HomeMy WebLinkAbout050223_FINAL_Findings_of_Fact_and_Order_Shady_Glen_PP_22294 DocuSign Envelope ID:87BE4FE2-CACD-449E-A7DD-B73C16263E75
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Bozeman City Commission Findings of Fact and Order for the Shady Glen
Major Subdivision Preliminary Plat;Application No. 22294
Community Development Board, acting in their capacity as the Planning Board,
considered the application at their March 6, 2023 meeting and the motion recommending
conditional approval passed, 4-3.
City Commission public hearing was held at their Tuesday, March 21, 2023 meeting and
the motion to deny the application passed, 5-0.
Project Description: A major preliminary plat subdivision application requesting to subdivide
11.87 acres into 16 residential lots (two of which are proposed to be deed restricted
affordable housing lots) and 5 common open space lots (one of which is proposed to be a
7.129 acre wildlife refuge). The subdivision is being reviewed concurrently with the
Shady Glen preliminary planned unit development(PUDP), Application 22293.
Project Location: The property is legally described as Bridger Creek Subdivision, Tract 1-A,
Plat J-200K, COS 885, Amended Plat of Lot 57A of the Amended Plat Lots 56, 57 &
58A of Bridger Creek Subdivisions Phase 1, Section 31, Township 1 South, Range 6
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.
City Commission Motion: Having reviewed and considered the application materials, public
comment, and all the information presented, I move to deny application 22294 and find
that the application no longer meets zoning requirements as a result of the Commission's
denial of preliminary PUD application number 22293.
Report Date: April 11, 2023
Staff Contact: Lynn Hyde, Development Review Planner
Lance Lehigh, 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. Ninety seven written public comments
have been received as of the writing of this report. The public comments can be viewed in the
City's Laserfiche archive and available to the public. The City Commission's Findings of Fact
and Order on application 22293 are essential to the findings relevant to this application and are
incorporated herein by reference.
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Unresolved Issues.
The subdivision is reliant upon an approved PUD before it can be approved. hi addition, staff has
5 recommended conditions of approval noted in Section 3 below found on page 9.
Project Summary
The Department of Community Development received a Preliminary Plat Application on
September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which
are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open
space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife
refuge. The site is currently undeveloped. The property will have access to Commercial Drive.
The property is zoned R-1.
On December 22, 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 however
the preliminary plat approval is reliant upon the approval of the PUD, Application 22293.
The Community Development(CD) Board, acting in their capacity as the Planning Board
reviewed the application on March 6, 2023. The Planning Board is the advisory board to the City
Commission on this application. The Planning Board motion to recommend approval with
recommended conditions passed, 4-3. The link to view the full CD Board meeting is provided.
The City Commission held a public meeting on the application on March 21, 2023. Based on the
vote to deny the Planned Unit Development as outlined in application 22293 Findings of Fact for
the Shady Glen PUD, a new motion was made by the Commission:
"Having reviewed and considered the application materials,public comment, and all the
information presented, I move to deny application 22294 and find that the application no
longer meets zoning requirements as a result of the Commission's denial of preliminary
PUD application number 22293."
Upon further discussion of the motion, the City Commission made individual findings that the
application does not meet the zoning criteria due to the denial of the PUD application. The
Findings of Fact for PUD application 22293 are incorporated by reference and attached to these
findings of fact. The Commission unanimously voted in favor of the motion, therefore denying
the preliminary plat application. A summary of the Commission's findings can be found in
Section 7—Findings of Fact, Order of Appeal and Provisions. Analysis of the Commission's
alternative findings can be found in Section 6— Staff Analysis and Findings.
The link to view the full City Commission meeting is provided.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
UnresolvedIssues. .............................................................................................................. 2
ProjectSummary................................................................................................................. 2
SECTION1 —MAP SERIES.......................................................................................................... 4
SECTION 2—REQUESTED VARIANCES ................................................................................. 9
SECTION 3 —RECOMMENDED CONDITIONS OF APPROVAL............................................ 9
SECTION 4—CODE REQUIREMENTS.................................................................................... 10
SECTION 5 —RECOMMENDATION AND FUTURE ACTIONS............................................ 15
SECTION 6— STAFF ANALYSIS AND FINDINGS ................................................................ 16
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC........................... 16
Applicable Review Criteria, Bozeman Municipal Code................................................... 18
38.220.060 Documentation of compliance with adopted standards................................. 23
SECTION 7—FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS......................... 27
APPENDIX A—PROJECT SITE ZONING AND GROWTH POLICY..................................... 31
APPENDIX B—DETAILED PROJECT DESCRIPTION .......................................................... 33
APPENDIX C—NOTICING AND PUBLIC COMMENT ......................................................... 34
APPENDIX D—OWNER INFORMATION AND REVIEWING STAFF................................. 34
FISCALEFFECTS....................................................................................................................... 34
ATTACHMENTS......................................................................................................................... 34
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SECTION I —MAP SERIES
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22294 Findings of Fact and Order for Shady Glen Subdivision Page 7 of 34
PRELIMINARY PLAT
SHADY GLEN SUBDIVISION, PLANNED UNIT DEVELOPMENT
BEING TRACT 1-A OF THE AMENDED PLAT OF BRIDGER CREEK SUBDIVISION,PHASE 1 PLAT J-200K.
SITUATED IN THE SE1A OF SECTION 31,
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22294 Findings of Fact and Order for Shady Glen Subdivision Page 8 of 34
`—---------- -------------------
LOT 2 ti
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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, however the preliminary plat is not approvable without a favorable motion on the
PUD that was reviewed and discussed concurrently, Shady Glen PUD, Application 22293.
The City Commission did not approve the PUD and therefore, the subdivision must comply with
all standards as presented in the municipal code.
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 approved affordable housing plan must be recorded concurrent with the final plat and
a reference to the recorded document must be provided on the conditions of approval
page of the final plat. The reference on the conditions of approval sheet must be, "This
subdivision is subject to affordable housing requirements to satisfy planned unit
development requirements voluntarily opted into by the subdivider. The subdivision's
requirements and obligations can be found in the Shady Glen Affordable Housing Plan
recorded as document no. at the Gallatin County Clerk and Recorders
Office."
