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22310 City Commission Findings of Fact and Order for theMayfly
Townhomes Subdivision
Public Meeting/Hearing Dates:
Planning Board meeting - Monday, August 7, 2023 at 6:00 pm.
City Commission meeting -Tuesday, August 22, 2023 at 6:00 pm
Project Description: A preliminary plat requesting to subdivide four large lots into a 46 lot
major subdivision for townhomes and two-household dwellings (duplexes) in Norton
East Ranch Phase 4. The subdivision proposes to create 62 homes comprised of 30
townhome units and 32 duplex units, as well as four open space parcels to facilitate
pedestrian access and lot frontage.
Project Location: The property is described as Lots 1-4 of Block 11, Norton Ranch East
Subdivision Phase 4, located northeast of the corner of Fallon Street and South Laurel
Parkway.
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 staff report for application 22310 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: September 7, 2023
Staff Contact: Danielle Garber, Associate Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
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Project Summary
The Department of Community Development received a Preliminary Plat Application on
September 23, 2022 requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two-
household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Archer
(formerly Betty) Lane, Seed (formerly Gray) Way, and Nye Place. The site is currently
subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each
existing lot is about 1.375 acres and was originally subdivided to develop as multi-household
residential. Each of the named alleys will provide vehicular access to the site from these existing
streets: Fallon Street, South Laurel Parkway, Mayfly Street, and Pond Lily Drive. Pedestrian
access and frontage for some of the proposed lots will be via two north-south sidewalks proposed
to run through the 4 open space lots, as well as direct frontage on the existing surrounding public
streets. The property is currently wholly surrounded by existing subdivided, zoned, and
developed or developing land within City Limits. The property was previously subdivided under
Norton Ranch East Phase 4. That plat was recorded on April 22, 2020. The property is zoned R-
4.
On June 30, 2023 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.
This subdivision review is subject to 76-3-616 Montana Code Annotated (MCA). The final
decision for this preliminary plat must be made by September 26, 2023.
Community Development Board and City Commission Meetings
The Community Development Board acting in their capacity as the Planning Board considered
compliance of the application with the growth policy on August 7, 2023 at 6:00 pm. The video of
the meeting is available in the City’s Streaming Video Archive. No public comment was
received. The board recommended approval of the application on a vote of 7-0 with Board
member Delmue providing support for the application as it pertains to the growth policy’s goals
for housing stock diversity and missing middle housing.
The City Commission held a public meeting to consider the application for approval on August
22, 2023 at 6:00 pm. The video of the meeting is available on the City’s Streaming Video
Archive. City Manager Mihelich highlighted the application as item F.3 on the consent agenda,
citing the need for townhomes within city limits and the need for missing middle housing. No
public comment was received. The motion to approve consent items F.1 through F.13 passed 4-0.
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Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 2
Community Development Board and City Commission Meetings .................................... 2
Alternatives ......................................................................................................................... 3
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 – CODE REQUIREMENTS ...................................................................................... 7
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 9
SECTION 6 – STAFF ANALYSIS and findings ........................................................................... 9
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10
38.220.060 Documentation of compliance with adopted standards ................................. 13
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 18
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
FISCAL EFFECTS ....................................................................................................................... 20
ATTACHMENTS ......................................................................................................................... 21
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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 – Preliminary Plat
Exhibit 4 – 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. The final plat must conform to the standards of the Montana Subdivision and Platting Act
and Bozeman Municipal Code.
2. 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 form for the following:
a. Street improvements to South Laurel Parkway from Vaughn Drive to Huffine
Lane.
b. Street improvements to Fallon Street from North Cottonwood Road to South
Eldorado Avenue.
c. Intersection improvements at South Cottonwood Road and West Babcock Street.
d. Intersection improvements at Fallon Street and South Cottonwood Road.
e. Intersection improvements at South Laurel Parkway and West Babcock Street.
f. Intersection improvements at Fallon Street and South Laurel Parkway.
g. Intersection improvements at South Laurel Parkway and Huffine Lane.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the filed SID waiver 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. 38.410.060. - 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.
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c. The applicant must provide a ten-foot wide drain tile maintenance easement along
the drain tile alignment on the subject property prior to final plat approval.
d. Public access easements are required for the two north-south pedestrian walks
proposed to mitigate block length and facilitate frontage for interior lots.
e. 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.
3. Sec. 38.410.130 - Water adequacy. Compliance with the water adequacy code section
must be achieved prior to final plat approval. The Cash-in-lieu of water rights (CILWR)
fee for the project must be finalized and paid prior final plat approval. As the open space
lots are proposed to be irrigated using an exempt groundwater well, the CILWR fee can
be finalized until a determination is provided from the DNRC confirming the allowance
of the well.
