.
Two office buildings within the Site would be able to accommodate neighborhood-serving
businesses.
The growth policy encourages development to be walkable: Goal N-1: Support well-planned,
walkable neighborhoods. The Community Plan’s Glossary (Appendix F) describes what they
mean by neighborhoods as:
“Neighborhood. A walkable area of Bozeman with a distinct character that may have some
boundaries defined by physical barriers, such as major roads or railroads or by natural features,
Site
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such as watercourses or topography. A neighborhood includes both geographic (place-oriented)
and social (people oriented) components and is often characterized by residents sharing common
amenities such as an elementary school, park, shops, community center or other similar elements.
As a distinct and identified area, often with its own name, neighborhoods are recognized as
fostering community spirit and a sense of place, factors recognized as important in community
planning.”
The Plan’s Glossary defines “Walkable” 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.”
The Site and area are still developing as a neighborhood and a walkable neighborhood. However,
with the companion 2131 Graf Street development immediately south of the Nexus Point
development, both feature trails, the wetlands nature area, a City Park, a clubhouse for residents,
and a density that encourages residents interactions within these amenities. The additional density
will provide customers for emerging businesses and ridership for transit to the area.
The proposed development provides its own 1.2 acre City Park , a 0.469 acre linear park, as well
as nearly 3 acres of common open space wetlands. The 1.2 acre City Park at the southeast corner
of the Site is matched by a similar 1.2 acre City Park at a similar apartment complex development
abutting the Site to the south named “2131 Graf Street” apartment development which is also
proposed as a 5-lot Minor Subdivision, Project 22188. There is a 9 acre City Park immediately to
the west of the Site called “City Park 2” which is provided by the South University District Phase
3 development.
Morning Star Elementary School is located less than a mile to the east of the Site and Montana
State University is located northeast of the Site.
The proposed subdivision meets or positively addresses the following Bozeman Community Plan
2020 goals and policies:
N-1.1 Promote housing diversity.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
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N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities
that can be sustained over time. Maintain standards for placement of community focal points and
services within new development.
N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog
owners.
DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or
redevelopment, including evaluating possible development incentives.
DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility plans
for development at urban intensity.
DCD-2.1 Coordinate infrastructure development, land use development, and other City actions
and priorities through community planning.
DCD-2.2 Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity
to one another.
Goal EPO-2: Work to ensure that development is responsive to natural features.
EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent
trails, and amenities encouraging people to access them.
EPO-2.2 Work with the U.S. Army Corps of Engineers to keep wetlands mitigation within the
Gallatin Valley rather than locating to other watersheds.
EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors.
APPENDIX B –NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the close of the public comment
period/City Commission public hearing, per BMC 38.220.420. The City scheduled public notice
for this application in the legal advertisements section of the Bozeman Daily Chronicle published
on Sunday, November 6 and Sunday, November 13, 2022. The Applicant posted public notice on
the subject property on November 6, 2022. The City 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 November 3, 2022.
No public comment has been received by the time this report was compiled on March 21, 2023.
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APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner: Nexus Point LLC, c/o Steve Moore, 3661 Jagar Lane, Bozeman, MT 59718
Applicant Representative: Madison Engineering, c/o Erik Ringsak, 895 Technology Blvd.
Suite 203, Bozeman, MT 59718
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 deliver municipal services to the property.
The full application and file of record can be viewed digitally on the Community Development
Viewer interactive map directly with this link:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=263190&dbid=0&repo=BOZEMAN.
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