This condition is satisfied with the recording of the final plat mylars and the affordable
housing plan for the subdivision. The Clerk and Recorder should write in the document
number for the recorded affordable housing plan on the conditions of approval sheet prior
to the filming/scanning of the final plat.
2. The subdivider must install perpetual wetland boundary markers on the watercourse
setback line on Lots 8, 9 & 10 prior to final plat approval. The wetland boundary markers
proposed must be approved by the Community Development Department prior to
installation.
3. Building Design Guidelines must be established and include a requirement applicable to
all lots within the wetland buffer, and backing up to existing wetlands to ensure proper
stewardship of the adjacent critical lands. At a minimum they must include the below:
i. The back yard areas of lots near the wetlands will be filled `close to street
level' in order to create a fill slope at the back lot lines while will be
planted with native grasses. Storm runoff from top slopes will drain as
sheet flow over the slope, and the vegetation will `intercept, filter and
infiltrate' any runoff that does occur. This creates a buffer to protect the
undeveloped floodplain and wetland areas from sediment and nutrients.
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ii. The HOA/POA require homeowners to use phosphorous-free fertilizers
and to not dispose of trash, grass clippings or yard waste within the
wetland buffer. Signage will be included noting the restrictions of pets
from the wildlife refuge. The covenants will also include a requirement to
install and maintain continuous fencing along the wildlife preserve.
iii. In accordance with MPDES stormwater discharge requirements, any
construction related sediment will be intercepted during construction with
a silt fence, wattles or other filtration measures.
4. The subdivision must install a fence along the southern boundary of the proposed Shady
Glen Wildlife Refuge adjacent to the Bridger Center Subdivision and on the east along
the boundary with the proposed residential lots in this development. The fence design and
materials must be approved by the Community Development Department prior to
installation. Fence materials must limit passage of materials and equipment, minimize
visual impact, and maximize durability and longevity. Fence installation must be
completed prior to final plat; financial guarantee of this work is not allowed.
5. The applicant shall complete construction or other provision of all identified public
benefits which were the basis of the planned unit development qualifying for review and
all amenities depicted on the preliminary planned unit development application materials
prior to the issuance of the 9th building permit (approximately 50% complete)within the
development. This includes the construction of the two affordable townhomes, the
completion of the improvements associated with Common Open Spaces 03 & 04, as well
as the way-finding improvements. This obligation must be included on the Conditions of
Approval sheet of the associated final plat.
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. 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the
Community Development Department with a written statement of a wetland boundary
determination from the U.S. Army Corps of the wetland status. If the wetlands are
determined to be jurisdictional, an approved 404 permit for any changes to the wetland
must be submitted to the Community Development office prior to final plat approval. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be
obtained by the applicant. Approved stream and wetland permits shall be provide prior to
public infrastructure approval for public infrastructure impacts to jurisdictional wetland
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and streams. Permits and a FEMA approved LOMR-F must be provided prior to final plat
approval.
3. BMC 38.220.070. The applicant shall submit with the application for final plat review
and approval, a written narrative stating how each of the conditions of preliminary plat
approval and noted code provisions have been satisfactorily addressed. This narrative
shall be in sufficient detail to direct the reviewer to the appropriate plat,plan, sheet, note,
covenant, etc. in the submittal.
4. BMC 38.220.070.A.7. 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 Attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements.
5. BMC 38.220.070. The final plat must contain the following notation on the Conditions of
Approval sheet:
a. The responsibility of maintenance for the stormwater facilities, stormwater open space
lots, pedestrian open space lots and street frontage landscaping for the perimeter streets
must be that of the property owners' association. Maintenance responsibility must
include, all vegetative ground cover, boulevard trees and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets. The
property owners' association must be responsible for levying annual assessments to
provide for the maintenance, repair, and upkeep of all perimeter street frontage
landscaping and stormwater facilities and all open space landscaping.
b. 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
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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 gutter.
c. All downstream water user facilities will not be impacted by this subdivision.
d. All lots are subject to a ten foot wide front setback utility easement.
e. All open space and public access areas are to be owned and maintained by the property
owners' association.
6. BMC 38.220.300 & 310. The POA documents must be finalized and recorded with the
final plat. The POA documents must include the requirements of Section 38.220.300 and
310.
7. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding
open space established in the Municipal Code the following language shall be included
on the Conditions of Approval Sheet of the final plat: "As established by 38.220.320.A,
38.340.150.A.3.d, and other applicable elements of the Bozeman Municipal Code
effective on [DATE of Preliminary plat sufficiency determination], ownership of all
common open space areas and trails, and responsibility of maintenance thereof and for
city assessments levied on the common open space lands shall be that of the property
owners' association. Maintenance responsibility shall include, in addition to the common
open space and trails, all vegetative ground cover, and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets and as
adjacent to public parks or other common open space areas. All areas within the
subdivision that are designated herein as common open space including trails are for the
use and enjoyment by residents of the development and the general public. The property
owners' association shall be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all common open space areas and trails. At the same
time of recording the final plat of the subdivision the subdivider shall transfer ownership
of all common open space areas within each phase to the property owners' association
created by the subdivider to maintain all common open space areas within Shady Glen
subdivision.
8. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for
the creation of a POA(Documents) shall be submitted at least 30 working days prior to
submitting the final plat application for review by the Department of Community
Development and shall contain, but not be limited to the following items: 1)the
orientation and setbacks for corner lots, 2) all additional setbacks required when lots are
adjacent to pathway corridors and minor arterial roads, 3)provisions for fences, 4)
provisions for snow removal, maintenance and upkeep of all common areas,public and
private parks, trails, storm water runoff facilities, 5) guidelines that outline architectural
and landscape requirements for each individual lot and/or phase of the subdivision,
including placement of boulevard trees at a regular spacing for each residential lot, 6)
provisions that outline the renewal of an annual contract with a certified landscape
nursery person for the upkeep and maintenance of all parklands, common open space,
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trails, etc., 7) landscape details for detention ponds, outlet structures,boulevard trees,
parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations,
9)noxious weed control, and 10) assessment of existing and future Special Improvement
Districts. These documents shall be executed and submitted with the initial final plat to
be filed with the Gallatin County Clerk and Recorder at the time of recording of the final
plat.
9. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private 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.
10. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate
Mortgagee certificate must be included with the final plat.
11. BMC 38.240.450 requires a certificate of completion of improvements. The certificate
must specifically list all installed improvements and financially guaranteed
improvements.
12. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements.
13. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of water-
related improvements. The certificate must list all completed and accepted improvements,
including but not limited to all irrigation system record drawings. The subdivision
proposes irrigation of public street frontage. This certificate must be provided on the final
plat.
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14. BMC 38.270.030, Completion of Improvements. If it is the developer's intent to file the
plat prior to the completion of all required improvements, the developer shall enter an
Improvements Agreement with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal information and
conditions of approval. If the final plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150 percent of the cost of the remaining improvements.
15. BMC 38.270.030. The applicant must submit plans and specifications for water and
sewer main extensions, streets, and storm water improvements,prepared and signed by a
professional engineer(PE)registered in the State of Montana, which must be provided to
and approved by the City Engineer. Water and sewer plans must also be approved by the
Montana Department of Environmental Quality. The applicant must also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have
been approved and a preconstruction conference has been conducted. Building permits
will not be issued prior to City acceptance of the site infrastructure improvements unless
all provisions set forth in Section 38.270.030.0 of the Bozeman Municipal Code are met
to allow for concurrent construction.
16. BMC 38.400.010.No parking is allowed along the cul-de-sac. No parking signs must be
installed prior to final plat approval or financially guaranteed.
17. BMC 38.410.060.A. 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. The recorded easement number must be documented on
the final plat.
a. The applicant is advised that all dedicated public easements must be recorded using the
City's standard template easement documents separate from the plat and the recorded
document number must be listed on the final plat. Easements will be deemed inadequate
if they are not in a final draft format (signatures are not required for the draft review).
Easements must be stamped by a licensed professional surveyor. In preparing signature
blocks on any upcoming documents,please make the following changes: Jeff Mihelich,
City Manager; Mike Maas, City Clerk. If a new member is established, the easement
documents must be updated.
18. Easements
a. BMC 38.410.060. The applicant must provide a ten foot private utility easement(power,
gas, communication, etc.) along the development's property frontage. The applicant may
contact the Engineering Department to receive a copy of a utility easement template. The
easement must be recorded and provided to engineering prior to final plat approval. The
recorded easement number must be written in on the final plat.
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b. BMC 38.410.060.A. The final plat must provide and depict 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.
c. BMC 38.410.060. The proposed water and sewer lines extending from Shady Glen Lane
to Boylan Road reside in a public access and utility easement. The final plat must
reference the recorded easement number.
19. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that
identifies the maintenance of the watercourse setback landscaping. The landscaping
identified in the watercourse planting plan must be installed or financially guaranteed
prior to final plat approval.
20. BMC 38.410.100.No accessory structures, patios, or recreational equipment(i.e.
swingset, trampoline. etc.) can be located within the watercourse setback. This language
must be included in the POA documents and covenants.
21. BMC 38.410.120. If mail delivery will not be to each individual lot within the
development, the developer shall provide an off-street area for mail delivery within the
development in cooperation with the USPS. It shall not be the responsibility of the City
to maintain or plow any mail delivery area constructed within a City right-of-way. If
cluster boxes are used, a dedicated area to pull up and access the boxes must be provided.
22. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been
provided with final plat, then water rights or cash-in-lieu must be provided with any
future site plan
23. BMC 38.420.030. Final payment for cash-in-lieu of parkland will be determined and paid
at the time of final plat approval. A parkland table and cash in lieu amount must be
printed on the final plat.
24. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and
approved by the City of Bozeman before the approval of the final plat.
25. BMC 38.600.210. A floodplain permit must be submitted and approved prior to final plat
approval.
SECTION S—RECOMMENDA TION AND FUTURE ACTIONS
The Department of Community Development received a Preliminary Plat Application on
September 2, 2022 requesting to subdivide 11.87 acres to create 16 residential lots, two of which
are proposed to be deed restricted affordable housing lots for townhouses, and 5 common open
space lots. Common open space Lot 3 is a 7.129 acre lot proposed to be set aside as a wildlife
refuge. The site is currently undeveloped. The property will have access to Commercial Drive.
The property is zoned R-1.
On December 22, 2022 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends 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 however
the preliminary plat approval is reliant upon the approval of the PUD, Application 22293.
The Community Development (CD)Board, acting in their capacity as the Planning Board
reviewed the application on March 6, 2023. The Planning Board is the advisory board to the City
Commission on this application. The Planning Board motion to recommend approval with
recommended conditions passed, 4-3. The link to view the full CD Board meeting is provided.
The City Commission held a public meeting on the application on March 21, 2023. Based on the
vote to deny the Planned Unit Development as outlined in application 22293 Findings of Fact for
the Shady Glen PUD, a new motion was made by the Commission:
"Having reviewed and considered the application materials,public comment, and all the
information presented, I move to deny application 22294 and find that the application no
longer meets zoning requirements as a result of the Commission's denial of preliminary
PUD application number 22293."
Upon further discussion of the motion, the City Commission made individual findings that the
application does not meet the zoning criteria due to the denial of the PUD application. The
Findings of Fact for PUD application 22293 and are incorporated by reference and attached to
these findings of fact. The Commission unanimously voted in favor of the motion, therefore
denying the preliminary plat application. A summary of the Commission's findings can be found
in Section 7—Findings of Fact, Order of Appeal and Provisions. Analysis of the Commission's
alternative findings can be found in Section 6— Staff Analysis and Findings.
The link to view the full City Commission meeting is provided.
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 38.240.150.13, 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.
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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.
