HomeMy WebLinkAbout008 Appendix G - Findings of Fact21016, City Commission Findings of Fact, the Eastlake Professional Center Minor Subdivision Page 1 of 20
Bozeman City Commission Findings of Fact and Order for the Eastlake
Professional Center Minor Subdivision 21016
Public Hearing Date: City Commission meeting was held on June 8, 2021 at 6:00 pm. Via
WebEx. https://www.bozeman.net/government/city-commission/city-commission-video
Project Description: A subsequent minor preliminary plat application to allow the subdivision
of 7.65 acres into four commercially-zoned lots.
Project Location: The property is legally described as Minor Subdivision 221E, Section 26,
Township 01 South, Range 05 East, Lot 1A, Bozeman, Montana. The property is zoned
B-2M, Community Business District - Mixed.
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended 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 21016 and move to approve the Eastlake Professional Center
Minor Subdivision with conditions and subject to all applicable code provisions.”
Report Date: July 13, 2021
Staff Contact: Jacob Miller, Assistant Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on April,
14, 2021 requesting a subsequent minor subdivision of one lot of 7.65 acres to four
commercially-zoned lots. Lot 1A is currently undeveloped land.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. State statute requires a public hearing before a City Commission
decision.
On May 5, 2021 the Development Review Committee (DRC) found the application adequate for
continued review and recommends the conditions and code provisions identified in this report.
The subdivider did not request any subdivision or zoning variances with this application. The
City received two public comments on the application as of the writing of this report, both of
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which offered no objection to the project. The final decision for a subsequent minor subdivision
preliminary plat must be made within 60 working days of the date it was deemed adequate; in
this case by July 5, 2021.
The public hearing date for the City Commission was June 8, 2021. The hearing was held via
WebEx.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 7.65 acres into four commercially-zoned lots. There was one member of the public that spoke
at the hearing and voiced opposition to the project which can be viewed at the link below.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under June 8, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
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 hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 7
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 11
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 11
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 11
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 13
Preliminary Plat Supplements ........................................................................................... 15
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
FISCAL EFFECTS ....................................................................................................................... 20
ATTACHMENTS ......................................................................................................................... 20
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan 2020 Future Land Use
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Exhibit 3 – Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The 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. The existing 10 foot utility easement must be released prior to final plat and cannot be
shown on the final plat.
3. If not already filed for the subject site, the applicant must provide and file with the
County Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) for the following:
a. Street improvements to North 27th Avenue including paving, curb/gutter, sidewalk,
and storm drainage
b. Street improvements to Catamount Street including paving, curb/gutter, sidewalk,
and storm drainage
c. Street improvements to East Valley Center Road including paving, curb/gutter,
sidewalk, and storm drainage
d. Intersection improvements to North 27th Avenue and Catamount Street
e. Intersection improvements to East Valley Center Road and Catamount Street
f. Intersection improvements to North 27th Avenue and East Valley Center Road
g. Intersection improvements to North 19th Avenue and East Valley Center Road
h. 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 said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination
thereof. The applicant must provide a copy of the filed SID waiver prior any future
development.
4. The proposed project falls within the Bozeman Solvent Site boundary. The property is
underlain by an aquifer contaminated with perchloroethylene (PCE). No irrigation wells
may be installed on this property and any excavation and dewatering will require
additional construction oversite. Please contact the Montana Department of
Environmental Quality for additional information on construction requirements within
the solvent site.
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5. There is a discrepancy in the number and location of water main valves between the
preliminary plat and the master site plan. The proposed water main plan must match the
master site plan prior to final plat.
6. Due to known high groundwater conditions in the area no basements will be permitted
with future development of the site. No crawl spaces will be permitted with future
development of the site, unless a professional engineer registered in the State of Montana
certifies that the lowest point of any proposed structure is located above the seasonal high
groundwater level and provide supporting groundwater data prior to the release of
building permit. In addition, sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are also not allowed to be connected to the drainage system
unless capacity is designed into the drainage system to accept the pumped water. Water
from sump pumps may not be discharged onto streets, such as into the curb and gutters
where they may create a safety hazard for pedestrians and vehicles.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.220.070. - Final plat.
a. The final plat must conform to all requirements of the Bozeman Municipal Code
and the Uniform Standards for Monumentation, Certificates of Survey, and Final
Subdivision Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM)
and must be accompanied by all required documents, including certification from
the City Engineer that record drawings for public improvements were received, a
platting certificate, and all required and corrected certificates.
