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HomeMy WebLinkAbout24533 Signed FOF24533 Findings of Fact and Order for Hidden Creek Subdivision Page 1 of 37 24533 Hidden Creek Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held - Monday, October 6, 2025 at 6:00 pm. City Commission meeting was held Tuesday, October 7, 2025 at 6:00 pm Project Description: A preliminary plat requesting to subdivide one lot into four lots zoned R-4 for civic and residential uses. The subdivision is proposed on a 9.82 acre tract, and is bound to the south by Durston Road, to the north by Juniper Street, to the west by Walton Homestead Subdivision, and to the east by unannexed land zoned by Gallatin County. The purpose of this subdivision application is to facilitate a future affordable housing development on the northern portion of the County owned tract. The southern portion of the county owned tract is proposed to remain used as a rest home. Project Location: Tract B Certificate of Survey No. 2439, Located in the South 1/4 of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Current Address 1221 W. Durston Road, South of Juniper Street, North of Durston Road, West of North 7th Avenue, East of Matheson Way. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board 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 24533 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable 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 24533 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: October 9, 2025 Staff Contact: Danielle Garber, Senior Planner Cody Flammond, Project Engineer Agenda Item Type: Consent (Quasi-judicial) Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 2 of 37 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 for Application 24533 and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on October 10, 2024 requesting to subdivide 9.82 acres to create two lots. One lot would contain the existing Gallatin County Rest Home, and a new northern lot would be created to facilitate an affordable housing project. On April 11, 2025 the applicant requested the application be revised to a 4-lot minor subdivision. With this revision, the originally planned northern lot was proposed to be further divided into 3 buildable lots with associated easements and right-of-way. Conditions of approval, code provisions, and findings for this 4-lot minor subdivision are contained in this report. The subject property is zoned R-4 (Residential High Density District). The proposed land use for the subdivision is multi-household (multi-family) residential. Lot 1 is intended for multi-household residential and currently proposed as the Hidden Creek affordable housing project under Site Plan (SP) Application 25084. Lot 2 is proposed to remain as the Gallatin County Rest Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be subject to further plan review and are currently proposed to be set aside for a community center and Community Land Trust homes, see application submittal Document 032 for proposed land uses. Exhibit 4 below shows proposed uses for Lot 1, and the locations of lots 3 and 4. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development. No city parks are currently proposed within the proposed subdivision. Directly to the north of the subject property is a dedicated public park that was platted as a part of the Oak Meadows subdivision. Another public park is located one block to the northwest called Walton Homestead Park. Lot 1 is exempt from parkland review during subdivision review per BMC 38.420.020.B.1 for lots greater than 5-acres. Required parkland or cash-in-lieu of parkland (CILP) must be reviewed with the subsequent site plan application for Lot 1. The applicant is required to address required parkland for lots 3 and 4 with this subdivision application and has proposed to provide CILP for lots 3 and 4 for residential developments of unknown density. The applicant has agreed to provide a non-financial guarantee for required infrastructure with this subdivision per BMC 38.270.080.B. With site plan Application 25084, the applicant has proposed to extend Oak Park Drive to the south and install public utilities. Right-of-way (ROW) width constraints exist for the extension of Oak Park Drive into the subject property due to the adjacent unannexed land to the east. The Director of Transportation and Engineering determined Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 3 of 37 that given the inability of the applicant to acquire a street and utility easement from the neighboring property for half of the full Oak Park Drive right-of-way, a half street on the applicant's property will be adequate for the proposed land use. Working with City staff the applicant created a compliant City half-street section and 33-foot easement that will be able to be expanded to a full section when the adjacent property to the east develops. This proposal is outlined under Document 008 – Streets, Roads, and Grades. The applicant has requested concurrent construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of BMC 38.270.030. Subsection D allows lots subject to site plan review to commence with vertical construction prior to installation of required infrastructure with concurrent construction approval. A concurrent construction request for construction of infrastructure and vertical construction of Site Plan 25084 will allow the applicant to complete infrastructure required to serve the proposed subdivision alongside on-site construction of the apartments. This concurrent construction plan was found to be sufficient by the Fire Department and staff. A gravel emergency access is proposed at the southern end of the future Oak Park Drive ROW from the rest home lot to facilitate secondary fire access from Durston Road. Final infrastructure review and approval and code provisions related to concurrent construction of infrastructure are located in Section 4 below. Exhibits 5-8 below show the proposed design of Oak Park Drive, as well as two pedestrian paths to be constructed east-west through the proposed subdivision to meet block length standards, and north-south through the rest home lot to connect residents to Durston Road and nearby sidewalks and schools. In addition, the development will extend a City water main from Juniper Street to the dead-end water main on the rest home property, effectively looping the water distribution network through the development. A ditch identified as an agricultural water users ditch runs along the east property line of the subject property. Document 027 contains a letter from Dan Triemstra, Secretary of the Farmers Canal Company, discussing the history of the ditch and that there are no longer means of diverting water to the ditch dated November 21, 2024. Per an email from Triemstra dated July 29, 2024 “The responsibility for maintaining laterals of Farmers Canal rests with the ditch users of each individual ditch.” Since ditch users are the only individuals that can declare a ditch abandoned, the applicant was instructed to work with the sole Agricultural Water User, Maxey Limited Partnership, to discuss removal or relocation of the ditch. An agreement between Maxey Limited Partnership and United Housing Partners or UHP (the site developer) is included in Document 27. This agreement allows the ditch to be moved further east to facilitate the construction of Oak Park Drive. Further discussion can be found in the staff analysis section for Agricultural Water User Facilities. Also see code provision 15 below for agricultural water user easement requirements. This subdivision application includes a departure request from BMC 38.320.030.A which provides a maximum lot area in