City Commission Findings: Part 5 of the Montana Subdivision and Platting Act authorizes
municipalities to adopt local regulations governing subdivisions. The City of Bozeman has
adopted local regulations in accordance with state law. As described more fully in criterion 4
below, the Commission found the Shady Glen preliminary plat application does not comply with
local subdivision regulations found in Chapter 38, Articles 3, 4, and 6 of the Bozeman Municipal
Code. Specifically, the application does not comply with Montana Code Annotated sections 76-
3-504(1)(e), (f), and(g)(i), nor does the proposal comply with associated local regulations
regarding permitted uses, street design and connectivity,public access,unnecessary
environmental degradation(including development within watercourse setbacks); danger of
injury to public health, safety and welfare in diminished ability to provide public services in the
event of fire and flood hazards due to the secondary gated and locked access and a single access
cul-de-sac extending away from the two means of emergency access. For additional findings, see
the attached findings of fact for the associated PUD. This criterion is not met.
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 state law and the Bozeman Municipal Code.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as
authorized in BMC 38.240.100.
The Department of Community Development received a preliminary plat application on
September 2, 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 October 12, 2022.
A revised application was received on October 24, 2022. The DRC determined the application
was adequate for continued review on December 22, 2023 and recommended conditions of
approval and code corrections for the staff report.
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The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Thursday, February 23, 2023 for postings on
Sundays, February 26, 2023 and March 5, 2023. The applicant posted public notice on the
subject property on February 26, 2023. The applicant sent public notice to all landowners of
record within 200-feet of the subject property via first class mail, on February 24, 2023. Ninety
seven public comments 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 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.
Applicable Review Criteria, Bozeman Municipal Code
In considering applications for approval the advisory boards and City Commission shall consider
applicable Bozeman Municipal Code (BMC) sections. The subdivision as proposed(and with
Recommended Conditions of Approval and Code Requirements), complies with the BMC except
where noted. Where the proposal does not comply with the BMC, the applicant has requested
relaxations through the concurrent PUDP application(Application 22293).
BMC 38.310.030, Table 38.310.030.A
In accordance with the table of permitted uses in residential zones, townhouses are not a
permitted housing typology in the R-1 zoning district. The applicant has requested through the
PUD process to allow townhouses as a permitted use. The applicant desires to provide affordable
housing units on these two lots. Previously townhouses were a permitted use in the R-1 zoning
district in order to satisfy the affordable housing provisions in the inclusionary zoning state
permitted legislature. Since that time, the State Legislature has removed the ability for local
municipalities to require affordable housing, and with the redaction of the affordable housing
ordinance, the ability to allow deed restricted affordable townhouse/rowhouse units in the R-1
zoning district was also removed from the code. As the applicant is desiring to voluntarily
provide affordable housing, staff finds this request supports the growth policy goals, however an
approved PUD is required as the subdivision application is not currently in compliance with this
code section.
The concurrent Shady Glen Preliminary PUD must be approved prior to the preliminary plat
being approvable and before the applicant may submit a final plat. The Shady Glen Final PUD
must be approved before the subdivision final plat can be approved.
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BMC 38.400.010.A.2
"Developers must arrange streets and alleys to provide for the continuation of streets and alleys
between adjacent developed properties when such continuation is necessary for the convenient
movement of traffic, effective provision of emergency services and efficient provision of
utilities. "
The layout includes a gated access to Commercial Drive/Endurance Lane which does not provide
for the continuation of local streets between developed properties.
BMC 38.400.010.A.8
"To facilitate traffic movement, the provision of emergency services and the placement of utility
easements all developments must be provided with a second means of access. If, in the judgment
of the development review committee (DRC), a second dedicated right-of-way cannot be
provided for reasons of topography or other physical conditions, the developer must provide an
emergency access, built to the standards detailed in these regulations. "
The required right-of-way does not exist to provide a full street as a secondary access. Additional
easements would be needed and at this time there is not a willing property owner(s)to provide
the secondary access easements. Primary public vehicular access would be via the Links
Condominiums to Birdie Drive. The addition, the secondary gated emergency access improves
the connectivity for emergency services as well as pedestrians. The emergency access gate is
required to be maintained for all-season access. Staff determined an additional full access was
not feasible, and the second emergency access is adequate for approval.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.400.010.A.9
"Culs-de-sac are generally prohibited. The review authority may consider and approve the
installation of a cul-de-sac only when necessary due to topography, the presence of critical
lands, access control, adjacency to parks or open space, or similar site constraints. Pedestrian
walks must be installed at the end of culs-de-sac where deemed appropriate. "
Staff finds that a cul-de-sac design for this layout is sufficient. The cul-de-sac is necessary due to
adjacency to park, open space and site constraints. A pedestrian walkway was provided at the
end of the cull-de-sac to the adjacent pedestrian path on the northeast portion of the subdivision.
The cul-de-sac was reviewed by the Engineering Department as well as the emergency services
and found to be adequate.
BMC 38.410.040.D
"Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed
necessary to provide circulation or access to parks, open space, schools,playgrounds, shopping
centers, transportation, and other community facilities. In addition, no continuous length of
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block may exceed 600 feet without intersection a street or pedestrian walk. Pedestrian walks
must also be installed at the end of cul-de-sac where deemed appropriate. "
The dual access connection to Commercial drive is also serving as a pedestrian right-of-way. In
accordance, the pedestrian walks must be maintained by the Shady Glen property owners
association and cleared for all season use. The applicant is proposing to construct this facility
with asphalt as it is a dual access for both pedestriansibicyclists as well as vehicular access in
case of an emergency. The Fire Department as found this design sufficient to provide service to
the neighborhood. In addition to providing secondary access for the proposed subdivision, it also
provides secondary access for the commercial development to the south that currently only has
one access. City staff finds that this design and maintenance plan is sufficient and meets the
requirements of the code.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.400.050.A
"All streets and road providing access to, and within the proposed development must meet the
following standards. (1)Right-of-way width and construction standards contained in this
chapter. . . and BMC 38.400.060.A. states all street improvements must be designed by and
constructed under the supervision of a professional civil engineer, registered in the state, and
must meet or exceed the right-of-way and construction standards adopted by the city (including
but not limited to an adopted transportation plan or specifications manual) and required for the
type of street to be constructed.