b. A letter from the city engineer certifying that the following documents have been
received:
i. As-built drawings, i.e., copies of final plans, profiles, grades and
specifications for public improvements, including a complete grading and
drainage plan.
c. Noxious weed MOU. 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.
d. Irrigation system as-builts. The developer must provide irrigation system as-builts,
for all irrigation installed in public rights-of-way and/or land used to meet parkland
dedication requirements, once the irrigation system is installed. The as-builts must
include the exact locations and type of lines, including accurate depth, water source,
heads, electric valves, quick couplers, drains and control box.
e. A conditions of approval sheet addressing the criteria listed in this section must be
provided with the final plat as set forth in 24.183.1107 ARM and must:
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i. Be entitled "Conditions of Approval of [insert name of subdivision]" with a
title block including the quarter-section, section, township, range, principal
meridian, county, and, if applicable, city or town in which the subdivision
is located.
ii. Contain any text and/or graphic representations of requirements by the
governing body for final plat approval including, but not limited to, setbacks
from streams or riparian areas, floodplain boundaries, no-build areas,
building envelopes, or the use of particular parcels.
iii. Include a certification statement by the landowner that the text and/or
graphics shown on the conditions of approval sheet(s) represent(s)
requirements by the governing body for final plat approval and that all
conditions of subdivision application have been satisfied.
iv. Include a notation stating that the information shown is current as of the
date of the certification, and that changes to any land-use restrictions or
encumbrances may be made by amendments to covenants, zoning
regulations, easements, or other documents as allowed by law or by local
regulations.
v. Include a notation stating that buyers of property should ensure that they
have obtained and reviewed all sheets of the plat and all documents recorded
and filed in conjunction with the plat, and that buyers of property are
strongly encouraged to contact the local community development
department and become informed of any limitations on the use of the
property prior to closing.
vi. List all associated recorded documents and recorded document numbers.
vii. List easements, including easements for agricultural water user facilities.
2. Sec. 38.220.310. - Property owners' association.
a. The responsibility of maintenance for the stormwater facilities, and street frontage
landscaping for the perimeter streets must be that of the property owners’
association. Maintenance responsibility must include, all vegetative ground cover,
boulevard trees and irrigation systems in the public right-of-way boulevard strips
along all external perimeter development streets. The property owners’
association must be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all perimeter street frontage landscaping and
stormwater facilities and all open space landscaping.
b. All public access areas to be owned and maintained by the property owners
association.
The final plat must contain the above listed notations on the Conditions of Approval sheet
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3. Sec. 38.400.060. - Street improvement standards; Sec. 38.400.060. - Street improvement
standards.
a. North 27th Ave must be constructed to the City’s Collector standard including
curb gutter and sidewalk from the southern edge of the property line to the
intersection of Valley Center Drive.
4. Sec. 38.400.090. - Access.
a. A 1 foot no access strip shall be placed along all lots fronting East Valley Center.
b. Lot access must be constructed to the standard set forth by the City of Bozeman
Design Standards and Specifications Policy, and the City of Bozeman
Modifications to the State Public Works Standard Specifications per Bozeman
Municipal Code requirements.
The final plat must contain the above listed notations on the Conditions of Approval sheet
5. Sec. 38.410.060. - Easements.
a. All dedicated public easements must be recorded the City’s standard template
easement documents separate from the plat and the recorded document number
must be listed on the final plat.
b. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
c. A public utility easement must be granted for all public utility mains not located
within public street right-of-way. An easement must be at least 30 feet wide for
either one or two utility mains. An additional ten feet of width is required for each
additional main that occupies the easement. Wider easements may be required at
the discretion of the city for large utility lines.
d. The pedestrian right-of-way easement must be included.
6. Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems.
a. A 12” water main must be constructed in North 27th Ave from the existing main
to East Valley Center, as per the City’s Water Master Plan.
b. A 16” water main must be constructed in East Valley Center from the intersection
of North 27th Ave to connect with the main installed with the Catron Crossing
Subdivision to the east.
c. The property is reliant upon the construction of the Davis Lane Lift Station
(scheduled for FY19) and an 8” main extension down East Valley Center as
outlined in the City of Bozeman Wastewater Facility Master Plan (unscheduled,
developer driven).
d. The project is reliant on completion of offsite water and sewer infrastructure and
is not eligible for final plat approval until these improvements are completed and
accepted by the city.