4. Sec. 38.400.070 - Subdivision lighting special improvement lighting district (SILD).
SILD information must 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 must be granted prior to final plat approval.
5. Sec. 38.240.410 through 38.240.540. Plat certificates. The language contained in the
certificates on the plat must follow the language in the corresponding certificates.
a. The Director of Public Works no longer exists, the applicable plat certificates will
need to be updated to Director of Transportation and Engineering with final plat.
b. The dedication block lists parks and playgrounds that this subdivision is not
providing. These must be removed from the dedication for final plat.
c. The Certificate Accepting Cash Donation In-Lieu of Land Dedication must be
added to the final plat.
6. DSSP Sections IV.H and IV.J. Mid-block crosswalks with proper lighting, pedestrian
ramps, and striping shall be installed at all locations where pathways will cross the
adjacent streets prior to final plat approval.
7. Sec. 38.270.070 Traffic impacts. The applicant has indicated in the traffic impact study
(TIS) that the Fallon Street and Cottonwood Road intersection will fall below the level of
service standards defined in BMC 38.400.060 and the intersection will require
improvements. These improvements are scheduled within three years in the City's Capital
Improvements Plan (Project A & C012) 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 improvements' costs.
8. DSSP Section V.D. The applicant must provide adequate water and sewer easement
around the fire hydrant so that the hydrant is no less than nine feet from the easement
boundary. The applicant must label the easement on the plat and provide the easement
dedication prior to final plat approval.
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9. Sec. 38.420.030 Cash donation-in-lieu of land dedication. The applicant must update
the parkland tracking table to reflect the appraisal value in effect at the time of final plat
application.
10. Sec. 38.220.070 Final plat notations. Among others the final plat must contain the
following notations on the conditions of approval sheet.
d. 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.
e. Homes on corner lots shall have the same orientation as homes on the interior of
the block. Lots fronting open space shall have building fronts facing the open
space per Sec. 38.410.030.
f. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2
Improvements and securities. The length of time for improvements agreements
for public sidewalks must not exceed one year from the date of final plat approval
11. Sec. 38.220.300 and 310 Property owners’ association. Property owners’ association
(POA) documents including covenants must be provided with the final plat prior to being
finalized and recorded. The POA documents must include the requirements of BMC
38.220.300, 310, and 320 where applicable.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on June 30, 2023.
Planning Board meeting was held Monday, August 7, 2023 at 6:00 pm at 121 N Rouse in the
City Commission chambers. The board voted 7-0 to recommend approval of the application.
City Commission meeting was held Tuesday, August 22, 2023 at 6:00 pm at 121 N Rouse in the
City Commission chambers. The City Commission voted 4-0 to approve the application.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
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review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meeting were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on
September 23, 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 November 30, 2022.
A revised application was received on January 3, 2023. The DRC found that the revised
information was still not sufficient for continued review on January 31, 2023.
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A revised application was received on February 14, 2023. The DRC found that the revised
information was still not sufficient for continued review on March 14, 2023.
A revised application was received June 6, 2023. The DRC determined the application was
adequate for continued review on June 30, 2023 with recommended conditions of approval and
code corrections.
The City scheduled public notice for this application to begin on Monday, July 17, 2023. The
applicant sent public notice to adjacent landowners of record within 200-feet of the subject
property via first class mail and posted two notice boards on the site on July 14, 2023. No public
comment had been received on this application as of the writing of this report.
July 31, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
The Community Development Board acting in their capacity as the Planning Board considered
compliance of the application with the growth policy on August 7, 2023 at 6:00 pm. No public
comment was received. The board recommended approval of the application on a vote of 7-0, and
provided comments supporting staff findings that the applications furthers the goals of the 2020
Community Plan, specifically those related to attached and “missing middle” housing.
The City Commission held a public meeting to consider the application for approval on August
22, 2023 at 6:00 pm.. City Manager Mihelich highlighted the application as item F.3 on the consent
agenda, citing the need for townhomes within city limits and the need for missing middle housing.
No public comment was received. The motion to approve consent items F.1 through F.13 passed
4-0.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer – Water capacity exists to serve the subdivision. The proposed water system will tie
into existing mains installed during different phases of the North East Ranch Subdivision. The
water system will be looped into the City system via extensions through the alley right of ways.
Waste water is proposed to flow north and west down the proposed alleys to tie into existing
sanitary sewer infrastructure in South Laurel Parkway. Peak sewer flow rates and designs were
reviewed by the Engineering Division to ensure adequate capacity and design compliance.