The subdivision proposed a street section with a 42' right-of-way instead of a 60' right-of-way.
The street section would be made up with a 5' wide sidewalk on the west side of the street, and
no sidewalks on the east side as there is already a pedestrian facility that travels parallel where a
sidewalk would go. In addition, the 8' parking lane is proposed to be removed from the east side
of the street. Removing these components from the street reduces the right-of-way width 18'
which minimizes the encroachment and disturbances into the wetland. Staff supports this design
in order to shift the lots to the east where possible in order to mitigate impacts to the wetlands.
Staff finds this design proposal impacts the wetlands less than other development alternatives
explored.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.410.040.B.
"Block length must not be designed, unless otherwise impractical, to be more than 400 feet in
length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due
to topography, the presence of critical lands, access control, or adjacency to existing parks or
open space. In no case may a block exceed 1,320 feet in length.
Based on the applicant's diagram, staff reviewed and concurred that this subdivision is in
compliance with this code provision. Due to the unique nature of this subdivision and the layout,
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it is somewhat debatable as to what is considered the start of the block. Whether the block is
considered to start at the pedestrian right-of-way that connects to Commercial Drive, or if the
block starts at Birdie Drive, the road is less than 1,320 feet to the cul-de-sac, thus meeting this
code requirement.
BMC 38.410.100.A.2.c.4.d
"Setback must include connected wetlands. The buffer width must be extended by a minimum of
50 feet beyond the perimeter of the connected wetlands. "
The applicant has provided information showing how two wetlands (labeled Wetland 1 and
Wetland 2) are connected to the greater watercourses. Therefore the delineated buffer must be
extended by a minimum of 50' beyond the perimeter of the wetlands. The applicant is requesting
a reduction to the wetland setback from 50' to 35'. Condition of Approval 2 requires permanent
wetland boundary markers to be placed on site to minimize possible encroachments into the
proposed setback. This relaxation is requested in the concurrent PUD application. Staff concurs
that the reduced wetland setbacks are adequately mitigated by robust mitigation measures
including, on-site infiltration for both the houses as well as the rear yards, requirement for
phosphorous-free fertilizers, and the installation of perpetual wetland markers. Refer to
Condition of Approval 2 & 3.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.410.100.A.2.d
"No newly constructed residential or commercial structure, addition to an existing structure,
fence, deck,fill material (other than that required for exempt uses),parking lot or other
impervious surfaces, or other similar improvements may be located within required watercourse
setbacks, unless approved through, and in conformance with, a variance or deviation process as
authorized in this chapter. "
The application proposed to place fill in Lots 3, 4, 8, 9, & 10 as well as in one common open
space for utilities. Placement of fill within a watercourse setback is not allowed, thus the
applicant has requested a relaxation to this requirement in the concurrent PUD application. The
application is proposing to pull fill from an historic railroad bed on site, and place the fill on the
backs of Lots 3, 4, 8, 9, 10 & 11. The applicants narrative states, "The combined fill volume
below the 100 year flood elevation (i.e., loss of flood storage capacity) will be less than the
excavation volume below the 100 year flood elevation west of Lot 5 (i.e., gain in flood storage
capacity). In other words, the proposed grading actually increases flood storage volume as
compared to existing conditions. This is a rare occurrence for this type of relaxation/variance
request in that the proposed plan to place fill within the floodplain would not negatively impact
flood conveyance or storage capacity. "A CLOMR permit has already been obtained from the
Federal Emergency Management Agency(FEMA) and can be found in the application materials.
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Staff supports this relaxation request as it is increasing the floodplain capacity, as well as
providing mitigation measures for stormwater runoff from the urban development prior to
reaching the wetlands.
The concurrent PUD must be approved prior to the preliminary plat being approvable.
BMC 38.430.040
"When a subdivision is proposed in conjunction with a zoning planned unit development, the
subdivision review must be coordinated with the zoning review. All steps listed in this section
apply whether the application is for a subdivision or zoning PUD, and references herein to plan
includes plat unless the context clearly indicates otherwise. Approval of a planned unit
development consists of three procedural steps:pre-application,preliminary plan, and final
plan. All subdivision PUDs must also meet all standards for plats. "
The Planned Unit Development(PUD) is being reviewed concurrently with this preliminary plat
(PP) application. In order for the PP to be approvable, there must be a favorable motion made on
the PUD. The applications are both going to the advisory bodies and decision makers
concurrently. Condition of Approval 5 requires the public benefits portion of the PUD must be
completed prior to the 9th building permit of the development. This includes the construction of
the two affordable townhomes, the completion of the improvements associated with Common
Open Spaces 03 & 04, as well as the way-finding improvements. This obligation must be
included on the Conditions of Approval sheet of the associated final plat.
City Commission Findings: The City Commission found that,because the preliminary planned
unit development application and its necessary requested relaxations were denied, the
preliminary plat does not comply with multiple zoning standards as detailed in the attached
findings for application 22293. Specifically, the commission found that the proposed
subdivision does not comply with: PUD requirements 38.430.010, 38.430.030.A.4.c; specific
design provisions, including 38.400.080.A.2, 8, and 9 and 38.400.050.A; watercourse setback
provisions in 38.410.100.A.2.c; and several of the PUD review criteria in section 38.430.090.
Additionally, because the preliminary PUD application was denied in its entirety, this application
does not comply with BMC sections 38.310.030 and Table 38.310.030.A, 38.410.040.D, and
38.410.030.A.2.d.
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
Provision No. 4, 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.
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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
If the PUDP is approved, along with the relaxation requests, the final plat will provide legal and
physical access to each parcel within the subdivision. All of the proposed lots will have frontage
on public streets constructed to City standards with lot frontage meeting minimum standards
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 June 1, 2022 and no waivers or variances were requested. Staff offers the following
summary comments on the documents required with BMC 38.220.060, BMC.