The above listed water and sewer improvements are required prior to final plat
Approval
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7. Sec. 38.410.120. - Mail delivery.
a. If mail delivery will not be to each individual lot within the development, the
developer must provide an off-street area for mail delivery within the
development in cooperation with the United States Postal Service. The city will
not be responsible for maintaining or plowing any mail delivery area constructed
within a city right-of-way.
8. Sec. 38.600.160. - Administration of regulations.
a. The applicant must contact the Gallatin County Conservation District, Montana
Department of Environmental Quality, and U.S. Army Corps of Engineers
regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.) must be obtained by the applicant.
9. Sec. 40.04.700. - Requirements. Stormwater management plans and comprehensive
drainage plans
a. A stormwater design report for the proposed stormwater retention system “27th
Ave Treatment” meeting the criteria of BMC 40.04.700 and the cities design
standards must be submitted for infrastructure review and approved prior to final
plat.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate for
continued review and recommended approval with conditions on May 21, 2021.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing was held in front of the City Commission on
this minor subdivision preliminary plat on June 8, 2021 via WebEx.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under June 8, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
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 38.240.130.A.5.e, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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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 City Commission public hearing was properly noticed in accordance with the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony
received on the matter, the City Commission will make the final decision on the subdivider’s
request.
The Department of Community Development received a preliminary plat application on
February 3, 2021. The DRC reviewed the preliminary plat application and determined the
submittal did not contained detailed, supporting information that was sufficient to allow for the
continued review of the proposed subdivision on March 3, 2021.
A revised application was received on April 14, 2021. The DRC determined the application was
adequate for continued review on May 5, 2021 and recommended conditions of approval and
code corrections for the staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Friday, May 21, 2021 for postings on Sundays, May
23 and May 30, 2021. The applicant posted public notice on the subject property on May 23,
2021. The applicant sent public notice to physically adjacent landowners via certified mail, and
to all other landowners of record within 200-feet of the subject property via first class mail, on
May 22, 2021. No public comment had been received on this application as of the writing of this
report.
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On May 26, 2021 staff completed and forwarded the staff report for this subsequent minor
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which was held on June 8, 2021.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under June 8, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement No. 5, requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The City of Bozeman Community Plan designates
the subject property as Regional Commercial and Services and the Community Business District
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– Mixed designation allows for commercial uses. The lot is currently undeveloped land, covered
in native grasses and there is no agricultural production on the property.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
3) The effect on Local services
Water/Sewer – There is currently no water or sewer infrastructure in place to serve the property.
It is anticipated that mains will be constructed to the west side of North 27th with the Billings
Clinic project, prior to phase I construction.
Utilities – Utilities to serve the site will be constructed with phase I and will connect to the new
mains to be constructed with the Billings Clinic development to the west. NorthWestern energy
will be providing gas and electrical services to the proposed subdivision.
Streets – Improvements to North 27th Ave. from Valley Center Road to Honor Lane will include
full build out to City of Bozeman collector designation cross section standards, and full
construction of Honor Lane from North 27th to the southeast corner of the property will be
constructed with phase I.
Police/Fire – The City’s Police and Fire emergency response area includes the subject property.
This subdivision does not impact the City’ ability to provide emergency services to the property.
Stormwater – The subsequent minor subdivision will not significantly impact stormwater
infrastructure. Stormwater infrastructure will be constructed and will be managed on an
individual lot basis.
Parkland – The proposed subdivision is entirely commercial and is not required to provide
parkland. If and when residential development occurs, parkland will be reassessed at that time.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property and will be further addressed by
inclusion in the existing protective covenants and compliance with the recommended conditions
of approval.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The subdivision is
zoned for commercial development and is surrounded by adjacent commercially zoned
properties that are either developed or are in the early stages of development. There are no
known endangered or significant wildlife populations on the property.
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6) The effect on Public health and safety
With the recommended Conditions of Approval and required plat corrections, the subdivision
will not significantly impact public health and safety. The intent of the regulations in Chapter 38
of the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
DRC reviewed the subsequent minor subdivision preliminary plat and determined that it is in
compliance with the title. This staff report notes all other conditions deemed necessary to ensure
compliance. In addition, all subdivisions must be reviewed against the criteria listed in 76-3-
608.3.b-d, Montana Code Annotated (MCA). As a result, the Department of Community
Development reviewed this application against the listed criteria and further provides the
following summary for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed minor subdivision.