R-4 of 2.5 acres. Lot 1 is proposed as 5.17 acres. Note 3 in this Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 4 of 37 code section states, “Departures from the maximum lot size requirements may be allowed where the planned development fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community objectives.” Staff supports approval of this departure due to the applicant’s proposed pedestrian path and roadway extensions and compatible residential development. The applicant’s departure narrative may be found under Document 004. On August 25, 2025 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 variances with this application. Waivers were granted during pre-application review from documentation of compliance with adopted standards per BMC 38.220.060A.1-19 from the following code sections: Surface water A.1, Floodplains A.2, Agriculture A.7, Parks and recreation facilities A.14, Neighborhood Center Plan A.15, Lighting plan A.16, Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing A.18. The City did not receive any written public comment on the application as of the writing of this report. On October 6, 2025, the Community Development Board (CDB) meeting, board members acting in their capacity as the Planning Board voted 4-1 to recommend approval of this subdivision application. No discussion was provided. Questions were asked of staff and the applicant regarding the Traffic Impact Study. No public comment was received. A video of the meeting may be viewed on the City’s streaming website. The final decision for this preliminary plat must be made by October 15, 2025 or 35 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.8. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting. 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 Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 5 of 37 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 .........................................................................................................2 Unresolved Issues. ...........................................................................................................2 Project Summary .............................................................................................................2 Alternatives .....................................................................................................................4 SECTION 1 – MAP SERIES ......................................................................................................6 SECTION 2 – REQUESTED VARIANCES ............................................................................. 14 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 14 SECTION 4 – CODE REQUIREMENTS ................................................................................. 16 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 22 SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 22 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 22 Documentation of compliance with adopted standards 38.220.060 ................................. 28 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 32 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 34 APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 36 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 36 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 36 FISCAL EFFECTS ................................................................................................................... 36 ATTACHMENTS ..................................................................................................................... 37 Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 6 of 37 SECTION 1 – MAP SERIES Exhibit 1 – Zoning Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 7 of 37 Exhibit 2 – Future Land Use Map Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 8 of 37 Exhibit 3 – Preliminary Plat (see full plat in file) Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 9 of 37 Exhibit 4 – Phasing Exhibit – North Lots Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 10 of 37 Exhibit 5 – Roadway and Pedestrian Path Exhibit Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 11 of 37 Exhibit 6 – Oak Park Drive Exhibit – North Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 12 of 37 Exhibit 7 – Oak Park Drive Exhibit – South Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 13 of 37 Exhibit 8 – Oak Park Drive Section Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 14 of 37 SECTION 2 – REQUESTED VARIANCES No variances are requested with this 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 plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. 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. 3. Section 38.270.080.B BMC allows a variety of means of providing for the security of improvements agreements, ensuring adequate maintenance of required improvements, coordinating the timing of development, and ensuring compliance with conditions of approval. The code allows both financial and non-financial securities to ensure installation and maintenance of required infrastructure. The method, terms, and amount of security must be acceptable to the city. The applicant has indicated in the application materials the preference to use nonfinancial securities to ensure completion of required infrastructure. To exercise this option with the final plat review, the following documents are required to be provided prior to final plat approval: a. The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by recording of a special restrictive covenant or deed restriction which may only be released by written agreement of the City. An Improvements Agreement listing all of the deferred infrastructure and securing installation with a non-financial guarantee of a deed restriction must be executed by both the Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 15 of 37 subdivider and subsequent owner(s)/developer(s). The city will provide a written document to the landowner releasing the security upon full completion and acceptance of the public improvements or execution of a subsequent Improvements Agreement secured with a financial guarantee for any improvements the City deems appropriate. b. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of withholding a certificate of occupancy until all required infrastructure improvements identified in the improvements agreement are accepted by the City or a subsequent improvements agreement with a financial security is executed ensuring installation. c. A deed restriction restricting the issuance of a certificate of occupancy of any building on all lots in the subdivision must be recorded. The deed restriction will require the current property owner and all known prospective owners to expressly acknowledge and consent that the City will withhold issuance of a certificate of occupancy for any building on all lots in the subdivision until all required infrastructure is completed and accepted by the City or its installation is subsequently guaranteed with a new Improvements Agreement and financial guarantee satisfactory to the City. d. A deed restriction restricting the issuance of building permits must be recorded for lots 3 and 4 detailing requirements for specific infrastructure completion and acceptance prior to building permit issuance. The deed restriction will require the current property owner and all known prospective owners to expressly acknowledge and consent that the City will withhold issuance of building permits for lots 3 and 4 until required infrastructure is completed and accepted by the City or installation is subsequently guaranteed with a new Improvements Agreement and financial guarantee satisfactory to the City. e. A separate deed restriction restricting the issuance of building permits must be recorded for lots 3 and 4 detailing the requirements for payment of cash-in-lieu of parkland dedication with subsequent site development. The deed restriction will require the current property owner and all known prospective owners to expressly acknowledge and consent that the City will withhold issuance of building permits for lots 3 and 4 until payment of cash-in-lieu of parkland dedication is satisfied. f. A note must be included on the plat referencing each deed restriction and the lot(s) to which each applies. g. A Certificate of Completion of Public Improvements must be added to the final plat that matches the language found in Sec. 38.240.450 BMC and must contain a list of all non-financially guaranteed improvements. