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20094 Findings of Fact for the Bozeman Gateway Phase 5 Major Subdivision
Public Hearing Date: Planning Board August 2, 2021 at 6:00 via WebEx. A WebEx link will be
provided with the Planning Board agenda.
City Commission, August 17, 2021 at 6:00 pm via WebEx. A WebEx link will be
provided with the City Commission agenda.
Project Description: Preliminary plat to create a 5 lot major subdivision that includes 2
developable lots and 3 open space lots on 6.9 acres within the Bozeman Gateway PUD.
The property is zoned B-2.
Project Location: Remainder tracts of Tract 2A of the Amended Plat of West College, Minor
Subdivision Number 195.A, Bozeman, Gallatin County, Montana
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Planning Board 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 20094 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions.
Commission Recommend 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 20094 and move to approve the subdivision with
conditions and subject to all applicable code provisions.
Report Date: August 18, 2021
Staff Contact: Sarah Rosenberg, Associate Planner
Lance Lehigh, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
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The property owner and applicant submitted a preliminary plat application to create five lots that
includes two developable lots and three open space lots. Phase 5 is part of the Bozeman Gateway
Planned Unit Development (PUD) Subdivision which consists of a 72-acre mixed use
development. This is the final phase of the Bozeman Gateway development. It is located directly
south and west of the Huffine Lane/West College Street intersection, west of Fowler Avenue and
north of West Garfield Street. Phase 1, 2, and 3 are currently being development in accordance
with the PUD. Phase 4 received preliminary plat approval on July 20, 2021. Phase 5 is unplatted
and currently sits vacant. Technology Boulevard West will continue to the west through this
phase.
The development for Phase 5 will include commercial uses and a 2.85 acre open space corridor
that runs north-south. A tributary to the Baxter Border Stream flows south to north along the
west side of Fowler Avenue. There are some wetlands on the east side of the site along Fowler.
A relaxation to encroach to the watercourse setback was approved with the original PUD back in
2006.
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 July 12, 2021.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by October 4, 2021, unless there is a written extension from the
developer, not to exceed one year.
One written public comment was received expressing concerns with the impacts to the wetland
and watercourse.
Planning Board
The Planning Board reviewed this application on Monday, August 2, 2021. One public comment
was made asking general details of how to find out information on the project. After deliberation,
the Planning Board recommended approval 7-0. The link to the video can be found here:
https://bozeman.granicus.com/player/clip/122?view_id=1&redirect=true
City Commission
The City Commission held a public hearing on August 17, 2021. No public comment was
received during the meeting. After consideration of the application, staff analysis, and
presentations the City Commission approved the subdivision on a vote of 5-0. The recording of
the video can be found here:
https://bozeman.granicus.com/player/clip/137?view_id=1&redirect=true
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
SECTION 1 - MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 12
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 15
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 15
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 15
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 17
Preliminary Plat Supplements ........................................................................................... 19
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 23
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 25
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 25
APPENDIX C – PROJECT BACKGROUND ............................................................................. 25
APPENDIX D - OWNER INFORMATION ................................................................................ 25
ATTACHMENTS ......................................................................................................................... 26
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SECTION 1 - MAP SERIES
Figure 1. Zoning classification
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Figure 2. Preliminary Plat
Figure 2. Preliminary Plat
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Figure 3. Watercourse setback highlighted in red
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Figure 4. Master Site Plan
Phase 5
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SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision 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 the preliminary plat application. Staff has considered the
impacts as identified in the staff analysis and application materials and these conditions of
approval are reasonably related and roughly proportionate to the development.
1. BMC 38.220.070. The applicant shall submit with the application for Final Plat review and
approval, a written narrative stating how each of the conditions of preliminary plat approval
and noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc.
in the submittal.
2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with
required or offered dedications, the subdivider (or owner of the property being subdivided if
the owner is not the subdivider) shall transfer ownership to the property owners’ association
of any open space proposed to be conveyed to the property owners’ association and all its
right, title, and interest in any improvements made to such parkland or open space. For the
transfer of real property, the subdivider or owner of the property shall submit with the
application for final plat a warranty deed or other instrument acceptable to the City Attorney
transferring fee simple ownership to the property owners association and associated realty
transfer certificate. The subdivider or owner of the property must record the deed or
instrument at the time of recording of the final plat. For personal property installed upon
open space owned by the property owners association, the subdivider shall provide an
instrument acceptable to the City Attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements.
3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of
any platted tract to the City or other entity in association with filing of the final plat.
4. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they
must be described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
5. BMC 38.220.320. In order to disclose to future purchasers their obligations regarding
open space established in the municipal code the following language shall be included
on the Conditions of Approval Sheet of the final plat: “As established by 38.220.320.A,
38.340.150.A.3.d, and other applicable elements of the municipal code, ownership of all
common open space areas and trails, and responsibility of maintenance thereof and for
city assessments levied on the common open space lands shall be that of the property
owners’ association. Maintenance responsibility shall include, in addition to the common
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open space and trails, all vegetative ground cover, and irrigation systems in the public
right-of-way boulevard strips along all external perimeter development streets and as
adjacent to public parks or other common open space areas. All areas within the
subdivision that are designated herein as common open space including trails are for the
use and enjoyment by residents of the development and the general public. The property
owners’ association shall be responsible for levying annual assessments to provide for
the maintenance, repair, and upkeep of all common open space areas and trails. At the
same time of recording the final plat of the subdivision the subdivider shall transfer
ownership of all common open space areas within each phase to the property owners’
association created by the subdivider to maintain all common open space areas within
Bozeman Gateway subdivision. The City may release the Bozeman Gateway Property
Owners’ Association from the obligation to maintain parks dedicated to the City at the
City’s discretion.”
6. Codes, Covenants & Restrictions must be updated and submitted with initial final plat to
be recorded after approval.
7. The final plat must contain the following notation on the conditions of approval sheet of the
final plat: “The responsibility for the maintenance of the stormwater facilities and associated
landscaping in the open space lots and street frontage landscaping for the perimeter streets
must be that of the property owners’ association. Maintenance responsibility must include the
functioning of the stormwater facilities, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and any vegetative ground cover and landscaping on the open space lots.
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 open space lots and stormwater facilities. The perimeter streets of this subdivision
include Garfield Street, Fowler Avenue, Huffine Lane, and Technology Boulevard.
8. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not the
subdivider) shall transfer ownership to the property owner’s association of all any open space
proposed to be conveyed to the property owner’s association and all its right, title, and
interest in any improvements made to such parkland or open space. For the transfer of real
property, the subdivider or owner of the property shall submit with the application for final
plat a warranty deed or other instrument acceptable to the City Attorney transferring fee
simple ownership to the property owner’s association and associated realty transfer
certificate. The subdivider or owner of the property must record the deed or instrument at the
time of recording of the final plat. For personal property installed upon open space owned by
the property owner’s association, the subdivider shall provide an instrument acceptable to the
City Attorney transferring all its rights, title and interest in such improvements including all
applicable warranties to such improvements.
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9. A notice prepared by the City shall be filed concurrently with the final plat so that it will
appear on title reports. It shall read substantially as follows: Lots within the Bozeman
Gateway Subdivision Phase 5 are subject to specific design standards and unique building
setbacks from property lines. These standards may be found in Bozeman Gateway
Development Manual. Lot owners are advised that these are specific to the Bozeman
Gateway Subdivision and are in place of the general development standards of the City of
Bozeman Zoning. If a development standard is not specifically established in the Bozeman
Gateway Subdivision approval documents the general standards of the City apply.
Modification of the special standards would require an amendment to the Bozeman Gateway
Planned Unit Development. Modifications are strongly discouraged. It is the obligation of the
lot owner to be fully informed as to these standards before beginning any home or site design
process. Approval by the design review entity established in the covenants of the
development does not bind the City of Bozeman to approve a construction plan.
10. BMC 38.220.020 & 38.610.050. The applicant must perform a wetland delineation per
BMC code. Approved stream and wetland permits shall be provide prior to public
infrastructure approval for public infrastructure impacts to jurisdictional wetland and
streams. Permits shall be provided prior to Final Plat Approval for impacts related to Open
Space infrastructure.
11. BMC 38.220.040. As presented, forty-five (45) feet of West Garfield Street ROW is to be
dedicated along the southern frontage of the proposed subdivision (intersection of Fowler and
West Garfield). The applicant must dedicate the West Garfield Street ROW in the Certificate
of Dedication of prior to final plat approval. The applicant is advised that the City of
Bozeman will accept responsibility for the maintenance of West Garfield Street.
12. BMC 38.410.130. Compliance with BMC 38.410.130 shall be met prior to Final Plat
approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering
Department for any cash in lieu of water rights determination.
13. BMC 38.240.410. Technology Blvd West is a privately maintained street located within
public ROW as referenced in the provided approved PUD documentation. Prior to Final Plat
Approval, the certificate of dedication shall reflect private maintenance.