38.220.060.A.1 —Surface water
All surface waters and delineated floodplains have been mapped. Over 60% of the site is
proposed to be set aside in common open space including a wildlife refuge. This provides many
benefits, including the ability to leave much of the surface water undisturbed. Refer to Section 4
Compliance with Chapter 38, BMC and other relevant regulations above in regards to impacts to
wetland setbacks as well as fill in the floodplain.
38.220.060.A.2 - Floodplains
A FIS (Flood Insurance Study), dated September 2, 2011 and published by FEMA, covers the
East Gallatin River floodplain in the project area. Applicable floodplain permits will or have
been applied for. Minimal fill is proposed in the floodplain and is discussed above under Section
4 Compliance with Chapter 38, BMC and other relevant regulations.
38.220.060.A.3 - Groundwater
The groundwater was monitored both in 2015 as well as 2020 to determine ground water depth
variations. The levels ranged from 3.6' to 7.1'. The development areas will have fill brought in to
create an elevation suitable for development as well as to create a desired grade for gravity sewer
mains. This additional fill will create additional space between the groundwater and future
development. Code Provision No. 5c prohibits basements and crawl spaces due to the known
high groundwater.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision is located on a sloping formation of alluvial materials overlying Tertiary and
Quaternary age alluvial sediments, which is typical in the Gallatin Valley. No geologic hazards
were identified, thus no protective measures were necessary.
38.220.060.A.5 -Vegetation
The vegetation on site consist of Palustrine Scrub/shrub broadleaf deciduous forest, wetlands,
and a fallowed hay pasture grassland. The forested areas are dominated by sandbar willow, red-
osier dogwood,woods rose, quaking aspen and Bebb's willow, alder, and canary reed grass. The
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wetland areas of the site are characterize by plant communities typically found in riparian areas
or areas Saturday by groundwater conditions including, but not limited to: reed canary grass;
beaked sedge; wooly sedge; wheat sedge; round-fruit rush; Colorado rush; Baltic rush; common
cattail; and common spike-rush. There are also noxious weeds onsite. A weed management plan
was submitted to, and approved by, Gallatin County. The application also notes they have
removed approximately 2 tons of household trash from four homeless camps located within the
Aspen grove on the property. While the development will naturally disturb vegetation where
homes are proposed, however the remainder of the site will be improved to a superior
environmental condition, and preserved.
Areas disturbed during construction will be reclaimed through plantings of diverse riparian
vegetation consisting of riparian grasses, forbs, scrub/shrubs and trees that tolerate saturated to
semi-saturated soil conditions. The applicants narrative states, "Best Management Practices
(BMPs)will be installed prior to project initiation to ensure that storm runoff from the areas of
ground disturbance will be contained and treated onsite during and after construction. Low
Impact Development(LID) designs such as infiltration galleries and biofiltration will be
incorporated into the project's final landscape design. These design features will help with water
conservation."
38.220.060.A.6 -Wildlife
The undeveloped site is home to existing wildlife. The applicant's narrative states "large
ungulates such as white tail deer, moose and possible mule deer inhabit the property during
different seasons. Smaller mammals consisting of squirrels, raccoons, rabbits, skunks, beavers,
mink and possible otters frequent the property periodically. Avian species notably a variety of
raptors, songbirds, wading birds, upland birds, waterfowl, and cranes have been viewed on the
property. Naturally, development of a site will disturb the existing ecosystem. This site is inside
city limits and urban type development is anticipated. The applicant is proposing to leave over
60% in a wildlife refuge. The lack of human intrusion on these 7.13 acres allows wildlife a
secure place to shelter and feed. In addition, this park is contiguous with Glen Lake Rotary Park
which extends the natural setting of the existing park and allows for fluid migration for wildlife
without crossing the urban interface. The wildlife refuge will protect wildlife movement areas
and the existing federally protected wetlands, water bodies, and wildlife habitats from human
impacts. In addition, the Shady Glen HOA will require homeowners with lot lines adjoining the
wildlife preserve to provide fencing to protect wildlife from pets and vice versa.
A representative from the Montana Fish, Wildlife &Parks stated"This development alone is not
likely to negatively impact big game at a population level for several reasons. It represents a
small parcel (about 12 acres), most of which will be preserved in open space. This open space is
currently planned to be adjacent to other open space lands owned by the City of Bozeman and
along the banks of the East Gallatin River. Placing open space lands together amplifies the
benefits of the open space to wildlife. The proposed area is not in a crucial big game winter
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range nor a known migration corridor for big game species. Finally, the area is proximate to
other major developments at the outskirts of Bozeman".
In order to minimize human and wildlife conflict, the trails are not being placed on the wildlife
refuge. In addition, Condition 4 above requires the applicant to construct a fence between the
wildlife refuge and the commercial users to the south to minimize user conflict. Lot owners will
be required to install fencing along the west lot lines, bordering the wildlife refuge to provide
separation between the wildlife and residential units.
38.220.060.A.7-Agriculture
This subdivision will not impact agriculture. There is no agricultural production on the property.
The subject property is designated as Urban Neighborhood according to the City of Bozeman
Community Plan and anticipated urban development.
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.
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.
38.220.060.A.10 - Stormwater Management
A stormwater management plan was submitting in accordance with the city's requirements
adopted stormwater master plan. The stormwater facilities will be maintained by the Shady Glen
Homeowners Association. Development of site infrastructure will be performed in accordance
with an MPDES stormwater permit prepared by the contractor at the time of construction. The
subdivision will not significantly impact stormwater infrastructure.
38.220.060.A.11 - Streets,Roads and Alleys
The proposed subdivision has two access points. The main vehicular access is proposed from
Birdie drive, a city street, through The Links Condominium development. The proposed
connection will be through a Public Access and Utility Easement. A secondary access is
provided that will connect the proposed street Shady Glen Lane to Commercial Drive within the
Bridger Center to the south. The gated access will provide a secondary emergency access as well
as secondary pedestrian and bicycle access. The access will be maintained by the Shady Glen
Homeowners Association, including keeping it clear of snow during the winter. Refer to Section
4 Compliance with Chapter 38, BMC and other relevant regulations above for further discussion
on streets and access.