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 16 of 37 4. Lots 3 and 4 may defer payment of required cash-in-lieu of parkland (CILP) dedication at the time of final plat application. CILP value listed on the final plat must include a note that CILP value is an estimate and that final CILP values will use the valuation in effect at the time an application for final plan approval on Lot 3 or 4 is complete. 5. If CILP payment is deferred at time of final plat application, CILP for Lot 3 and 4 must be paid with subsequent site plan application and development. SECTION 4 – CODE REQUIREMENTS 1. BMC 38.100.050 and 38.100.070 – General Provisions. Prior to final plat approval, the applicant must provide and file with the County Clerk and Recorder's office new executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to Juniper Street between 15th Avenue and 12th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to 12th Avenue between Juniper Street and Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to 14th Avenue between Juniper Street and Oak Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at 15th Avenue and Juniper Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at 14th Avenue and Oak Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage f. Intersection improvements at 12th Avenue and Oak Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 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 new filed SID waiver prior to final plat approval. 2. 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. 3. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 17 of 37 final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 4. Sec. 38.220.070.A.8. – Conditions of Approval Sheet. A sheet(s) of the plat depicting conformance with subdivision application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county clerk and recorder, and must include the following: a. List all easements and recorded document numbers on the Conditions of Approval Sheet, including existing easements and recorded documents and spaces to write in proposed easements and recorded documents. b. The Conditions of Approval Sheet shall contain the following, "The maintenance of all storm water facilities outside the public right-of-way is the responsibility of the property owners as defined in the Shared Stormwater Easement and Agreement.” 5. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. In addition to any other applicable certificates contained in these code sections the final plat must contain: a. Sec. 38.240.450.A – Certificate of Completion of Public Improvements. Where improvements are to be installed prior to final plat approval, the final plat subdivision must contain a certificate of completion of public improvements. The certificate must list all completed and accepted improvements, financially guaranteed improvements, and non-financially guaranteed improvements. This certificate will apply to all public infrastructure. b. Sec. 38.240.520 – Certificate of Completion of Non-Public Improvements. Where non-public improvements are to be installed prior to final plat approval, the final plat of subdivision must contain a certificate of completion of non-public improvements. The certificate must list all completed improvements, financially guaranteed improvements, and non-financially guaranteed improvements. This certificate will apply to all private infrastructure including the public access walkway running east-west through the subdivision, and the public access walkway running south to Durston from the subdivision. 6. Sec. 38.270.030.B & Sec. 38.270.030.D – Concurrent Construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. Concurrent construction approval is required prior to final plat approval. a. The following improvements must be installed to support the subdivision: The street extension of Oak Park Drive, a water main extension from the main extension on the rest home property to Juniper Street, a pedestrian pathway from Durston Road to Juniper Street, and improvements to Juniper Street to bring it up to City standards, a Sidewalk along Juniper Street from the intersection with 14th Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 18 of 37 Ave to intersection with Oak Park Drive, Stormwater inlet and infiltration facility at Juniper Street and Oak Park Drive intersection, a Street light at Juniper Street and Oak Park Drive intersection, and a Type B crosswalk striping at Oak Park Drive and Juniper Street intersection. Prior to final plat approval, the applicant must enter into an improvements agreement guaranteeing the completion of the required improvements. b. Sec. 38.270.030.D.2 - The property owner must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by any security or securities found in section 38.270.080. If a financial security is used, the amount will be determined by the city and in an amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit prices, where such are available. If no publicly bid unit prices are available, any cost estimate acceptable to the city may be used. The security must be in the name of the city and must be at least six months longer than the time of performance required by the improvements agreement. If a nonfinancial security is to be used, see Condition of Approval 4 above. c. Sec. 38.270.030.D.4 - Approval of the final engineering design, including location and grade, for any public infrastructure must be obtained from the engineering department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development. d. Sec. 38.270.030.D.6 - The developer must provide and maintain hazard and commercial general liability insurance. Insurance policies must not be cancelled without at least 45 days prior notice to the city. The commercial general liability policy must name the city as an additional insured. The developer must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof. e. Sec. 38.270.030.D.11 - The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 7. Sec. 38.270.030 – Concurrent Construction. The applicant has proposed to make stormwater improvements to the Gallatin County Rest Home property to keep flows from the parking lot from draining to the northern lots. The applicant must complete these improvements prior to final plat approval. 8. Sec. 38.270.090 – Development of Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. The subdivisions stormwater maintenance plan must include the following. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 19 of 37 a. Include the following statement "The property owners shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way as defined in the Shared Stormwater Easement and Agreement." b. The applicant must include the shared stormwater easement and agreement within the development’s stormwater maintenance plan. 9. Sec. 38.320.030.C – Form and Intensity Standards-Residential Districts. The location of the proposed new property line is shown as crossing through an existing accessory structure (identified as a shop on the plat) and an existing parking lot. In order to meet zoning standards for the new subdivision the shop structure and the parking areas not meeting required setbacks are required to be removed prior to final plat approval. An exhibit confirming removal of these features is required with the final plat submittal. 10. Sec. 38.400.020 – Streets. Prior to final plat approval, the applicant must provide the street and utility easement for Oak Park Drive. a. Sec. 38.400.020.A.2 - Prior to final plat approval, the applicant must provide all the final approved items required in BMC 38.400.020.A.2 for the proposed privately maintained streets. 11. Sec. 38.400.040.A.2 – Street Names. Street names must be reviewed and approved by the County's geographic information systems and City Engineering Department prior to final plat approval. The applicant must submit written approval from both entities with the final plat application. 12. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form in accordance with the City of Bozeman Lighting and Electrical Specifications. The approval to create or annex to an existing SILD must be granted prior to occupancy of any building in the subdivision. 13. Sec. 38.410.040 – Blocks. All pedestrian access easements used to mitigate block length must be developed with walkways prior to final plat approval or be included in an improvements agreement prior to final plat approval. Pedestrian walks must be constructed as a city standard sidewalk and comply with the provisions of section 38.400.080. 14. Sec. 38.410.060 - Easements. 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. 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. b. The applicant must provide a front setback utility easement along Juniper Street, Oak Park Drive, and Durston Road prior to final plat. c. Prior to final plat approval, the applicant must provide a 10-foot pedestrian access easement for the sidewalk connecting the Oak Park drive right-of-way to Durston Road. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 20 of 37 d. Prior to final plat approval, the applicant must provide the 10-foot pedestrian access easement for the proposed east-west pathway. e. Prior to final plat approval, the applicant must provide the water and sewer easements for the existing and proposed water and sewer mains. f. Prior to final plat, the applicant must provide a public drainage easement for all stormwater facilities located on private property that accept drainage from the public right-of-way. 15. Sec. 38.410.060 – Easements For Agricultural Water User Facilities. The applicant has proposed to move a portion of the existing irrigation ditch from its current location on the property border of the subject property and the adjacent property approximately seven feet to the east, which will relocate the ditch on the adjacent Maxey Limited Partnership property. Pursuant to 38.410.060.D.1.a.(2), a water user facility easement must provide a minimum easement width of ten feet on each side of irrigation canals and ditches. Additionally, the applicant has proposed to locate Oak Park Drive over the top of the ditch and ditch easement, which does not comply with the requirement of 38.410.060.D.1.c, which generally prohibits the placement of structures or the planting of vegetation other than grass within the agricultural water user facility easement and would result in overlapping easements for the required right-of-way and the water user facility. The applicant has identified one impacted water user, Maxey Limited Partnership, claiming a water right from the existing ditch. Maxey Limited Partnership owns the adjacent land on which the relocated ditch and associated easement are proposed to be located. The following items are required to comply with section 38.410.060.D: a. On the final plat application, the applicant must comply with 38.410.060.A.1 by describing, dimensioning, and showing, the true and correct location of all easements, including the water user facility and its associated easement. b. Prior to final plat approval, the applicant must provide to the City written approval from the impacted water user and adjacent property owner for the relocation of the ditch to the east in a manner that ensures the ditch and accompanying maintenance easement do not overlap with the right-of-way for Oak Park Drive, providing consent to the encroachment or impairment of the ditch as required by MCA 70-17-112(3), and the recordation of a ditch easement encumbering the adjacent property. Relocation of the ditch should also avoid overlap with any other easement or required infrastructure, including the gravel emergency only access and the pedestrian access easement. If overlap of the ditch easement with the gravel emergency only access and the pedestrian access easement is unavoidable due to necessary ditch and maintenance easement location, prior to final plat approval, the applicant must provide the City with an executed agreement with the adjacent property owner that grants permission for any encroachment into the water user facility easement and must clearly demonstrate that the Maxey Limited Partnership understands and accepts that backfill and grading changes associated with moving the irrigation ditch and construction of infrastructure, including Oak Park Drive, the emergency access, and pedestrian facilities, will take place on their property c. Prior to final plat approval, the applicant must provide to the City a water user facility easement encumbering the adjacent property for the benefit of all who hold a water right conveyed by the ditch and executed by all owners of the Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 21 of 37 adjacent property. The easement must be acceptable to the Bozeman City Attorney, include all notices to future owners required by 38.410.060.D.6, and must be recorded simultaneously with the final plat. The easement must be prepared as a document separate from the final plat, but may be referenced on the final plat. d. Prior to final plat approval, the developer’s professional engineer must certify that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to the realignment or relocation of the ditch, pursuant to 38.410.060.D.3. e. The applicant is advised that as an alternative to providing the documents required by code provision 15.a-d described above, the applicant may provide the City with evidence that the water user facility and associated “easements have been extinguished pursuant to state law, or the holder of the easement consents in writing to the extinguishment, or the easement is not required per subsection D.2” in which case the developer may remove ditch laterals from within the subdivision, as provided in BMC section 38.410.060.D.5. 16. Sec. 38.410.080.D – Grading and Drainage. The applicant is proposing multiple lots under separate ownership that will discharge to shared stormwater retention facilities. Pursuant to BMC 38.200.010.D.11. The City engineer will grant an exception to the development to utilize a shared stormwater easement and agreement instead of a separate private lot for stormwater management. Prior to final plat approval, the applicant must provide a copy of the recorded Shared Stormwater Easement and Agreement (Agreement) that has been approved by the City. a. The shared stormwater easement and agreement must include adequate details summarizing maintenance requirements, associated costs, access to the facilities, and other necessary provisions as outlined in 38.220.320. 