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Home My WebLink About24112 Signed Findings of Fact and Order24112 Findings of Fact and Order for SRX II Subdivision Page 1 of 39 24112 SRX II 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 application for a subsequent minor subdivision requesting to further subdivide 5 lots in Minor Subdivision 494. The subdivision proposes to create 3 buildable lots, 1 restricted development lot, and road right-of-way extensions. The subdivision is proposed on 35.06 acres and is zoned B-2M and REMU. Project Location: Lots 1-4, Block 1 of Minor Subdivision No. 494, Located in the Northwest Quarter of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Addresses TBD, northeast of the corner of West Graf Street and South 19th Avenue 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 24112 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 24112 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 Simon Lindley, Project Engineer Agenda Item Type: Consent (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 for Application 24112 and may be accessed through the Community Development viewer. Unresolved Issues. There are no unresolved issues with this application. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 2 of 39 Project Summary The Department of Community Development received a Preliminary Plat Application on March 13, 2024 requesting to subdivide 35.06 acres to create 3 buildable lots, 1 restricted development lot, and associated right of way. The subject property is zoned REMU (Residential Emphasis Mixed Use) and B-2M (Community Business District - Mixed). Proposed land uses for the subdivision are primarily commercial, mixed-use, and multi- household residential (multi-family). Exhibit 7 below shows proposed uses over the entire subdivision. Block 1 is intended for mixed use and commercial development and is included in the phase 1 buildable lots south of Staudaher Street. Block 2 is intended for multi-family residential and currently proposed as the Sage Peak and Alder affordable housing project under Site Plan (SP) Application 24122, also called Alder Ridge and Sage Peak in the submittal materials. Future phases in restricted development lots to the north of phase 1 are currently proposed as commercial mixed use, multi-household residential, and open space or parkland. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU and B-2M Zoning. No city parks are currently proposed within the proposed subdivision. Future parkland may be dedicated at the northeast corner of the site to facilitate wetlands preservation if proposed at the time of subdivision for the restricted lot and acceptable to the Parks Department. A cash-in-leu of parkland (CILP) request is outlined in the application narrative under Document 001. Directly to the north of the subject property is a dedicated public park called Southwood Park, that was platted as a part of the South University District Phase 3 subdivision. As a part of the CILP request, phase 1 infrastructure improvements include a direct trail connection from the Block 2 residential development (SP 24122) along the future South 15th Avenue dedication to Southwood Park. Three local streets are proposed within phase 1 of the subdivision. Extensions of South 17th Avenue and South 15th Avenue north from Graf Street, and a leg of Staudaher Street connecting South 19th Avenue to South 15th Avenue. Jarrett Subdivision, under Application 23072, is an approved preliminary plat to the east of the subject property. With this approval, Staudaher street is proposed to connect through from South 13th Avenue to South 11th Avenue. A public street and utility easement exists for the leg of Staudaher Street from South 15th Avenue to South 13thAvenue and this street will be constructed with a future phase of the Allison Subdivision. The northwest corner of this subdivision, immediately adjacent to the subject property and Southwood Park is proposed as a public park in future phases. However, it is important to note that this subdivision has not yet received final plat approval, and a different development proposal may eventually be submitted with a different proposed street alignment and park location that will be evaluated at the time of submittal. South 15th and South 17th Avenues are proposed to connect north through the proposed restricted lot to Arnold Street with future phases of this subdivision. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 3 of 39 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 24122 is located in the application under Document 013 – Appendix L – Concurrent Construction Letter. This concurrent construction plan has been approved by the Fire Department and found to be sufficient following review from Planning and Engineering staff. Final infrastructure review and approval and code provisions related to concurrent construction of infrastructure are located in Section 4 below. A phasing exhibit under Drawing 004 shows proposed infrastructure and the location of Block 1, Block 2, and Restricted Lot 1. A jurisdictional water course and associated jurisdictional wetland, as determined by the Army Corps of Engineers, are present on the subject property. These are associated with the Middle Creek Ditch containing Mandeville Creek that runs along the west side of the property next to 19th Avenue, and a wetland area in the center of the property identified formally as W-A or Wetland A in the jurisdictional determination contained in Document 047 and Document 047.1. Additional surface water present on the subject property includes an eastern channel of Middle Creek Ditch, located in the South 15th Avenue future right-of-way that was determined to be non-jurisdictional, and an existing stormwater pond just to the north of the existing roundabout on Graf Street for South 15th Avenue. A jurisdiction determination means that a Department of the Army 404 permit and approved mitigation plan for impacted areas of the wetland is required prior to commencement of construction activities. Page 8 of Document 044.01 contains an exhibit and calculation of impacted watercourse and wetland areas. To facilitate construction of infrastructure required to serve the subdivision 0.48 acres or 21,122 square feet of wetland area and 0.01 acres or 374 square feet of waterway are proposed to be impacted by the proposed subdivision. All impacts are proposed to allow construction of Staudaher Street and South 17th Avenue and a portion are located on the future developable Lot 2, Block 2. A majority of Wetland A is located in Restricted Lot 1 and subject to further subdivision review prior to development. Proposed impacts including the northern extension of South 17th Avenue to Arnold Street will be evaluated at the time of application. The eastern channel of Middle Creek Ditch, also referred to as the “Drain Ditch” has been abandoned by the Middle Creek Ditch Company (MCDC). A letter from the president of MCDC was provided under Document 046.1, and a recorded extinguishment of the ditch easement was provided under Document 046. Agricultural water users and rights remain for Mandeville Creek along the west side of the property along South 19th Avenue. Pursuant to Sec. 38.410.060.D BMC, written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. Further analysis of the is located below in the staff analysis section for Surface Water. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 4 of 39 On August 8, 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. Two waivers were granted during pre-application review for BMC 38.220.060.A.7 for review of Agriculture, and BMC 38.220.060.A.17 for review of Miscellaneous standards. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by November 4, 2025 or 60 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. On October 6, 2025, the Community Development Board (CDB) acting in their capacity as the Planning Board voted unanimously 5-0 to recommend approval of this subdivision application. No discussion was provided. A question was asked of staff regarding stormwater design and the temporary stormwater facilities proposed within the restricted lot which staff answered. No public comment was received. A video of the CDB 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.9. 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, and correcting an exhibit error in the staff report. An error on page 7, exhibit 2 – Future Land Use Map showed an outdated map indicating the incorrect future land use map designation for a portion of the subject property. During review of the application the applicant concurrently submitted a Growth Policy Amendment (GPA) and Zone Map Amendment (ZMA). Both applications were approved by the City Commission on August 13, 2024. Resolution 5639 was adopted on September 10, 2024 amending the future land use map to show a designation of Community Commercial Mixed Use in the southwest corner of the subject property. The City Commission was further informed that staff analysis of the adopted growth policy designation, which begins on Page 32 of the staff report, contained findings for the correct designation. The only change that needed to be made to the staff report, was to the map on page 7, exhibit 2. Further information about the GPA and ZMA applications can be found on Page 35 of this report. The provided exhibit showed the correct future land use map with a designation of Community Commercial Mixed Use in the southwest corner of the subject property associated with B-2M zoning, and Urban Neighborhood for the rest of the property associated with REMU zoning. This corrected exhibit has been provided as Exhibit 2, on page 7 of this report. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 5 of 39 Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 6 of 39 TABLE OF CONTENTS EXECUTIVE SUMMARY .........................................................................................................1 Unresolved Issues. ...........................................................................................................1 Project Summary .............................................................................................................2 Alternatives .....................................................................................................................5 SECTION 1 – MAP SERIES ......................................................................................................7 SECTION 2 – REQUESTED VARIANCES ............................................................................. 14 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 14 SECTION 4 – CODE REQUIREMENTS ................................................................................. 14 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 20 SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 21 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 21 Documentation of compliance with adopted standards 38.220.060 ................................. 26 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 31 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 33 APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 38 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 38 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 38 FISCAL EFFECTS ................................................................................................................... 39 ATTACHMENTS ..................................................................................................................... 39 Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 7 of 39 SECTION 1 – MAP SERIES Exhibit 1 – Zoning Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 8 of 39 Exhibit 2 – Future Land Use Map - CORRECTED Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 9 of 39 Exhibit 3 – Phase 1 Preliminary Plat (see all sheets in file) Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 10 of 39 Exhibit 4 – Phasing Exhibit – Phase 1 (see all sheets in file) Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 11 of 39 Exhibit 5 – Landscaping Plan West Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 12 of 39 Exhibit 6 – Landscaping Plan East Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 13 of 39 Exhibit 7 – Land Use Plan Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 14 of 39 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. The subject property is located within the Meadow Creek Subdivision Signal, Water and Sewer payback district boundaries. If the subject property did not participate in the original cost of construction of improvements, or previously pay the payback fees, the subject property will be accessed the payback charges prior to final plat approval. Reference document: https://weblink.bozeman.net/weblink/0/doc/181718/Electronic.aspx https://weblink.bozeman.net/weblink/0/doc/181719/Electronic.aspx https://weblink.bozeman.net/weblink/0/doc/129437/Electronic.aspx 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. 38.100.050 & Sec. 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 Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 15 of 39 executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the following: a. Street improvements to S 19th Avenue between Graf Street and Stucky Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to S 15th between Graf Street and Arnold Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Arnold Street between S 19th Avenue and S 11th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to S 17th between Graf Street and Arnold Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at S 19th and Graf Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at S 19th Avenue and Stucky Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at S 19th Avenue and Kagy Boulevard 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. 3. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. 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.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and/or final plat approval whichever is sooner. A permission form from the ditch owner and downstream water user must be provided to modify a ditch. Ditches must follow historical drainage. 4. Sec. 38.220.060.A.1 – Surface Water. The following code provisions must be addressed during the infrastructure review. a. Sec. 38.220.130.A.3.a.3 & 38.610.090.A.9 - Pervious fill materials must be utilized for the subdivision roadway base sections, where feasible, to assure that all reasonable efforts have been made to reduce impacts to the wetland hydroperiod. The applicant must provide more detailed plans for the proposed stormwater ponds, including the outfall. The design elements for the roadway Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 16 of 39 base sections and stormwater ponds must be reviewed and approved by the Engineering Department as part of the public infrastructure plan set. b. Sec. 38.220.130.A.3.c & BMC 38.610.090.A.10 - The applicant must install signage during phase 1 construction stating the area within phase 2 is a wetland and is not to be disturbed or filled. The construction plan must be reviewed and approved by the Engineering Department as part of the public infrastructure plan set. c. Sec. 38.220.130.A.2.b - The applicant must provide a construction plan to remove the soil stockpiles from the restricted lot and plant native grass species during phase 1. The design elements must be reviewed and approved by the City of Bozeman as part of the public infrastructure plan set. 5. 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 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. 6. 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. The Conditions of Approval Sheet shall contain the following, "This is a known area of high groundwater. No crawl spaces or basements 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 provides supporting groundwater data prior to release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged into streets, such as into the curb and gutter where they create a safety hazard for pedestrians and vehicles." b. 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. c. 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’ association (POA)." 7. Sec. 38.220.310, and 320. Property Owners’ Association. Final Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. 8. 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 Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 17 of 39 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. b. Sec. 38.240.530 – Certificate of Water Related Improvements. Any well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 9. 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. 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. b. 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 c. 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. d. 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. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 18 of 39 10. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. a. The subdivisions stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all permanent and temporary stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. 11. Sec. 38.360.280 – Agricultural water user facilities. 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 City infrastructure approval. Additionally, with the infrastructure submittal please identify the party responsible for the maintenance of the culvert and provide a maintenance plan for the pipe. If an entity other than the Owner/POA will be responsible, written approval for the design and maintenance plan must be provided prior to scheduling of the pre-construction conference. 12. 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. 13. Sec. 38.400.060.B.4 – Street Improvement Standards. The proposed project is located within one-half mile of the intersection of South 19th Avenue and Stucky Road. The SRX II Subdivision Traffic Impact Study indicates the subject intersection will not meet the City's level of service standard at full buildout in the design year required per BMC 38.400.060.B.4. The intersection of South 19th Avenue and Stucky Road is scheduled for improvement in the City's Capital Improvement Plan within the next three years. Per BMC 38.270.070.C, the applicant must pay cash-in-lieu for the SRX II proportional share of the capital facility prior to Final Plat approval. 14. Sec. 38.400.090.G – Access. A 1 foot "No Access" strip shall be placed along the Graf Street frontage for the full length of the development, with the exception for the South 17th Avenue connection at the roundabout. A 1 foot "No Access" strip shall be placed along the South 19th Avenue frontage for the full length of the development, with the exception for the Staudaher connection. 15. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant must widen the existing sidewalk to a 10-foot shared use path along West Graf Street adjacent to the development with the initial phase. The applicant must widen the existing sidewalk to a 10-foot shared use path along S 19th from West Graf Street to Staudaher Street with the initial phase. 16. 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 Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 19 of 39 preliminary plat approval in hard copy and digital form in accordance with the City of Bozeman Lighting and Electrical Specifications. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The approval to create or annex to an existing SILD must be granted prior to Final Plat Approval. 17. 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, including temporary easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. Alterations to agricultural water user facilities must be approved by all owners of the facility. Additional placement of private infrastructure within the public right- of-way must be approved by the City Engineer. Written approval from the Middle Creek Ditch Company (MCDC) must be provided prior to City infrastructure approval for the alteration, including installation of culverts, of the MCDC facilities located in existing or proposed public ROW or easement. c. All roads on the preliminary plat showing as future right of way must be dedicated as easements and must be reviewed, approved, executed by applicable owners, and the City Commission, and filed with the County Clerk and Recorders office prior to phase 1 final plat approval. 18. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural water user easement meeting the requirement of 38.410.060.D.1. must be dedicated for the sections of the Middle Creek Ditch Company facilities located on the property prior final plat approval and notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from the final plat but may be referenced on a final plat. a. Sec. 38.410.060.D BMC, written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. b. In consideration of comments received from the Middle Creek Ditch Company, letter dated August 9th, 2024 in response to notice provided to the company from the developer per Sec. 38.360.280 BMC, to pipe the existing ditch within the right of way of S. 19th Ave final written approval must be obtained from middle creek ditch company, as required under MCA 70-17-112, prior to infrastructural approval. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 20 of 39 19. Sec. 38.410.130 - Water Adequacy. The City Water adequacy code must be satisfied at the final plat approval. The applicant has indicated an intention to either transfer water rights or pay cash-in-lieu of water rights (CILWR) to satisfy the code. The water adequacy determination must be finalized and either the water rights transfer and/or payment of CILWR completed occur prior to approval. The applicant is encouraged to reach out to City staff prior to submitting the final plan application with the water rights intended for transfer. If, however, the applicant wishes to defer for commercial/multi- family lots 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 be approved by Staff prior to final plat approval. 20. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash- in-lieu value established at time of final plat approval. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. 21. Sec. 38.420.110 – Recreation Pathways. The proposed recreation pathway connecting Block 2 to the Southwood Park is required to be installed prior to final plat approval. This path may be financially guaranteed as a part of the concurrent construction plan and infrastructure review. 22. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of initial development install landscaping, boulevard trees and an irrigation system in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas prior to final plat approval. Prior to installing landscaping in these areas, the developer must submit a landscaping and irrigation plan to the city for review and approval. The landscape and irrigation plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. 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 8, 2025. On October 6, 2025, the Community Development Board (CDB) voted unanimously 5-0 to recommend approval of this subdivision application. No discussion was provided. A question was asked of staff regarding stormwater design and the temporary stormwater facilities proposed within the restricted lot which staff answered. No public comment was received. A video of the CDB 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.9. 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. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 21 of 39 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 specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearings 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 March 13, 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. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 22 of 39 A revised application was received on April 8, 2024, August 16, 2024, November 6, 2024, April 23, 2025, and June 20, 2025. With each submittal, the DRC determined the application was still not sufficient for continued review. A revised application was received on July 18, 2025. The DRC determined the application was adequate for continued review August 8, 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. 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) voted unanimously 5-0 to recommend approval of this subdivision application. No discussion was provided. A question was asked of staff regarding stormwater design and the temporary stormwater facilities proposed within the restricted lot which staff answered. No public comment was received. A video of the CDB 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.9. 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, and correcting an exhibit error in the staff 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 (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – Document 019 contains the preliminary design report for water systems improvements in the proposed subdivision, stamped by a professional engineer licensed in the State of Montana. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 23 of 39 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. The proposed design will tie into a single existing water main in South 19th Avenue and Graf Street, to create a looped distribution system within the development. With future phases a main planned for West Arnold Street will be stubbed into the development, and proposed mains at the intersections of South 15th Avenue and Staudaher Street and South 17th Avenue and Staudaher Street will be stubbed for a connection to the north. The water design report contains an analysis for expected water demand for these water main extensions. Per the design report, “there is adequate volume and pressure to supply domestic and fire service for all buildings in the proposed development.” Final plans and specifications will be prepared and reviewed after action on the preliminary plat. Document 018 contains the preliminary design report for wastewater systems in the proposed subdivision and is stamped by a professional engineer licensed in the state of Montana. 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 City of Bozeman Wastewater Facility Plan. Per the report “The flows from SRX-II Phase 1 will generally flow to the north to a 10-inch main along Staudaher and convey west to S 19th Avenue connecting to an 18-inch main.” With future development of the restricted lot an 8-inch sewer main is proposed to connect to a sewer main within Arnold Street. The wastewater design report contains an analysis for expected average daily demand created by future development on the subject property based on zoning density. Per the report “The property is within the wastewater planning boundary for the City of Bozeman as described in the 2015 City of Bozeman Wastewater Collection System Facilities Plan.” The existing downstream sewer infrastructure in South 19th Avenue “can handle the increase in flows based on information in the 2015 City of Bozeman Wastewater Collection Facilities Plan Update.” A distribution map and analysis of future downstream pipe upgrades in the long term was provided and it was determined that “All the pipes that require long term upgrades have adequate capacity for this development.” Code provision 19 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 provisions 17 and 18 require 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. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 24 of 39 designated public right of way. Additional required easements include public drainage easements for all stormwater facilities located on private property, and an agricultural water user’s easement to ensure maintenance access for all downstream agricultural water users. 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. An existing 10-foot public sidewalk easement provides the necessary right-of-way for the public to utilize the proposed shared use path along 19th Avenue. Copies of additional existing easements are required to be provided with the final plat application. 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 subsequent minor subdivision. The parkland requirements will only apply to Phase 1 Block 2 zoned REMU and proposed for residential development. Phase 1 Block 1 is zoned B-2M and allows a mixture and variety of residential and commercial uses but is not required to develop with residential uses. If residential uses are proposed within Phase 1 Block 1, park and recreation requirements will be evaluated at the time of application for site development. Commission Resolution No. 4784 provides criteria for evaluation of CILP proposals. Those are the travel distance to an existing park being within 0.50 miles, the acceptance of CIL enables accomplishment of other city priorities, and it is the expressed preference of the developer. The applicant has provided a schematic drawing under Document 042 showing the location of all nearby parkland and travel paths. Southwood Park is directly to the North and the most readily accessible from the Block 2 development. In lieu of a sidewalk or street connection, since N. 15th Avenue and Arnold Street are not yet developed, phase 1 infrastructure improvements include a direct trail connection from the Block 2 residential development (SP 24122) along the future South 15th Avenue dedication to Southwood Park. Depending on seasonality, this improvement may be financially guaranteed with the final plat application. The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu of parkland dedication payment. Park and Recreation requirements using a net residential land area of 7.11 acres and maximum dedication of 12 dwelling units per acre (8 du as land dedication and 4 du as CILP) result in an initial requirement of 1.71 acres of land dedication with an additional 0.85 acres of land equivalent as cash-in-lieu. The applicant proposes 1.71 acres of adjusted land dedication equivalent as cash-in-lieu for a total of 2.56 acres of cash-in-lieu of parkland dedication. There are code provisions related to parkland, listed as code provisions 20 and 21. Code provision 20 requires the applicant to update the cash-in-lieu of parkland dedication (CILP) value accordingly at final plat application. This provision ensures the CILP value is based on the most recent up to date evaluation. Code provision 21 requires the applicant to construct the direct trail connection from the Block 2 residential development (SP 24122) along the future South 15th Avenue street dedication to Southwood Park prior to final plat approval. This Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 25 of 39 provision ensures that future residents will have sufficient pedestrian access to nearby park and recreation facilities until full buildout of subdivision infrastructure with phase 2 is completed. Stormwater – A preliminary stormwater design report was prepared by a professional engineer with Morrison Maierle and is located under application Document 017. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standards and Specifications, the City’s design standards, and the Bozeman Municipal Code. The subdivision will construct stormwater control facilities to conform to municipal code and design standards. Per the report “Stormwater will generally be conveyed using storm drain mains to ponds …” Changes to existing drainage conditions are proposed including relocating a remnant ditch adjacent to South 15th Avenue in to the “24” storm conveyance within the 15th Street ROW.” The existing temporary drainage pond located north of the roundabout on W Graf Street receives runoff from Graf Street and the subdivision to the south. “This pond will be filled in and the volume will be relocated to a temporary retention pond created northwest of the intersection of South 17th Avenue and Staudaher Street, eventually conveyed to a permanent basin along the northern boundary of the property.” Another temporary retention pond is proposed northwest of the intersection of Staudaher Street and South 15th Avenue. Code provision 10 details required development or maintenance of common areas and facilities to be maintained by the property owners’ association. 10a requires the property owners’ association to maintain all stormwater facilities outside of the public right-of-way and incorporate a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. Agricultural water user facility – The applicant provided documentation of downstream agricultural water users and notification, in accordance with BMC 38.360.280, was provided to those users with this preliminary plat application. There is one surface water facility, which is classified as both a natural stream and a ditch used to convey water for agricultural uses, or a “stream-ditch,” that cross the subject property. The Mandeville Creek/Ditch is an irrigation ditch along the western side off the proposed subdivision and is the primary facility to be impacted with this application that is linked to agricultural water use, due to the development of Phase 1 and the required connection of Staudaher Street to South 19th Avenue. The facility along the eastern edge of the development, known as eastern channel of Middle Creek Ditch, also referred to as the “Drain Ditch” has been abandoned by the Middle Creek Ditch Company (MCDC). A letter from the president of MCDC was provided under Document 046.1, and a recorded extinguishment of the ditch easement was provided under Document 046. Agricultural water users and rights remain for Mandeville Creek along the west side of the property along South 19th Avenue. Pursuant to Sec. 38.410.060.D BMC, written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. This requirement is outlined under code provision 11. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 26 of 39 An agricultural water user’s easement must be provided per code provision 18. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. Per code provision 18a and 18b, 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 City infrastructure approval. Additionally, with the infrastructure submittal the applicant must identify the party responsible for the maintenance of the culvert and provide a maintenance plan for the pipe. If an entity other than the Owner/POA will be responsible, written approval for the design and maintenance plan must be provided prior to scheduling of the pre-construction conference for infrastructure improvements. These code provisions are required to ensure that downstream agricultural water users are not impacted, and appropriate access for maintenance is provided per state law. 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 and arrangement of buildings. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. 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 17 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 and alley right of ways. Easements for future roadways within restricted lot areas are 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 each parcel within the subdivision. All the proposed lots in phase 1 will have frontage on public streets. Code provision 14 requires a 1’ no access strip along South 19th Avenue and West Graf Street except where road intersections are proposed. Access to Block 1 and Block 2 will be achieved from South 15th Avenue, South 17th Avenue, and Staudaher Street once constructed. 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. Two waivers were granted during pre-application review for BMC 38.220.060.A.7 for review of Agriculture, and BMC 38.220.060.A.17 for review of Miscellaneous standards. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 27 of 39 Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water A jurisdictional water course and associated jurisdictional wetland, as determined by the Army Corps of Engineers, are present on the subject property. These are associated with the Middle Creek Ditch containing Mandeville Creek that runs along the west side of the property next to South 19th Avenue, and a wetland area in the center of the property identified formally as W-A or Wetland A in the jurisdictional determination contained in Document 047 and Document 047.1. Additional surface water present on the subject property includes an eastern channel of Middle Creek Ditch, located in the South 15th Avenue future right-of-way that was determined to be non-jurisdictional, and an existing stormwater pond just to the north of the existing roundabout on Graf Street. Additional analysis of the agricultural water user facilities and stormwater systems is located in subsection 4 above. A jurisdiction determination means that a Department of the Army 404 permit and approved mitigation plan for impacted areas of the wetland is required prior to commencement of construction activities. Page 8 of Document 044.01 contains an exhibit and calculation of impacted watercourse and wetland areas. To facilitate construction of infrastructure required to serve the subdivision 0.48 acres or 21,122 square feet of wetland area and 0.01 acres or 374 square feet of waterway are proposed to be impacted by the proposed subdivision. All impacts are proposed to allow construction of Staudaher Street and South 17th Avenue, and a portion are located on the future developable Lot 2, Block 2. A majority of Wetland A is located in Restricted Lot 1 and subject to further subdivision review prior to development. Proposed impacts, including the northern extension of South 17th Avenue to Arnold Street through the restricted lot with Phase 2, will be evaluated at the time of subdivision application for phase 2. Per Document 044.01 “The proposed fill of 0.49 acres within the 4.94-acre PEM wetland will result in a measurable loss of wetland area and function. To offset this loss, the USACE determined that 0.23 functional wetland credits must be purchased.” The City’s wetland consultant, Naiad Aquatic Consultants, LLC, provided scientific review of the applicant’s wetland delineation (Document 045) and associated response letters. Overall Naiad provided review of the initial wetland delineation and provided corrections on April 28, 2024. Three subsequent submittals were provided by the applicant and reviewed by Naiad. A final letter from Naiad was provided to the city and the applicants on July 18, 2025. This letter identifies ongoing protection measures to reduce impacts to the wetland hydroperiod, manage construction, and remove existing soil stockpiles from within the wetland area. These requirements are outlined in code provision 4 under Surface Water and required with the infrastructure plan set. Code provision 3 requires the applicant to 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.). Any required permits must be obtained by the applicant and provided to the Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 28 of 39 Community Development Department prior to construction and/or final plat approval whichever is sooner. As outlined in the Ag. Water findings above written approval must be obtained from the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. 38.220.060.A.2 - Floodplains 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 May 2023 to September 2023 by Morrison Maierle and provided in the application documents under Document 016. 13 groundwater monitoring wells were recorded on the dates indicated in the report This report was evaluated by the Engineering Division against code requirements in Chapter 38 and engineering design manuals and was found to meet standards. Groundwater levels beneath the proposed subdivision experience seasonal variations but are generally relatively high. The groundwater levels onsite range between approximately 1 and 5 feet below existing grade based on well monitoring performed from May 2023 to September of 2023 and was highest during the spring runoff season. Storm treatment structures for the subdivision were designed with bottom elevations above the seasonal high ground water level to ensure they will drain as required. Code provision 6 describes the restrictions on crawl spaces, basements and sump pumps. These restrictions are required to be provided on the conditions of approval sheet on the plat as a requirement for all current and future lot owners. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. A geotechnical investigation report was provided by Rawhide Engineering Inc. 