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Easements – The applicant is required to provide all necessary public and private easements on
City standard easement templates with the final plat application to facilitate services to and
through the subdivision. These include easements for ten-foot private utility easements along the
front of each lot, a 10-foot wide drain tile easement, and public access easements along the two
north-south pedestrian walks.
Parks – A developed park sits directly across May Fly Street to the north of the proposed
subdivision. Parcels along the north edge of the subdivision will have front doors facing this
park. The subject property is also within ¼ mile of 4 other public parks in the Norton Ranch
neighborhood. With the Phase 4 plat of Norton Ranch Subdivision 1.31 acres of parkland
remains allocated for the subject property (Block 11). The total parkland obligation for the
development is 1.51 acres. Cash-in-Lieu of parkland is proposed to meet the additional
dedication of 0.20 acres, this is estimated at $19,740.02. A final valuation will be required at the
time of final plat prior to payment of the required cash-in-lieu. Parks planners reviewed the CIL
proposal and found it to be consistent with Resolution 4784.
Stormwater – The subdivision will construct stormwater facilities to conform to municipal code.
Stormwater runoff is proposed to be collected by the proposed alleys and conveyed to existing
storm drain inlets and one new inlet on Pond Lily Drive via the surrounding curb and gutter
system. The runoff will move through storm sewer system pipes to the existing detention ponds
constructed with the first phase of Norton Ranch Subdivision. Phase 4 of Norton Ranch
expanded the size of the ponds to receive runoff from the subject property, an additional
expansion with this development is proposed to match required stormwater capacity with known
development. Peak runoff rates were provided by the applicant and reviewed by the Engineering
Division to ensure capacity in the existing detention basins.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified. Proposed street names and addresses have
been reviewed by the Fire Department, GIS, and the 911 center.
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. 2 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 alley right of way.
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 a greenway corridor constructed to City
standards with lot frontage meeting minimum standards shown on the preliminary plat. Four
named alleys are proposed to provide vehicular access to all proposed lots. Pedestrian access is
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proposed through a combination of public street frontage and greenway corridors as permitted
under BMC 38.400.090.B.2.c.
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on June 9, 2022 and no variances were requested. The applicant requested and was
granted waivers for Surface Water, Floodplain, Vegetation, Wildlife, Agriculture, Agricultural
Water User Facilities, Neighborhood Center Plan, Miscellaneous, and Affordable Housing.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
No existing streams or surface water features are located within or adjacent to the proposed
subdivision. The requirement for surface water documentation was waived.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. The requirement for a floodplain
report was waived.
38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed between April 2022 and August 2022 and included
two test pits, indicating groundwater at depths ranging from 2.5 feet to 4 feet over time. A
condition of approval will restrict the construction of basements. 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.
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. The subject parcels are surrounded by
city streets and graded for development. The requirement for a vegetation map and protective
measures was waived.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during
the Pre-Application process. The subject parcels are surrounded by city streets and developed
areas.
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38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. A waiver for agriculture was granted during the
Pre-Application process.
38.220.060.A.8 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
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. See discussion above under primary
review criteria.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure. No new streets are
proposed with the subdivision. Access to the existing street grid is proposed from all 4
surrounding streets via the proposed alleys. This proposed subdivision will include City standard
sidewalks around its perimeter, and two north-south pedestrian paths through the development to
facilitate pedestrian access. These pathways are required by code provisions to have public
access easements to ensure legal pedestrian movement through the site to nearby parks and trails.
A traffic impact study (TIS) was prepared in November 2022 for the Urban Farm Subdivision to
the south and included the subject property. An additional traffic impact letter (TIL) was
prepared in July 2022 with trip generation estimates and analysis to support the inclusion of the
drive access from South Laurel Parkway, classified as a collector street, 110-feet from the
intersection of May Fly Street, as well as additional traffic figures, and capacity and level of
service analysis. The City’s reviewing engineer reviewed both for compliance with city
standards and methods and assessed impacts. A waiver of right to protest creation of special
improvement districts (SID’s) is a required condition of approval and will ensure proportional
contribution by the subject property for future road and intersection improvements to South
Laurel Parkway, Fallon Street, South Cottonwood Road and West Babcock Street. A code
provision also requires payment into the City’s Capital Improvements Plan (CIP) fund to ensure
improvements of the Fallon Street and Cottonwood Road intersection, which is anticipated to fall
below the level of service standards defined in BMC 38.400.060 and the intersection will require
improvements. These improvements are scheduled within three years in the CIP (Project
A&C012) 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 improvements'
costs.
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38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and internet
providers.
38.220.060.A.13 - Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create lots
to accommodate townhomes and two-household dwellings (duplexes). These uses are existing in
the neighborhood and principle uses in the R-4 zoning district.
