HomeMy WebLinkAbout011 Findings of Fact Signed21201 Findings of Fact for Annie Ph. 4 Major
Subdivision Page 1 of 23
Bozeman City Commission Findings of Fact and Order for the Annie Ph. 4
Major Subdivision Preliminary Plat 21201
Public Hearing Date:
Planning Board meeting was held Monday, September 20, 2021 at 6:00 pm. Link:
https://bozeman.granicus.com/player/clip/152?view_id=1&redirect=true
City Commission meeting was held Tuesday, October 5, 2021 at 6:00 pm via WebEx.
Link: https://bozeman.granicus.com/player/clip/158?view_id=1&redirect=true
Project Description: A major preliminary plat subdivision application of 3.241 acres that
includes 16 townhouse lots, 2 multi-household lots, 1 single-household lot, and 1 open
space lot.
Project Location: The property is legally described as Lot 1 of Annie Subdivision Ph. 3C,
Section 2, Township 2S, Range 5E.
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 21201 and move to approve the subdivision with conditions
and subject to all applicable code provisions.
Report Date: November 2, 2021
Staff Contact: Jacob Miller, Associate Planner
Karl Johnson, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The Department of Community Development received a Preliminary Plat Application on June 2,
2021 requesting to subdivide 3.241 acres to create 20 townhouse lots, 2 multi-household lots, 1
single-household lot and 1 open space lot. The site had an existing single-household lot and shop
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that have been permitted to be demolished. The property will have access from the continuation
of Rogers Way onto N. 25th Ave. The property is zoned R-3.
On September 2, 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 did not receive any written public comment on the application as of the writing of this
report.
The final decision for a Major Subdivision Preliminary Plat with less than 50 lots must be made
within 60 working days of the date it was deemed adequate. The Development Review
Committee (DRC) deemed the application adequate for continued review on September 2, 2021.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by November 10, 2021, unless there is a written extension from the
developer, not to exceed one year.
The public hearing date for the City Commission meeting was held Tuesday, October 5, 2021 at
6:00 pm via WebEx.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 3.241 acres into 20 lots, including 16 townhouse lots, 2 multi-household lots, 1 single-
household lot, and 1 open space lot. There were no public comments at the hearing.
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 October 5, 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
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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.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 9
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 12
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. .................... 13
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 15
Preliminary Plat Supplements ........................................................................................... 16
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 22
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APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 23
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 23
FISCAL EFFECTS ....................................................................................................................... 23
ATTACHMENTS ......................................................................................................................... 23
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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 – Current Land Use
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Exhibit 4 – Preliminary Plat
Exhibit 5 – Landscaping Plan
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
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 final plat must 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 three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County
Clerk & Recorder’s office has elected to continue the existing medium requirements of 2
mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and
Recorder will file the new Conditions of Approval sheet as the last same sized mylar
sheet in the plat set.
3. The watercourse setback must be removed from the plat prior to final plat approval.
4. The existing sewer septic system(s) must properly abandoned prior to final plat approval.
5. The applicant must complete the installation of the Rapid Rectangular Flashing Beacon
(RRFB) at the intersection of N. 25th Ave. and Durston Rd. as called for in the
Transportation Master Plan, prior to approval of Final Plat.
6. 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) or special
districts. The provided draft SID waiver is acceptable. The applicant must provide a copy
of the filed SID waiver prior to Final Plat approval.
7. Due to the 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
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system or 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.
8. The responsibility of maintenance for the stormwater facilities, stormwater open space lots,
pedestrian open space lots and street frontage landscaping for the perimeter streets must be
that of the property owners’ association. Maintenance responsibility must include, all
vegetative ground cover, boulevard trees and irrigation systems in the public right-of-way
boulevard strips along all external perimeter development streets. The property owners’
association must be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all perimeter street frontage landscaping and
stormwater facilities and all open space landscaping.