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 015. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities were identified on site. A vegetation map is located in application Document 038. A summary of wetland and riparian plants on site was provided in Document 044. 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 aquatic resources on the property have been impacted by agricultural crop production and are used for irrigation water supply. The applicant provided a technical memo from Morrison Maierle, prepared environmental by scientists originally dated January 8, 2024. A letter from Montana Fish, Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 29 of 39 Wildlife, and Parks (MT FWP) was provided and is dated November 22, 2023. MT FWP did not “have any fish and wildlife comments to provide at this time.” 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The site is historically used for irrigated crops and no continuance of agricultural activities is proposed as the subdivision is developed through current and future phasing. The area is zoned for residential, commercial, and mixed uses under the REMU and B-2M zoning. Supplemental documentation of compliance with adopted standards per this section was waived with the pre-application review. No adjacent agricultural uses are present. 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 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 under primary review criteria. 38.220.060.A.10 - Stormwater Management The stormwater infrastructure will be designed to meet City of Bozeman Standards. 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 and nearby areas by enhancing multi-modal transportation and providing local street access to proposed developable lots. Three local street are proposed within phase 1 of the subdivision. South 17th Avenue and South 15th Avenue are two north-south running local streets proposed within the subdivision. Staudaher Street is the east-west running local street. South 17th Avenue will continue the previously approved street section from the South University Phase 3 Subdivision to the north and will include 70 feet of right-of-way with on-street bike lanes and on-street parking. The abandoned ditch located within the South 15th Avenue right-of-way will be piped within the South 15th Avenue right-of-way to continue the historical stormwater flow path from subdivisions to the south. All infrastructure will be constructed in one phase. The applicant has requested concurrent construction for the 3 developable lots. The restricted lot will require further subdivision review. The concurrent construction letter lists required infrastructure improvements for concurrent construction and required improvements prior to final plat approval that may be financially guaranteed. A Traffic Impact Study (TIS) dated March 2024, stamped and signed by a professional engineer, was provided and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements. This report includes an analysis of Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 30 of 39 existing conditions for streets, intersections, bike and pedestrian facilities, intersection capacity, and crash history. This report also analyzes trip generation, trip distribution, and traffic impacts from the proposed subdivision and subsequent development including mitigation recommendations. This report found that “any network and bicycle/pedestrian improvements adjacent to the site should be constructed as consistent with recommendations in the Bozeman Transportation Master Plan (2017) and aligned with the design of adjacent facilities and developments.” Code provision 13 is related to traffic impacts and states that the proposed project is located within one-half mile of the intersection of South 19th Avenue and Stucky Road. The SRX II Subdivision Traffic Impact Study indicates the subject intersection will not meet the City's level of service standard at full buildout in the design year required per BMC 38.400.060.B.4. The intersection of South 19th Avenue and Stucky Road is scheduled for improvement in the City's Capital Improvement Plan within the next three years. Per BMC 38.270.070.C, the applicant must pay cash-in-lieu for the SRX II proportional share of the capital facility prior to Final Plat approval. Phase 2, or other adjacent development will be required to construct Arnold Street along the northern property boundary of the subject property. Other proposed mitigation requirements will be evaluated with subdivision review for the phase 2 restricted lot based on adopted standards at the time of application. Code provision 15 is related to bicycle and pedestrian movement and requires the applicant to widen the existing sidewalk to a 10-foot shared use path along West Graf Street adjacent to the development with the initial phase. The applicant must widen the existing sidewalk to a 10-foot shared use path along S 19th from West Graf Street to Staudaher Street with the initial phase. Development of the restricted lot will require additional expansion of the shared use path moving north. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy, Charter, and Yellowstone Fiber for the proposed subdivision. These responses are provided under application documents 39-41. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the REMU and B-2M zoning districts. Proposed land uses for the subdivision are primarily commercial mixed use and multi- household (multi-family). Exhibit 7 shows proposed uses over the entire subdivision. Block 1 is intended for mixed use and commercial development and is included in phase 1. Block 2 is intended for multi-household residential apartments and associated site improvements. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU and B-2M Zoning. 38.220.060.A.14 - Parks and Recreation Facilities 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. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 31 of 39 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. Developments may be exempted from this requirement if every lot within the development is within one-half mile of an existing neighborhood center. The proposed subdivision is within a half mile of Southwood Park with a required recreational trail connecting the subdivision to the park via the South 15th Avenue ROW with Phase 1. Additionally, Phase 1 Block 1 is zoned B-2M with future commercial and mixed- use development planned that will serve as a commercial center for the subdivision. Direct pedestrian access to the park will be available via the street and sidewalk network proposed with the subdivision layout with Phase 2 development through the restricted lot. 