17. Sec. 38.410.130 - Water Adequacy. The City Water adequacy code must be satisfied at the final plat approval. The applicant has indicated they intend to pay cash-in-lieu of water with future development to satisfy the code. Water adequacy code requirements may be deferred until future development. A note must be included on the plat to notify future owners of the restriction pursuant to 38.410.130.C and approved by Staff prior final plat approval. 18. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication. a. Sec. 38.420.020.A.2.a.(2) – Lots 3 and 4 are subject to parkland dedication requirements for an area equal to that required for eight dwelling units at the time of preliminary plat. Subsequent development of Lots 3 and 4 may require additional cash-in-lieu pursuant to section 38.420.020.A.2.b. b. Sec. 38.420.020.B.1 – Lot 1 is larger than 5 acres and exempt from parkland dedication at time of preliminary plat. Development of Lot 1 may require parkland dedication pursuant to section 38.420.020.C. c. Sec. 38.420.030.C – The valuation used for calculating the CILP amount due will be the valuation in effect at the time an application for final plat or final plan approval is complete. The applicant must update the parkland tracking table to Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 22 of 37 reflect the appraisal value in effect at the time of final plat application or final plan. 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 August 25, 2025. On October 6, 2025, the Community Development Board (CDB) meeting, board members acting in their capacity as the Planning Board voted 4-1 to recommend approval of this subdivision application. No discussion was provided. Questions were asked of staff and the applicant regarding the Traffic Impact Study. No public comment was received. A video of the meeting may be viewed on the City’s streaming website. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.8. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory 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 Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 23 of 37 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 and City Commission public meetings 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. Review of this subdivision was conducted 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 October 10, 2024. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on January 23, 2025, March 14, 2025, May 7, 2025, and July l9, 2025, With each submittal, the DRC determined the application was still not sufficient for continued review. A revised application was received on August 13, 2025. The DRC determined the application was adequate for continued review August 25, 2025 and recommended conditions of approval and the code corrections for the staff report. The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. No public comment had been received on this application as of the writing of this report. On September 29, 2025 a major subdivision staff report for a subsequent minor subdivision was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board and City Commission. On October 6, 2025, the Community Development Board (CDB) meeting, board members acting in their capacity as the Planning Board voted 4-1 to recommend approval of this subdivision application. No discussion was provided. Questions were asked of staff and the applicant regarding the Traffic Impact Study. No public comment was received. A video of the meeting may be viewed on the City’s streaming website. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 24 of 37 The final decision for this preliminary plat must be made by October 15, 2025 or 35 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. On October 7, 2025, the City Commission voted unanimously 5-0 to approve consent agenda items H.2 – H.17. This subdivision was approved with that vote as agenda item H.8. No discussion was provided. A video of the City Commission meeting may be viewed on the City’s streaming website. No public comment was received. Before the vote, the City Manager provided a memo from staff updating the City Commission on the proceedings of the October 6, 2025 CDB meeting. 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 (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – Document 028 contains the preliminary analysis for water adequacy, water and sewer main availability, proposed easements, and demand calculations for water systems improvements in the proposed subdivision, stamped by a professional engineer licensed in the State of Montana. This information was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions the City’s review requirements at the preliminary level. With the concurrent construction and improvements agreement proposal in the application, further review of infrastructure will commence during subsequent review of the proposed site plan application. Per the submittal “There is an existing 8” ductile iron watermain that extends north from Durston and ends in the Gallatin County Rest Home parking lot.” With future development, the proposed site plan will tie into this water main on the Rest Home property, be constructed north through the proposed Oak Park Drive easement, and will connect to the water main at the intersection of Juniper Street and Oak Park Drive. This water main extension will satisfy the City’s water main looping standard and provide redundancy in the municipal water system that will increase the reliability of the utility. There are two existing sewer mains that run through the subject property. Per the submittal there is an “… existing 18” asbestos concrete sewer main running through the north side of the site and an existing 24” asbestos concrete sewer main running along the eastern edge of the site.” With existing wastewater infrastructure currently present on the site, service line connections will be achievable during subsequent development with no sewer main extensions necessary. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 25 of 37 Final plans and specifications will be prepared and reviewed after action on the preliminary plat, during infrastructure review with Public Works. Code provision 17 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in any amount determined by the Director of Utilities, prior to development. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 14 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 will be located within dedicated street right of ways, within existing easements, or within new easements. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the designated public right of way. Additional required easements include easements for all shared stormwater facilities, pedestrian access easements to mitigate block length, and an agricultural water user’s easement for the sections of the unnamed ditch located on the eastern edge of the property. All easements must be provided using the City’s standard language. Ten-foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. Copies of additional existing easements are required to be provided with the final plat application. Required easements are outlined in code provisions 14, 15, and 16. Parks – The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu of parkland (CILP) payment to the city. No parkland dedication is proposed with this minor subdivision. Lot 1 is exempt from parkland review during subdivision review per BMC 38.420.020.B.1 for lots greater than 5-acres. Required parkland or cash-in-lieu of parkland (CILP) must be reviewed with the subsequent site plan application for Lot 1. The parkland requirements will only apply to Lots 3 and 4. Commission Resolution No. 4784 provides criteria for evaluation of CILP proposals. The