14. BMC 38.240.510. The applicant must add the required text as stated in BMC Section
38.240.510 to the Conditions of Approval Sheet 3 prior to Final Plat Approval.
15. BMC 38.220.070. The final plat must contain the following notation on the Conditions of
Approval sheet:
a. The responsibility of maintenance for the stormwater facilities, stormwater open
space lots, pedestrian open space lots and street frontage landscaping for the
perimeter streets must be that of the property owners’ association. Maintenance
responsibility must include, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all external
perimeter development streets. The property owners’ association must be responsible
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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 stormwater facilities not on property dedicated to the City of Bozeman
shall be located within public drainage easements that provide for storm water facility
maintenance responsibility by the property owners association.
c. A 1-foot no access strip shall be placed along all lots fronting on U.S. 191.
d. 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 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.
e. All downstream water user facilities will not be impacted by this subdivision.
f. All lots are subject to a 10-foot wide front yard utility easement.
g. All open space and public access areas to be owned and maintained by the property
owners association.
h. If water rights or cash-in-lieu of water rights, have not been provided with final Ppat,
then water rights or cash-in-lieu must be provided with any future site plan
development or applicable development application.
16. BMC 38.430.040. The Planned Unit Development Final Plan shall be completed and
approved by the City of Bozeman before the approval of the final plat.
17. BMC 38.220.020 & 38.610.050. Prior to final plat approval, the applicant must provide the
Community Development Department with a written statement of a wetland boundary
determination from the U.S. Army Corps of the wetland status. If the wetlands are
determined to be jurisdictional, an approved 404 permit for any changes to the wetland must
be submitted to the Community Development office prior to final plat approval. The
applicant must contact the Gallatin County Conservation District, Montana Department of
Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project
and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the
applicant. Approved stream and wetland permits shall be provide prior to public
infrastructure approval for public infrastructure impacts to jurisdictional wetland and
streams.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat.
1. 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.
2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. BMC 38.220.300 & 310. The Property Owners’ Association (POA) documents must be
finalized and recorded with the final plat. The POA documents must include the requirements
of Section 38.220.300 and 320.
4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer
main extensions, streets, and storm water improvements, prepared and signed by a
professional engineer (PE) registered in the State of Montana, which must be provided to and
approved by the City Engineer. Water and sewer plans must also be approved by the
Montana Department of Environmental Quality. The applicant must also provide
professional engineering services for construction inspection, post-construction certification,
and preparation of mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been approved and a
preconstruction conference has been conducted. Building permits will not be issued prior to
City acceptance of the site infrastructure improvements unless all provisions set forth in
Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent
construction.
5. BMC 38.410.060.A. The final plat must provide all necessary easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in their true
and correct location. The recorded easement number must be documented on the final plat.
a. The applicant is advised that all dedicated public easements must be recorded the
City’s standard template easement documents separate from the plat and the recorded
document number must be listed on the final plat. Easements will be deemed
inadequate if they are not in a final draft format (signatures are not required for the
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draft review). Easements must be stamped by a licensed professional surveyor. In
preparing signature blocks on any upcoming documents, please make the following
changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk. If a new member is
established, the easement documents must be updated.
b. Utility easements shall be provided in accordance with the UDC. The required 10-
foot front yard easement is required along the lots on Fowler Road. The easement
must be recorded prior to final plat approval.
c. A city standard thirty (30) foot wide sewer and water pipeline and access easement
and agreement for public water and sewer utilities located outside of dedicated public
right of way must be provided with the final plat. The easement must be recorded
prior to final plat approval.
d. Prior to public infrastructure approval, the applicant shall obtain a public street and
utility easement from the adjoining property owner for the portion of Technology
Blvd West situated on the adjoining property to provide for a total dedicated right of
way and easement width of 60 feet.
e. Any public access easement for the proposed sidewalk system that resides within
open space must have an easement recorded prior to final plat approval.
f. A public drainage easement shall be provided for all stormwater facilities conveying
runoff from dedicated public right of way. The easement must be recorded prior to
final plat approval.
6. BMC 38.410.060. The applicant shall provide easements for all agricultural water user
facilities located on the proposed subdivision property prior to final plat approval. The
applicant shall coordinate the location of easements with Farmers Canal Company. The
existing easement for Farmers Canal provides for a pipeline to be constructed on the existing
section of open channel canal. This easement shall be modified as needed if this portion of
the canal will not be placed in a pipeline. The applicant must provide the 30 foot farmers
canal and public access easement documentation. The recorded easement number must be
written in on the final plat. Written approval from Farmers Canal Company for all associated
modifications or impacts to agricultural water user facilities is required with the final plat.