Preliminary Plat Supplements
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on September 16, 2020 and no waivers or variances were requested.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water. No surface water exists in the
vicinity of the site.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. The elevation of the site is higher
than the elevation of the 0.2-percent annual chance flood. This subdivision will not be impacted
by floodplains.
38.220.060.A.3 - Groundwater
Groundwater can be found on-site between 67 inches and 112 inches. Test pit locations and
results were provided with the application. A condition of approval that prohibits the
construction of basements will work to mitigate the effects of groundwater on the site.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site.
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38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. The proposed subdivision does not
contain any known critical, significant or key wildlife areas.
38.220.060.A.7 - Historical Features
This subdivision will not significantly impact historic features. The proposed subdivision does
not contain any known historic sites.
38.220.060.A.8 - Agriculture
This subdivision will not impact agriculture. The City of Bozeman Community Plan designates
the subject property as Regional Commercial and Services and the Community Business District
– Mixed designation allows for commercial uses. The lot is currently undeveloped land, covered
in native grasses and there is no agricultural production on the property
38.220.060.A.89 - Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed.
38.220.060.A.10 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations.
38.220.060.A.111 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.12 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. See discussion above under primary review
criteria.
38.220.060.A.13 - Utilities
This subdivision will not significantly impact existing utilities. See discussion above under
primary review criteria.
38.220.060.A.14 - Educational Facilities
This subdivision will not significantly impact educational facilities. The subdivision is
commercial and will not impact enrollment.
38.220.060.A.15 - Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create four
lots for commercial uses. The property is zoned B-2M, Business District – Mixed and is
designated as a commercial area in the Community Plan 2020.
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38.220.060.A.16 - Parks and Recreation Facilities
This proposed subdivision is commercial and will not require parkland dedication.
38.220.060.A.17 - Neighborhood Center Plan
This proposed subdivision is commercial and will not require a neighborhood center.
38.220.060.A.18 - Lighting Plan
A lighting plan was submitted with the application for this proposed subdivision. Site and street
lighting will be installed with phase I and conform to City of Bozeman standards.
38.220.060.A.19 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area.
38.220.060.A.20 - Affordable Housing
The subdivision is commercial does not require any affordable housing.
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, BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on June 8, 2021 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The applicant, Intrinsik Architecture, Inc., acknowledged understanding and agreement
with the recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public hearing on June 8, 2021
and received one comment voicing opposition to the project. The public comment may be
found under the linked minutes and recorded video of the meetings located at this web
paged filed under June 8, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by 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
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Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
G.The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 3 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
H.This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-625, MCA. The
preliminary approval of this single phased major subdivision shall be effective for two (2)
years from the date of the signed Findings of Fact and Order approval. At the end of 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.
ATTEST
_______________________
Mike Maas
City Clerk
DATED this ______ day of ___________, 2021
BOZEMAN CITY COMMISSION
____________________________
Cynthia L. Andrus
Mayor
APPROVED AS TO FORM:
10th August
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___________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is 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.
Adopted Growth Policy Designation:
The subject property is designated as Regional Commercial and Services. This category
designates places where the primary activity should be prominent commercial uses requiring
substantial infrastructure and location near significant transportation facilities. Development
within this category needs well-integrated utilities, transportation and open space networks that
encourage pedestrian activity and provide ready-access within and adjacent to development.
This proposed subdivision is well-suited to implement the Regional Commercial and Services
designation based on the location near major thoroughfares and the adjacency to other
commercial areas that are in various stages of development. The proposed subdivision will blend
well with adjacent properties and uses and includes a pedestrian right-of-way that connects N.
27th, across from the access to the future Billings Clinic development, to the shared use path, east
of the property.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the property owner and applicant, Eastlake Professional
Center, LLC and represented by Intrinsik Architecture, Inc to allow the subdivision of 7.65 acres
into four commercial lots.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on May 21
2021 for publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday, May 23 and Sunday, May 30, 2021. The applicant posted public notice on the subject
property on May 23, 2021. The City sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on May 22, 2021. Two public comments were received in support of the project.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718
Applicant: Eastlake Professional Center, LLC, 5073 Patterson Road, Bozeman, MT 59718
Representative: Intrinsik Architecture, Inc, 111 North Tracy Ave, Bozeman, MT 59715
Report By: Jacob Miller, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #21016, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=232508&cr=1
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-016
Public Comment: None to date
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