9. Remove General Notes 2 and 3 on the Conditions of Approval sheet. The utility easement
language is already present in the legal description and a separate easement document will
be required to clarify location and size of the easement. A separate public access easement
must be provided to grant public access over the open space lot.
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.
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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:
i. Be entitled "Conditions of Approval of Annie Phase 4 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. 38.270.030 - Completion of Improvements.
a. If it is the developer’s intent to file the plat prior to the completion of all required
improvements, an Improvements Agreement shall be entered into with the City of
Bozeman guaranteeing the completion of all improvements in accordance with the
preliminary plat submittal information and conditions of approval. If the final plat
is filed prior to the installation of all improvements, the developer shall supply the
City of Bozeman with an acceptable method of security equal to 150 percent of
the cost of the remaining improvements.
3. Sec. 38.240.450 - Certificate of completion of non-public improvements.
a. Certificate must specifically list all installed improvements and financially
guaranteed improvements.
4. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed
hard copies of the easements must be submitted to the City prior final plat
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approval. The applicant may contact the review engineer to receive standard
templates.
b. The applicant must provide a ten foot utility easement (power, gas,
communication, etc.) along the developments property frontage.
c. The applicant must provide a storm drainage easement along the proposed storm
sewer main and detention facility.
d. 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.
5. Sec. 38.410.130 - Water Adequacy.
a. Subject to subsections B and C, prior to final approval by the review authority of
development occurring under this chapter or chapter 10, the applicant must offset
the entire estimated increase in annual municipal water demand attributable to the
development pursuant to subsection D.
i. Payment-in-lieu of water rights must be made for the townhouse lots prior
to final plat approval.
6. Sec. 38.410.130.C.2 - Water Adequacy.
a. Compliance with this section is deferred for the following developments until the
occurrence of future development if the applicant records a notice of restriction on
future development in a form acceptable to the review authority with the Gallatin
County Clerk and Recorder: Individual lots of a subdivision final plat planned for
future multiple-household development.
i. A note must be included in the conditions of approval sheet indicating lots
which will require future payment of cash-in-lieu of water rights upon
future development.
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 September 1, 2021.
Planning Board meeting was held Monday, September 20, 2021 at 6:00 pm. Link:
https://bozeman.granicus.com/player/clip/152?view_id=1&redirect=true
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 October
5, 2021.
https://www.bozeman.net/government/city-commission/city-commission-video
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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:
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 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.
The Department of Community Development received a preliminary plat application on June 2,
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 July 7, 2021.
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A revised application was received on August 4, 2021. The DRC determined the application was
adequate for continued review on September 1, 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, September 3, 2021 for postings on Sundays,
September 5 and September 12, 2021. The applicant posted public notice on the subject property
on September 5, 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 September 5, 2021. Four written public comments have been received as of
the writing of this report. Three of the public comments expressed concern over the subdivision
and the increased traffic at the intersection of North 25th Avenue and Durston Road and the
safety issues this causes for school children and pedestrians crossing Durston Road. This issue
will largely be resolved with the installation of a Rectangular Rapid Flashing Beacon at the
intersection. One public comment supported the additional density and housing diversity that the
subdivision will provide
On September 16, 2021 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
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. 4, requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are
located within dedicated street right of ways.
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.
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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 Urban Neighborhood designation which allows for the proposed uses.
The lot is currently vacated residential land with no significant agricultural uses.
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 – The existing water and sewer mains located in Roger’s Way will be extended
with this development and will provide adequate service to all newly constructed residential
uses.
Utilities – Utilities to serve the residential lots will be constructed with phase I and will connect
to the main extensions provided with this development. Standard 10-foot front yard utility
easements have been provided across the lots.
Streets – This project will construct the continuation and connection of Roger’s Way and
Daffodil Street through the site, completing the street grid in the area and providing a higher
level of connectivity for the existing neighborhoods. Per City Pre-Application comments, the
applicant will construct a Rapid Rectangular Flashing Beacon (RRFB) at the intersection of N.