Due to the small number of lots, it was determined by the Engineering Department that a traffic
study would not be necessary.
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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 property is zoned R-1 which
anticipates this level, or higher of development. Because the majority of the site is being set aside
in a wildlife refuge, the amount of development may be less than what was anticipated. The
proposed subdivision will create 16 lots, two of which are affordable units, and 5 common open
space lots.
Net residential density is defined as the number of residential dwelling units per buildable unit of
land, excluding any land used or to be used as street rights-of-way,parks,public buildings or
private non-residential uses. Taking this into consideration, and removing the land dedicated for
infrastructure and parklands, there is a net density of 5.59 units per acre. There is a minimum
density of 5 units per acre in the R-1 zoning district, thus this development provides density in
the developable acres as anticipated in the R-1 zoning district.
In order to minimize human conflicts with adjacent residential and commercial development,
fences are required to be in place. Refer to Condition of Approval 4.
38.220.060.A.14 - Parks and Recreation Facilities
This subdivision has proposed to provide cash-in-lieu of parkland which is supported by the
Parks Department. While the Subdivision is providing a large amount of common open space,
the open space is encumbered with wetlands and other critical areas that are not conducive to
being a city park, which are typically programmed with activities, either active or passive. In
addition, the subdivision is proposed in very close proximity to Story Mill Community Park,
Glen Lake Rotary Park, and with the dual access pedestrian connection, provides a missing link
for pedestrians and bicyclists in the non-motorized network for the area connecting the trail
system to the north of the subdivision to the Glen Lake Rotary Park trail system. Thus the Parks
Department supports the request to provide cash-in-lieu of parkland.
38.220.060.A.15 -Neighborhood Center Plan
Glen Lake Rotary Park and Story Mill Community Park serve as the Shady Glen neighborhood
center as they are within one-half mile of the subdivision.
38.220.060.A.16 -Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City's requirement for cut-off shields as
required by the City's specifications.
38.220.060.A.17 -Miscellaneous
The proposed subdivision will improve the access to public lands by creating an additional
pedestrian connection. No known hazardous conditions exist on the property. The proposed
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subdivision is outside of the Wildland Urban Interface (WUI). No health or safety hazards on-
site or off-site will be created with this development.
38.220.060.A.18 -Affordable Housing
This application does not rely on incentives authorized in 38.380. However the applicant is
providing two deed restricted lots for townhouse units that will be affordable units. The
affordable units are being counted as performance points for the PUD evaluation. Refer to
Condition of Approval 1 for additional Affordable Housing requirements. The affordable
housing units must be provided as a component of the PUD improvements. All PUD
improvements must be completed prior to 50% completion of all building permits (or the 9tn
building permit).
38.220.060.A.19—Adopted Growth Policy
This proposal furthers the adopted growth policy. The subdivision is zoned R-1 which anticipates
residential development. Refer to Appendix A below,Project Size Zoning and Growth Policy for
further discussion on the adopted growth policies this proposal supports.
City Commission Findings: Refer to the attached Findings for application 22293. The
Commission determined that the proposed preliminary plat did not adequately protect
environmentally sensitive and hazard-prone areas because it allows encroachment into the
required watercourse setback. Additionally,proposals to mitigate the development's impact to
wetland buffer zones are insufficient because they shift an extraordinary burden and
responsibility to police homeowners' actions in perpetuity. The proposed plat's street design,
including cul-de-sac configuration, reduced street width, sidewalk on only one side of the street,
and parking on only one side of the street, was an unacceptable alternative to streets constructed
to code standards and would have the effect of limiting public access to recreational amenities
and limit the efficient movement of people and vehicles. The Commission found the proposed
gated and locked secondary access to be a hindrance to emergency services and evacuation,
which is detrimental to public health and safety. The Commission found that the location of the
two affordable housing units offered with the proposed development were inconsistent with the
City's goals to integrate affordable housing seamlessly into neighborhoods and foster inclusivity
with vulnerable populations. The Commission determined that, although the proposed
preliminary plat satisfied some elements of the growth policy, on balance, the application was
contrary to more goals articulated in the growth policy.
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. The applicant presented to the City a proposed preliminary plat application to
allow a residential development affiliated with a preliminary planned unit development
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that requested six relaxation to zoning regulations (Application 22293). Approval of the
planned unit development with the six relaxations to standards is necessary prior to
approval of the subdivision.
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 preliminary plat should be approved, conditionally approved, or
denied.
C. The matter of the preliminary plat was considered by the City Commission at a public
meeting on March 21, 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 City Commission requested public comment at the public meeting on March 21,
2023 and no members of the public offered public testimony on the application as
submitted.
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 amended the proposed motion based on the denial of the planned unit
development which resulted in a subdivision application that did not comply with zoning
standards. Therefore, being fully advised of all matters having come before it regarding
the application, the City Commission makes the following decision:
F. For the reasons stated above and in the PUD application 22293 findings of fact, the
preliminary plat does not meet the requirements of Chapter 76 of the Montana Code
Annotated, nor does it meet the applicable subdivision review criteria, found in Chapter
38 of the Bozeman Municipal Code. As detailed in the analysis section above,the
preliminary plat application relied on approval of several relaxations found in its
accompanying planned unit development application. The Commission denied PUD
application 22293 citing unacceptable impacts to the environment and to public health,
safety, and welfare. Without the approval of the PUD relaxations, the preliminary plat
does not comply with applicable zoning standards such as,permitted uses, lot sizes,
secondary emergency access design, wetland setback, street design, and non-exempt fill
material within the floodplain. The offered mitigation for these impacts was insufficient
to adequately protect public health and safety and unacceptably degraded wetlands by
allowing development in the watercourse setback. Therefore,pursuant to the City
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Commission's review authority and the authority found in 38.200.010.1-1, preliminary plat
application 22294 is denied.