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. A Special Improvement Lighting District (SILD) must be created prior to final plat application. Code provision 16 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 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 Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 32 of 39 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 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 Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 October21st 24112 Findings of Fact and Order for SRX II Subdivision Page 33 of 39 Mayor 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 REMU, Residential Emphasis Mixed Use. The intent of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 34 of 39 c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 35 of 39 9. Providing standards and guidelines that promote sustainable design Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The proposed subdivision is appropriate for this zone because of the proposed residential development and the adjacent B-2M zoned commercial node that will create a walkable, mixed-use area. The proposed developable REMU zoned lots are subject to site plan review to achieve the purpose and intent of this zoning district. Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or equal to five acres in size prior to development. The purpose of the master site plan is to evaluate development against the REMU supplemental use provisions in BMC 38.310.060, and the REMU district special standards in BMC 38.330.020. The REMU district special standards provide minimum standards for development review intended to create urban public spaces and a vibrant public realm. The applicant provided a request to the Director of Community Development to waive this requirement as each lot will be developed independently with no shared common areas or design. This request was supported by the Director and by staff. The proposed developable REMU zoned lots in Block 2 will be subject to site plan review under a single developer and will not be associated with the development of the B-2M zoned lot. Restricted Lot 1 to the north is subject to further subdivision review. At the time of further development of that lot, the applicant may be required to submit a master site plan review in accordance with this code requirement. The subject property is also zoned B-2M, Community Business District – Mixed. The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The proposed subdivision is appropriate for this zone because it places a commercial node along a major arterial that can serve both the immediate neighborhood and the larger area south of the University. While development details for the B-2M zoned Phase 1 Block 1 lot are unknown at this time, B-2M allows a variety of commercial uses including restaurants, retail, offices, and services and encourages primary and secondary residential uses. 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) Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 36 of 39 The subject property is designated as Urban Neighborhood for Restricted Lot 1 and Block 2. 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 opportunities for residential develop along a busy arterial corridor and collector street adjacent to a B-2M commercial node. The proposed subdivision is also planning pedestrian and vehicular connections to nearby neighborhoods for a more complete transportation grid for all Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 37 of 39 modes of travel. Density and individual uses will be evaluated at the time of development against the REMU zoning requirements. Block 1 of the subject property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. The proposed subdivision is well suited to implement the Community Commercial Mixed Use land use category by providing a developable lot for neighborhood commercial uses at the intersection of a busy arterial and collector street. This lot is subject to subsequent site plan review against the B-2M zoning district. Allowable uses in the associated B-2M district mean that the lot may develop with neighborhood commercial uses, mixed uses, high density residential uses, or a combination. Exhibit 7 contains the proposed land use plan. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development. N-1.9 Ensure multimodal connections between adjacent developments. Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 38 of 39 N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-3.9 Ensure an adequate supply of appropriately designated land to accommodate Low Income Housing Tax Credit development in qualifying census tracts. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD 2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application was submitted to the City of Bozeman by the applicant and owner, Providence Development, 1450 Twin Lakes Avenue, Suite 201, Bozeman, MT 59718. The subject property was recently re-zoned, and the growth policy was amended to facilitate the proposed zoning of B-2M and REMU. The below applications pertain to this previous work: • SRX II GPA 24195 • SRX II ZMA 24196 A public hearing to consider both applications was conducted on August 13, 2024. The agenda with links to the application materials can be found in the City’s public document repository. Both applications were approved by the City Commission. The subsequent resolution to amend the growth policy was adopted under Resolution 5639 on September 10, 2024 and the subsequent ordinance to change the zoning was completed on September 24, 2024 by final adoption of Ordinance 2170. The current zoning districts of REMU and B-2M used to evaluate this application were effective on October 24, 2024. 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. No public comment had been received on this application as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Providence Development, 1450 Twin Lakes Avenue, Bozeman, MT 59718 Applicant: Same as Owner Representative: Same as Owner Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444 24112 Findings of Fact and Order for SRX II Subdivision Page 39 of 39 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. 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 24112. Project documents are available at this direct link to the public Laserfiche archive for application 24112. Individual documents and drawings are also linked above in the body of the report. The following documents and drawings are available in the online public archive: • Preliminary Plat Sheet 1 • Preliminary Plat Sheet 2 • Preliminary Plat Sheet 3 • Phasing Exhibit – Phase 1 • Phasing Exhibit – Future Phase • Plat Narrative • Land use Docusign Envelope ID: 857C2B0E-3168-4A00-8AD3-A915B918B444