25th and Durston Road. The existing curb cuts along Durston will be abandoned as part of the
project. The applicant has also requested to construct the Roger’s Way at a grade of 0.43% which
is less than the minimum allowable of 0.5%. This has been reviewed by the Engineering
Division and found to be acceptable.
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 – Stormwater is proposed to be managed on-site with this development. Two
drainage basins are proposed due to the grading of Roger’s Way. A detention pond located in the
open space lot will manage stormwater from the larger (east) basin. Stormwater will convey to
the pond via curbflow and an underground pipe located within a stormwater drainage easement
between lots 9 and 10. The smaller (west) basin will allow infiltration through a low-impact
stormwater design constructed from cobble infiltration galleries adjacent to the lot. The applicant
has requested that the stormwater drain pipe that crosses Roger’s Way near the north-center
portion of the site be allowed to be buried to a minimum depth of 12 inches, as opposed to the
standard of 2 feet. This has been reviewed by the Engineering Division and found to be
acceptable.
Parkland – Cash-in-lieu of parkland will be provided with this development, as determined by
the Parks Department.
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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 residential development and is surrounded by adjacent residentially zoned properties
that are fully developed. There are no known endangered or significant wildlife populations on
the property.
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 February 10, 2021 and no variances were requested. The applicant requested and was
granted waivers for Wildlife, Historical Features, Agriculture, and Neighborhood Center Plan.
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. An existing stream runs near the
eastern boundary of the property and will be protected by a 50’ watercourse setback.
38.220.060.A.2 - Floodplains
No mapped 100-year floodplains impact the subject property. A floodplain was mapped with
Phase 3C of the subdivision and is well within the 50’ watercourse setback. No construction
within or near the floodplain will occur.
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38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed in March 2021 and included seven test pits, the
majority of which remained dry, indicating there are no issues due to deep groundwater, however
a condition of approval will restrict the construction of basements.
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.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during
the Pre-Application process.
38.220.060.A.7 - Historical Features
This subdivision will not significantly impact historic features. A waiver for historical features
was granted during the Pre-Application process.
38.220.060.A.8 - Agriculture
This subdivision will not impact agriculture. A waiver for agriculture was granted during the
Pre-Application process.
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 and the existing neighborhoods by
completing the street grid in the area. The extension of Roger’s Way to N. 25th will give this
proposed development quick access to Durston Rd., a minor arterial classified street. A traffic
impact study was waived by Engineering upon reviewing a trip generation analysis provided by
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the applicant. The peak hour trips for the proposed development are shown to be that there would
be 4 trips entering the development and 12 trips exiting during AM peak-hours, and 12 trips
entering and 8 trips exiting during peak-hour trips. This proposed subdivision will include City
standard sidewalks along Roger’s Way, increasing the pedestrian connectivity in the area as
whole.
38.220.060.A.13 - Utilities
This subdivision will not significantly impact existing utilities. See discussion above under
primary review criteria. The applicant will extend existing public water/wastewater mains
through Roger’s Way to support the proposed development. The applicant has received
confirmation of future service from Northwestern Energy and internet providers.
38.220.060.A.14 - Educational Facilities
This subdivision will not significantly impact educational facilities. The applicant has contacted
the Director of Facilities for the Bozeman Public Schools who has indicated that the
development will not significantly impact enrollment.
38.220.060.A.15 - Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create 16
townhouse lots, 2 multi-household lots, one single-household lot, and 1 open space lots.
38.220.060.A.16 - Parks and Recreation Facilities
This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by
the Parks Department. Because this is an infill development of only 3.24 acres, there is not
adequate land within the subject property to accommodate a new park. There are several parks in
the area that are within a 10 minute walk from the proposed development; Harvest Creek Park
which is part of a large north-south trail system that has connectivity throughout the west side of
Bozeman, and Kirk Park which features baseball diamonds, large open fields and a skate park.
38.220.060.A.17 - Neighborhood Center Plan
The subdivision was granted a waiver neighborhood center plan during Pre-Application review
for the project because this project will not be providing a neighborhood center due to the
relatively small size of the development area.