size of Lot 3 (0.184 acres) and Lot 4 (0.427 acres) limit the practicability of dedicating park. Additionally, there are several existing parks within 0.50 miles of the subject property, including Oak Meadows Park, Walton Homestead Park, Westlake Park, and Kirk Park. The acceptance of CILP enables accomplishment of other city priorities and is also the expressed preference of the developer. Condition of approval 5 allows Lot 3 and Lot 4 to defer CILP payment at the time of final plat approval. Condition of Approval 3.e and Condition of approval 4 requires Lot 3 and Lot 4 to file deed restrictions ensuring CILP is paid prior to any residential development approvals for those lots. Code provision 18 provides requirements for subsequent site plan development including final evaluation and determination of parkland dedication requirements and determination of final cash-in-lieu values. A final cash-in-lieu value will be determined at the time of final plat of Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 26 of 37 final plan approval and must be reflected in the parkland tracking table provided on the conditions of approval sheet for the plat. Lot 1 CILP must be evaluated and paid with the subsequent site plan application for the affordable housing project (Site Plan Application 25084). Stormwater – A stormwater management memo was provided by WWC Engineering under Document 029. This memo details proposed stormwater improvements evaluated with this preliminary plat application. The Hidden Creek development proposes two stages of stormwater improvements. Since the undeveloped lot area to the north of the existing rest home currently captures overland drainage flows from the developed rest home area, the applicant is proposing to provide new stormwater improvements on the northwest corner of the Rest Home property to capture flows from the existing parking lot draining to the northern lots where the new Lots 1, 3, and 4 are proposed to be created. Code provision 7 requires the applicant to make these improvements prior to final plat approval. No development of lots 1,3, and 4 is proposed with this subdivision application. Condition of approval 3 requires deed restrictions be put in place to ensure delivery of required infrastructure prior to building permit issuance or certificate of occupancy issuance for these lots if the applicant requests a non-financial guarantee for completion of required improvements with their final plat application. This will ensure compliance with required infrastructure improvements but will allow the site developer to take on financial responsibility for subdivision infrastructure. Code Provision 6 outlines requirements with a concurrent construction request. The second stage of stormwater development for this site is currently proposed to occur under site plan application 25084. The applicant also included a copy of the preliminary stormwater management design report for the subsequent site plan application (#25084). This report was prepared and stamped by a professional engineer with WWC Engineering and is located under application Document 029. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, and the Bozeman Municipal Code. The site plan will construct stormwater control facilities to conform to municipal code and design standards. The applicant is proposing multiple lots under separate ownership that will discharge to shared stormwater retention facilities. Prior to final plat approval, the applicant must provide a copy of the recorded Shared Stormwater Easement and Agreement (Agreement) that has been approved by the City. The Agreement needs to include adequate details summarizing maintenance requirements and associated costs for the shared stormwater facilities. This requirement is located under code provision 16 in this report. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. An associated plat note is required per code provision 3 to notify future property owners of their requirements for ongoing maintenance of these stormwater facilities. Agricultural water user facility – The applicant provided documentation of downstream agricultural water users and notification. In accordance with BMC 38.360.280, notice was Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 27 of 37 provided to those users with this preliminary plat application. There is one ditch used to convey water for agricultural uses along the east property line of the subject property. Document 027 contains a letter from Dan Triemstra, Secretary of the Farmers Canal Company, discussing the history of the ditch and that there are no longer means of diverting water to the ditch dated November 21, 2024. Per an email from Triemstra dated July 29, 2024 “The responsibility for maintaining laterals of Farmers Canal rests with the ditch users of each individual ditch.” Since ditch users are the only individuals that can declare a ditch abandoned, the applicant was instructed to work with the sole Agricultural Water User, Maxey Limited Partnership, to discuss removal or relocation of the ditch. An agreement between Maxey Limited Partnership and United Housing Partners or UHP (the site developer) is included in Document 44. This agreement allows the ditch to be moved further east to facilitate the construction of Oak Park Drive. An agricultural water user’s easement must be provided per code provision 15. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. Per code provision 15, Alterations to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70-17-112. Documentation of the approval must be provided for the alterations of the agricultural water user facilities prior to final plat approval. In addition, the applicant must secure the necessary easements and agreements from the Maxey Limited Partnership to fill in and move the irrigation ditch from the property boundary onto the Maxey Limited Partnership property in order to construct Oak Park Drive up to the property boundary prior to final plat approval. If unavoidable due to necessary ditch and maintenance easement location, approval from the easement holder for encroachments into the agricultural water user’s easement necessary for the function of the site, including along the proposed Oak Park Drive right-of-way used for an emergency gravel access road, and along the east side of the rest home lot to facilitate pedestrian access are required to be provided with final plat. The agreement must clearly demonstrate that the Maxey Limited Partnership understands and accepts that backfill and grading changes associated with moving the irrigation ditch and the construction of Oak Park Drive will take place on their property. Prior to final plat approval, the developer’s professional engineer must certify that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to the realignment or relocation of the ditch, pursuant to 38.410.060.D.3. These code provisions are required to ensure compliance with state and local law regarding agricultural water user facilities, and to ensure maintenance access to the remaining ag. water facility user. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. For lots subject to site plan review, addressing will be provided following the plan review process, and are dependent on the design Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 28 of 37 and arrangement of buildings. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. A secondary fire access is proposed at the southern end of the terminus of Oak Park Drive and has been evaluated by the Fire Department. The fire access is considered required infrastructure to be completed per an approved concurrent construction plan, and will be evaluated further during the infrastructure review process. 