G. The basis of the Commission's decision includes the entire record of this matter,
including the applicant's materials and presentation,public comment, advisory board
opinions, the staff report and presentation, and Commission discussion and questions.
H. These findings of fact satisfy the requirements in 38.240.130.A.5.e, BMC and Montana
Code Annotated section 76-3-620.
I. The City Commission decision may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County. As outlined in 76-3-625, the petition must be presented
to the court within 30 days of the final decision.
DATED this end day of May , 2023
BOZEMAN CITY COMMISSION
DocuSigned by:
CYNTHIA L. ANDRUS
Mayor
ATTEST:
DocuSigned by:
g 6
..
DocuSigned by:
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
DocuSigned by:
SAS
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22294 Findings of Fact and Order for Shady Glen Subdivision Page 30 of 34
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-1, Residential Low Density District. The intent of the R-1
district is to provide for primarily single-household residential development and related uses
within the city at urban densities.
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)
CORRELATION WITH ZONING
The zoning districts which implement each future land use category are shown in relation to each future
land use category in chart below.For zoning district intent,see 38.300.For permitted uses,see38.310.
Urban Neighborhood 111n,
r 00 0 °o °o °0 4 00 4 CCC
R-S,R-1,R-2,R-3,R-4,R-5,R-O,REMU LLLLuuL���
RMH,B-1,PLI
Residential Mixed Use 4 °o°0 4 LLL�J ago
R-3,R-4,R-5,R-O,REMU,B-1,PLI
Community Commercial Mixed Use 4 00 4 Coo
00 O Una
000
R-O,REMU,B-1,B-2,B-21VI,UMU,NEHMU
PLI
13
Qaa4 D
B-211VI,B-3,PLI LEGEND
L'nLjl �pro f_, nr,A.l Housing
000
00 000
'gate Density Housing
B-2,B-2M,UMU,PLI ': drum Density Housing
ih Density Housing&
ooe 4 66 4 '.igh Use
® °o°o°o �ighborhood&Community
® o00 mmercial&Business
BP,M-1,NEHMU,PLI eli rrce
Downtown Business&
®® °ss Mixed Use
°e°ee Large Commercial&Business
M-1,M-2,BP,PLI
Maker Space
f } Mcnufacturing&Artisan
Public Lands.Parks,
PLI 1141 &Open Space
I ucational Facilities
Civic Buildings&Institutions
PLI 1111
58 BOZEMANw 2020 COMMUNITY PLAN
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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 by providing
lots that will support detached residential lots as well as two townhouse lots with affordable
housing units. The urban neighborhood designation recognizes that at times lower densities may
develop due to site constraints and/or natural features. The presence of water features and
wetlands on this site, as well as the access constraints limit the density that can be realized on the
property. However, the density provided is meeting the minimum of 5 dwelling units per acre
when the critical lands and common open space lands are removed from the gross lot size. The
townhouse and multi-household lots will support 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. As previously discussed, the subdivision relies on a recommendation of approval for
the Shady Glen PUDP, application 22293 that is being considered concurrently with this
preliminary plat application.
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 site has a Walk Score of 34, a Transit score of 7, and a Bike Score of 44. Average scores for
the city as a whole are out of 100: Walk Score 47; Transit Score 21; and Bike Score 62 These
values are provided by Walk Score, a private organization which presents information on real
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estate and transportation through walkscore.com. The algorithm which produces these numbers
is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are
influenced by proximity of housing, transit, and services and expected ability, as determined by
the algorithm, to meet basic needs without using a car. This site is an infill development,
surrounded by existing residential uses with complimentary uses such as schools, parks, grocery
stores, and employment opportunities within a relatively short distance. There are no adopted
development standards relating to the walk score.
The proposed development is adjacent to Glen Lake Rotary Park and is approximately .16 miles
from Story Mill Park. The subdivision is adjacent to an existing commercial neighborhood to the
south. While some of the businesses are heavier commercial uses that may not provide daily
services, there is a close coffee shop, convenience store, meadery, brewery among other services
that will provide daily destinations to future residents of the Shady Glen Subdivision. In addition,
Story Mill Community Center is.16 miles away. A unique outcome of the design of the
subdivision is many of these amenities are closer to walk to than they are to drive due to the
emergency access that serves as a dual pedestrian access. This design will further the walkability
goal of the growth policy.
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—3.3 Encourage distribution of affordable housing units throughout the City with priority
given to locations near commercial, recreational, and transit assets.
N-3.8 Promote the development of"Missing Middle"housing (townhouses, multi-household)
APPENDIX B —DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Bechtle Architects, 4515 Valley Commons Drive
201, Bozeman, MT 59718, representing the property owner Bridger Center LLC, Thomas
Murphy, 280 W Kagy Blvd Ste D-105 Bozeman, MT 59715.
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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/City Commission public meeting per BMC 38.220.420, The public notice
period for this application is set to run from February 26 through March 21, 2023, with
publications in the legal advertisements section of the Bozeman Daily Chronicle on Sunday,
February 26, and Sunday, March 5, 2023. The applicant posted public notice on the subject
property on February 26, 2023. The applicant sent public notice to all landowners of record
within 200-feet of the subject property via first class mail, on February 24, 2023.
APPENDIX D— OWNER INFORMA TION AND REVIEWING STAFF
Owner: Bridger Center LLC, Thomas Murphy, 280 W Kagy Blvd Ste D-105, Bozeman,
MT 59715
Applicant: Bechtle Architects,Nicole Boteilho, 4515 Valley Commons Drive 201, Bozeman,
MT 59718
Representative: Morrison Maierle, Mike Hickman, 2880 Technology Blvd, Bozeman, MT 59718
Report By: Lynn Hyde, Development Review Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed:
Application materials—Available through the Laserfiche archive, the full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=265045&dbid=0&repo=BOZEMAN 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:
https:Hgisweb.bozeman.net/Html5Viewer/?viewelfplanning
Public Comment:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=273209&dbid=0&repo=BOZEMAN
Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, Application
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Findings of Fact and Order for Shady Glen Preliminary Planned Unit Development, Application
22293