38.220.060.A.18 - Lighting Plan
This subdivision will not significantly impact lighting. The applicant conducted an evaluation of
the existing lighting along Durston Rd. which was reviewed by Engineering and determined that
no additional lighting is required.
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. No health or safety hazards on-site or off-site will be
created with this development.
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38.220.060.A.20 - Affordable Housing
The City’s Legal Division has advised that due to the state’s adoption of HB 259 related to
inclusionary zoning, the City will not enforce the requirements for affordable housing cash in
lieu as originally required during the preliminary plat and as reflected in the findings of fact. The
affordable housing plan and plat notes related to affordable housing and cash in lieu have been
removed from this application or will be eliminated prior to final plat.
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 October 5, 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, WGM Group, 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 October 5, 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
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 them regarding this
application, the City Commission makes the following decision.
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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:
___________________________
ANNA SAVERUD
Assistant City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3, Residential Medium Density District. The intent of the R-3
residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city.
Adopted Growth Policy Designation:
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing
lots that will support a variety of housing types including townhouses, multi-household, and
single household units in an existing developed residential area that is predominantly detached
single-household units. The townhouse and multi-household lots will support construction of
“missing middle” housing which is contemplated throughout the Bozeman Community Plan
2020. The proposed subdivision is also located in a central area with relatively quick access to a
variety of goods and services.
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area.
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The site has a Walk Score of 60, a Transit score of 24, and a Bike Score of 58. Average walk
score for the city as a whole is 48 out of 100. These values are provided by Walk Score, a private
organization which presents information on real estate and transportation through
walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an
indication of safety or continuity of services or routes. Scores are influenced by proximity of
housing, transit, and services and expected ability, as determined by the algorithm, to meet basic
needs without using a car. This site is an infill development, surrounded by existing residential
uses with complimentary uses such as schools, parks, grocery stores, and employment
opportunities within a relatively short distance. There are no adopted development standards
relating to the walk score.
The proposed development is roughly 0.4 miles to Kirk Park, which provides a variety of
recreational opportunities from sports fields, baseball/softball diamonds and a skate park.
Harvest Creek Park, which is part of a larger predominantly north-south oriented trail system that
connects to many prominent parks on the west side of Bozeman, including the Bozeman Pond
and Gallatin Regional Park is roughly 0.2 miles away. The closest grocery store is the Town &
Country Foods on N. 19th avenue which is roughly 0.7 miles from the proposed development.
The two closest schools are the Emily Dickinson School and Summit School which are both
within a half-mile from the proposed development. The Streamline Yellowline has a stop on
Durston Rd. and Hunter’s Way which is rough 0.3 miles away from the proposed development.
There are also a variety of office uses along N. 19th, a relatively short distance from the proposed
development which may provide employment opportunities nearby.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed area over time
N-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, WGM Group, 109 E. Main St., Ste. B, Bozeman,
MT 59715, representing the property owner Russell Hosner, LLC, 7003 Jackson Creek Road,
Bozeman, MT 59715.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on
September 4, 2021 for publication in the legal advertisements section of the Bozeman Daily
Chronicle on Sunday, September 5 and Sunday, September 12, 2021. The applicant posted
public notice on the subject property on September 5, 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 September 5, 2021.
Four public comments were received by the time this report was compiled. The main themes of
the comments were concern regarding existing trees and the traffic volume and crossing dangers
at the intersection of 25th and Durston. All public comments can be viewed at the link below.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Russell Hosner, LLC, 7003 Jackson Creek Road, Bozeman, MT 59715
Applicant: WGM Group, 109 E. Main St., Ste. B, Bozeman, MT 59715
Representative: WGM Group, 109 E. Main St., Ste. B, Bozeman, MT 59715
Report By: Jacob Miller, Associate 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 #21201, 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=21-201
Public Comment:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=254916&dbid=0&repo=BOZEMAN&cr
=1
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