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 14 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 generally located within dedicated street right of ways. Easements for the future roadway along the east side of the lot is required prior to final plat approval. 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 two parcels within the subdivision with the recommended conditions of approval and code provisions. Lots 1 and 2 will have legal and physical access to each lot from an existing public street. Lots 3 and 4 will have legal access following final plat approval via a required easement for the future Oak Park Drive extension per code provision 14. Lots 3 and 4 will not have physical access. The applicant has requested an improvements agreement for required infrastructure with a non-financial guarantee to secure final plat approval. With the final plat application submittal, the application will be subject to condition of approval 3 and code provision 6. To exercise the option of a non-financial guarantee, Condition 4 requires a deed restriction withholding building permits be filed for lots 3 and 4 detailing the requirements for infrastructure completion and acceptance prior to building permit issuance. The deed restriction will include an acknowledgment and consent language and must be executed by the subdivider and subsequent owner(s)/developer(s). Per condition 3.f, a plat note must also be included with the final plat application referencing deed restrictions as a notification for all future property owners. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on March 8, 2024 and no variances were requested. Waivers were granted during pre- application review from documentation of compliance with adopted standards per BMC 38.220.060A.1-19 from the following code sections: Surface water A.1, Floodplains A.2, Agriculture A.7, Parks and recreation facilities A.14, Neighborhood Center Plan A.15, Lighting plan A.16, Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing A.18. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 29 of 37 38.220.060.A.1 – Surface water Supplemental documentation of compliance with this adopted standard was waived during the pre-application review. See above analysis for Agricultural Water Users Facilities. 38.220.060.A.2 - Floodplains Supplemental documentation of compliance with this adopted standard was waived during the pre-application review. No floodplains are located on the subject property and no flood hazard evaluation was required by reviewing staff. 38.220.060.A.3 - Groundwater A groundwater investigation was completed between May 2024 and July 2024 by IMEG and is provided in the application documents under Document 023 within the Geotechnical Investigation Report. This report has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division against code requirements in Chapter 38 and engineering design manuals and was found to meet standards. Per the report “Groundwater or seepage was not observed within the exploratory test pits excavated during the site visit. Evidence of seasonally high groundwater was also not observed within the depth of exploration.” No groundwater hazards to future residents or structures was identified by staff, and no code provisions related to groundwater have been provided. 38.220.060.A.4 - Geology, Soils and Slopes No significant geological features or slopes exist on the site. A geotechnical investigation report was provided by IMEG and has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division for compliance with City standards. This is located in application Document 023. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities were identified on site. A vegetation memo is located under Document 024. Per the memo “A noxious weed management and revegetation plan for this property has been created by 406 Weeds and is included in this submittal.” 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property or observed or mapped threatened or endangered species. The applicant provided a technical memo under Document 025. An email from Montana Fish, Wildlife, and Parks (MT FWP) was provided and is dated December 4, 2024. Per the email “FWP area biologists have reviewed the proposal and have no comments to offer.” 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The site an undeveloped lot mostly surrounded by urban development. No continuance of agricultural activities is proposed as the subdivision is developed through current and future phasing. The area is zoned for residential uses per the R-4 Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 30 of 37 zoning district. Supplemental documentation of compliance with adopted standards per this section was waived with the pre-application review. Adjacent intermittent agricultural uses are present along the eastern property boundary. Document 027 contains a draft agreement with the adjacent property owner regarding providing and maintaining a fence line between the subject property and the adjacent agricultural uses. 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. Also see Document 027. 38.220.060.A.9 - Water and Sewer Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above. 38.220.060.A.10 - Stormwater Management See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will provide adequate improvements to support the proposed development by extending a local street to provide local street access to the proposed developable lots. The applicant has agreed to provide a non-financial guarantee for required infrastructure with this subdivision per BMC 38.270.080.B. With site plan Application 25084, the applicant has proposed to extend Oak Park Drive to the south and install public utilities. Right-of-way (ROW) width constraints exist for the extension of Oak Park Drive into the subject property due to the adjacent unannexed land to the east. The Director of Transportation and Engineering determined that given the inability of the applicant to acquire a street and utility easement from the neighboring property for half of the full Oak Park Drive right-of-way, a city half street on the applicant's property will be adequate for the proposed land use. Working with City staff the applicant created a compliant half-street section and 33-foot easement that will be able to be expanded to a full section when the adjacent property to the east develops. This proposal is outlined under Document 008 – Streets, Roads, and Grades. No phasing of infrastructure and no development of lots 1,3, and 4 is proposed with this subdivision application. Easements are required to be provided with final plat for all required street and pedestrian transportation connections. Condition of approval 3 requires deed restrictions be put in place to ensure delivery of required infrastructure prior to building permit issuance or certificate of occupancy issuance for these lots if the applicant requests a non- financial guarantee for completion of required improvements with their final plat application. This will ensure compliance with required infrastructure improvements but will allow the site developer to take on financial responsibility for subdivision infrastructure. Code Provision 5 outlines requirements with a concurrent construction request. Future roadway locations, easements, and design are located in Document 30. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 31 of 37 A Traffic Impact Study (TIS) dated September 2025, stamped and signed by a professional engineer, was provided and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements including trip distribution, intersection function, crash data, and level of service. The findings for this report states “As proposed, the Hidden Creek Community will not create any roadway capacity problems in this area. The existing signalized intersections on 15th Avenue at Oak Street and Durston Road will function adequately through full build-out of the project with no modifications. Most other intersections within the study area will function well within capacity through 2040.” City staff concurs with the findings in the TIS. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy, and Charter Communications for the proposed subdivision. These responses are provided under Document 031. 38.220.060.A.13 - Land Use The subject property is zoned R-4 (Residential High Density District). The proposed land use for the subdivision is multi-household (multi-family) residential. Lot 1 is intended for multi- household residential and currently proposed as the Hidden Creek affordable housing project under Site Plan (SP) Application 25084. Lot 2 is proposed to remain as the Gallatin County Rest Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be subject to further plan review and are currently proposed to be set aside for a community center and Community Land Trust homes, see application submittal Document 032 for proposed land uses. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development. 38.220.060.A.14 - Parks and Recreation Facilities Supplemental documentation of compliance with this adopted standard was waived during the pre-application review due to exemptions for required parkland per BMC 38.420.020.B.1 for lots greater than 5-acres. On April 11, 2025 the applicant requested the application be revised to a 4- lot minor subdivision. With this revision, the originally planned northern lot was proposed to be further divided into 3 buildable lots with associated easements and right-of-way. Lots 3 and 4 are subject to required parkland with this subdivision. The proposed subdivision will provide cash- in-lieu of parkland dedication. The proposal meets the criteria of Commission Resolution 4784. The Parks Department reviewed the parkland proposal, also see the discussion above under the primary review criteria. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. Supplemental documentation of compliance with this adopted standard was waived during the pre-application review due to the size of the development falling under 10 net acres. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 32 of 37 38.220.060.A.16 - Lighting Plan Supplemental documentation of compliance with this adopted standard was waived during the pre-application review for street lighting. 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. A Special Improvement Lighting District (SILD) must be created prior to occupancy of any buildings in the subdivision. Code provision 10 is related to this requirement. 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. Supplemental documentation of compliance with this adopted standard was waived during the pre-application review. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. Proposed future site development for affordable housing will be evaluated with the subsequent site plan application. 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 October 7, 2025 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 meeting in the provided staff report. D. The City Commission requested public comment at the public meeting on October 7, 2025 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 Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 33 of 37 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 4 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. 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 76-3-616, MCA. The preliminary approval of this minor subdivision shall be effective for one (1) year from the date of the signed Findings of Fact and Order approval. At the end of this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2025 BOZEMAN CITY COMMISSION _________________________________ TERENCE CUNNINGHAM Mayor Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 October21st 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 34 of 37 ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 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. This purpose is accomplished by: 1. Providing for minimum lot sizes in developed areas consistent with the established development patterns while providing greater flexibility for clustering lots and mixing housing types in newly developed areas. 2. Providing for a variety of compatible housing types, including single and multi-household dwellings to serve the varying needs of the community's residents. 3. Allowing office use as a secondary use, measured by percentage of total building area. Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or served by transit to accommodate a higher density of residents in close proximity to jobs and services. The proposed subdivision is appropriate for this zone because it will add housing variety to the area near mixed-use and commercial districts and areas served by transit. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 35 of 37 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) 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. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing opportunity for residential development on an infill parcel. The proposed newly created lots will be in close proximity to commercial and mixed-use areas, as well as schools. The proposed subdivision is also planning pedestrian amenities that will connect residents to Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 36 of 37 nearby parks, schools, and the larger pedestrian transportation network. Density and individual uses will be evaluated at the time of development against the R-4 zoning requirements. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.1 Promote housing diversity. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. DCD - 1 Support urban development within the city. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, WWC Engineering, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718, representing owner, Gallatin County, 311 W. Main Street, Suite 304, Bozeman, MT 59715. 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 City scheduled public notice for this application to begin on August 25, 2025. The applicant posted public notice on the subject property on August 22, 2025. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on August 21, 2025. The city did not receive any written public comment on the application as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Gallatin County, 311 W. Main Street, Suite 304, Bozeman, MT 59715 Applicant: WWC Engineering, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718 Representative: Same as Applicant Report By: Danielle Garber, Senior Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4 24533 Findings of Fact and Order for Hidden Creek Subdivision Page 37 of 37 ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 25433. The application materials are available in the City’s Laserfiche archive for Application 24533 and may be accessed through the Community Development viewer The following documents and drawings are available in the online public archive: • Hidden Creek Preliminary Plat • Departure Request • Streets, Roads, and Grades • Phased Improvements • Geology, Soils, and Slopes • Vegetation • Wildlife • Agricultural Water User Facilities • Water and Sewer • Stormwater Management • Streets, Roads, and Alleys • Non-Municipal Utilities • Land Use • Draft Shared Stormwater Easement and Agreement • Agreement with Maxey Limited Partnership Docusign Envelope ID: 604AB501-0C17-4AB0-A548-592818CA48D4