7. BMC 38.240.410.Technology Blvd West is a privately maintained street located within
public ROW as referenced in the provided approved PUD documentation. Prior to Final Plat
Approval, the certificate of dedication shall reflect private maintenance.
8. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat
prior to the completion of all required improvements, 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
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City of Bozeman with an acceptable method of security equal to 150 percent of the cost of
the remaining improvements.
9. BMC 38.240.450. The applicant is advised where public improvements are to be installed
prior to Final Plat Approval, the final plat of subdivision must contain a certificate of
completion of public improvements. Prior to final plat approval, sheet one certificates must
list all completed and accepted improvements, if applicable.
10. BMC 38.240.530. The Certificate of Completion of water-related improvements is not
shown on sheet one of the plat and must be shown, if applicable prior to final plat approval.
11. BMC 38.240.530. When irrigation of public facilities are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of water-
related improvements. The certificate must list all completed and accepted improvements,
including but not limited to all irrigation system record drawings. The subdivision proposes
irrigation of public street frontage. This certificate must be provided on the final plat.
12. BMC 38.240.420. If there are liens or mortgages against the property, the appropriate
Mortgagee certificate must be included.
13. BMC 38.410.120. If mail delivery will not be to each individual lot within the development,
the developer shall provide an off-street area for mail delivery within the development in
cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow
any mail delivery area constructed within a City right-of-way. If cluster boxes are use a
dedicated area to pull up and access the boxes must be provided.
14. BMC 38.220.320. Covenants. Covenants, restrictions, and articles of incorporation for the
creation of a property owners’ association shall be submitted with the final plat application
for review and approval by the Department of Community Development and shall contain,
but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all
additional setbacks required when lots are adjacent to pathway corridors and minor arterial
roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of
all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines
that outline architectural and landscape requirements for each individual lot and/or phase of
the subdivision, including placement of boulevard trees at a regular spacing for each
residential lot, 6) provisions that outline the renewal of an annual contract with a certified
landscape nursery person for the upkeep and maintenance of all parklands, common open
space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees,
parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9)
noxious weed control, and 10) assessment of existing and future Special Improvement
Districts. These documents shall be submitted to the city attorney and shall not be accepted
by the City until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Community Development Department at least 30
working days prior to submitting a final plat application. These documents shall be executed
and submitted with the initial final plat to be filed with the Gallatin County Clerk and
Recorder at the time of final plat recordation.
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SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on July 12, 2021.
Public hearing date for the Planning Board was on August 2, 2021 at 6:00pm. One public
comment was received during the meeting. After deliberation, the Planning Board recommended
approval 7-0 of the subdivision.
Public hearing date for the City Commission is August 17, 2021 at 6:00 PM. No public comment
was received. After deliberation, the City Commission approved the subdivision 5-0.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.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 has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
outlined in code provision number 1, the final plat must comply with State statute, Administrative
Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be
included and updated with the required notations can be added as required by conditions or 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 BMC. The applicant
is advised that unmet code provisions, or code provisions that are not specifically listed as a
condition 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. Sections 3 and 4 of this report identify
conditions and code corrections necessary to meet all regulatory standards. Therefore, upon
satisfaction of all conditions and code corrections the subdivision will comply with the local
subdivision regulations.
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3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application was received on March 21, 2020 and was deemed inadequate for further review.
Revised application materials were received on June 27, 2020, March 10, 2021, and June 7, 2021.
The City deemed the application adequate for review on July 12, 2021. Public hearings are
scheduled for August 2 and August 17, 2021.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board must
forward a recommendation in a report to the City Commission who will make the final decision
on the applicant’s request.
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. Pursuant to BMC 38.240.130 the city
commission shall approve, conditionally approve or deny the subdivision application by October
4, 2021 unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was given as described in Appendix C. No written public
comment has been received. There was one oral comment at the Planning Board meeting on
August 2 inquiring how to find out more details on reviewing current planning projects.
On July 29, 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
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for City Commission
consideration in Sections 3 and 4.
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.
Condition of approval 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 will be
located within dedicated street right of ways. Code provision 5 states that utility easements need
to be provided and granted with the final plat in accordance with standards.
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
Access to the property is from Fowler Avenue to the east which is a City maintained road.
Technology Boulevard West is being extended from the east and required to be privately
maintained per condition of approval number 13 and code provision number 7.