38.220.060.A.14 - Parks and Recreation Facilities
This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by
the Parks Department. Because this is an infill development of only 5.48 acres, there is not
adequate land within the subject property to accommodate a beneficial park. There are several
parks in the Norton Ranch park system that are within a 10 minute walk from the proposed
development and one park immediately adjacent.
38.220.060.A.15 - Neighborhood Center Plan
The subdivision was granted a waiver to the neighborhood center plan requirement during Pre-
Application review. This project will not be providing a neighborhood center due to the
relatively small size of the development area.
38.220.060.A.16 - Lighting Plan
This subdivision will not significantly impact lighting. Perimeter street lights will be installed.
The applicant is required to install lighting at mid-block pedestrian crossings. All new public
lighting must be annexed into an existing special improvement lighting district (SILD) or a new
SILD must be created prior to final plat approval.
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. Documentation for this code section was waived during Pre-
Application review.
38.220.060.A.18 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
38.220.060.A.19 – Adopted Growth Policy
This proposal furthers the adopted growth policy. The subdivision is zoned R-4 which anticipates
residential development at this scale. Refer to Appendix A below, Project Site Zoning and
Growth Policy for further discussion on the adopted growth policies this proposal supports.
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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; 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 meeting on August 22, 2023 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, and summarized the public comment submitted to the City prior to the public
hearing.
D. The City Commission requested public comment at the public meeting on August 22,
2023 and no public comment was received.
E. 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.
F. 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 site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
G. 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 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
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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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19th September
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
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 designation by
providing lots that will support a variety of housing types including townhouses, and duplex
units in an existing partially developed and developing residential area with surrounding
apartments, detached single homes, and townhomes constructed and proposed. The townhouse
and two-household lots will support construction of “missing middle” housing which is
contemplated throughout the Bozeman Community Plan 2020 and add to a diverse stock of
housing in this area. The proposed subdivision is also located in a connected area with relatively
quick access to a variety of goods and services. The two north-south greenway corridors will not
only provide frontage to interior townhome lots, but will also allow pedestrian access from
developing neighborhoods to the south to existing parks and trails in Norton Ranch and beyond.
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.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Hyalite Engineers, PLLC, 2304 N. 7th Ave.,
Suite L, Bozeman, MT 59715 representing the property owner Fallon First, LLC, PO Box
160250, Big Sky, MT 59716 was submitted on September 23, 2022.
This Preliminary Plat Application is requesting to subdivide 5.478 acres to create 30 townhouse
lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys, named Anders Place,
Archer (previously Betty) Lane, Seed (previously Gray) Way, and Nye Place. The site is
currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-
4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi-
household residential. The current owners are proposing to further subdivide into smaller lots
instead of develop the existing larger lots by site plan. The property is currently wholly
surrounded by existing subdivided, zoned, and developed or developing land within City Limits.
Surrounding uses include townhomes, single household residential, and apartments. The property
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was previously subdivided under Norton Ranch East Phase 4 and that plat was recorded on April
22, 2020.
On June 30, 2023 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in the staff
report. The subdivider did not request any subdivision or zoning variances with this application.
The applicant requested and was granted waivers with the pre-application plan review on June 9,
2022 for surface water, floodplains, vegetation, wildlife, agriculture, agricultural water user
facilities, neighborhood center plan, miscellaneous, and affordable housing. The subject property
is zoned R-4, Residential High Density, and the underlying growth policy designation is Urban
Neighborhood.
This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) -
Exemption for Certain Subdivisions. This statute exempts this subdivision from the public
hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be
made within 60 working days from sufficiency, or by September 26, 2023.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420. The applicant posted public notice on the subject property on July
14, 2023. The applicant sent public notice to all other landowners of record within 200-feet of
the subject property via first class mail, on July 14, 2023.
No public comment was been received.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Fallon First, LLC, PO Box 160250, Big Sky, MT 59716
Applicant: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715
Representative: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715
Report By: Danielle Garber, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
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ATTACHMENTS
Application materials – Available through the Laserfiche archive, the full file is linked below.
Application Documents
Application Plans
The application documents folder will contain the infrastructure reports including water, sewer,
stormwater, and traffic impacts, as well as documentation to demonstrate compliance with
Chapter 38 including compliance with adopted standards required in BMC 38.220.060.
The application plans folder will contain the full plat set, as well as the overall site plan,
proposed landscaping plans, proposed utility designs, and proposed alley plans.
The full application and file of record can be viewed digitally by navigating to the City’s Project
Information Portal website, select the “Project Documents Folder” link and navigating to
application 22310, as well as digitally at the Community Development Department at 20 E.
Olive Street, Bozeman, MT 59715.
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