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Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This item was waived by the DRC with the pre-application.
2) The effect on Agricultural water user facilities
Agricultural water user facilities on site include canals, irrigation ditches, and streams that
provide irrigation water to downstream users. The Farmer’s Canal, tributary to the Baxter Border
stream, Section Line Ditch, and Upper Cattail Creek (Harmon Stream) all transport irrigation
water through the property. No modifications to the existing agricultural water user facilities will
be done with this phase and the ability of the facilities to deliver water to downstream users will
be protected.
3) The effect on Local services
Water/Sewer – Water and sewer systems exist to serve the subdivision. The subdivider proposes
to extend water and sewer mains to the subdivision. Code provision 4 requires the applicant to
submit plans for water and sewer main extensions, approved by the Montana Department of
Environmental Quality, to be reviewed by the City. Code provision 5 requires a city standard
sewer easement where the sewer system is located. Building permits will not be issued prior to
city acceptance of site infrastructure improvements, unless concurrent construction is requested
and conditions allow. Water rights exist for the subject property, the applicant proposes to
transfer to City ownership existing water rights as outlined in condition number 12.
Streets – The Growth Policy and subdivision standards require adequate connectivity of a
development to the street grid. Access is taken from West Garfield to the south, Fowler Avenue
to the east, and Huffine Lane to the north. West Technology Boulevard will be constructed to a
60-foot street section off Fowler Avenue. All internal streets will be privately maintained as
outlined in condition of approval number 13 and code provision number 7.
A traffic impact study was provided with the application and found that the infrastructure that
exists and is proposed for the project will service the development.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Phase 5 lies within the scope of the previously approved drainage plan and will
incorporate one 5.22 acre basin (Minor Basin 1) for stormwater runoff. The runoff from Minor
Basin 1 is treated with LID practices using “StormTech” underground detention and storage
facilities. This practice is found to remove 80% of the total suspended solids from municipal
stormwater runoff. The responsibility of the stormwater facilities is the responsibility of the
Property Owners Association (POA) as outlined in condition of approval 15. Inspection of
installed facilities prior to final plat will verify that standards have been met.
Parklands – No parkland is required since there will be no residential component in this phase.
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4) The effect on the Natural environment
No significant negative impacts to the natural environment have been identified. There are no
floodplains located within the subject property. A wetland delineation report was completed and
determined that there are 1.45 acres of wetlands and 2613 linear feet of tributaries. A relaxation
to allow encroachment into the watercourse setback was granted with the original PUD adoption
in 2006. With the adoption of the PUD, wetland impact credits were paid for equating 1.94 acres.
.65 acres have been impacted with phases 1-4. Phase 5 expects to impact .86 acres of wetlands
with the majority on the northeastern corner of the development where infrastructure and
buildings will be located. The remaining .59 acres of wetlands are located within the open space
areas and are expected to be preserved. Per condition of approval number 16, permits affiliated
with the wetlands (404, 310, Turbidity exemption) is required with the final plat.
The site is in an area of high groundwater which may negatively impact future structures or
cause illicit discharges into the sanitary sewer and over burden the surface drainage system.
Condition 16d prohibits use of basements or crawl spaces unless a professional engineer certifies
that the structure has been designed in such a way to accommodate seasonal high groundwater
and requires addition of a notation of this restriction on the conditions of approval sheet. This
requirement will protect both future structure owners from future hazards of flooding and lessen
burden on the public from illicit discharges.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application will irrigate open space and boulevard strips
landscaping with wells.
5) The effect on Wildlife and wildlife habitat
No significant negative impacts to the wildlife and wildlife habitat have been identified. There
are no known populations of large mammals or endangered species that occupy the site.
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
subdivision has been reviewed by the DRC which has determined that it is in general compliance
with the title with conditions and code provisions. Any other conditions deemed necessary to
ensure compliance have been noted throughout this staff report. Condition of approval 1 requires
full compliance with all applicable code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann.
and as a result, the Department of Community Development has reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements. All infrastructure will meet City standards and the improvements to the
watercourses will not impact the current floodplains on the project site nor will they increase
flood risk on the property or surrounding properties.
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Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on February 21, 2019. The
DRC found that more information was needed prior to the application going forward to
preliminary plat so revisions were submitted on April 22, 2019.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
In 2005, a wetland delineation was conducted identifying the proposed impacted areas. Based on
the proposed impact areas within the overall Bozeman Gateway Development, a total of 1.94
acres of wetland credits were purchased in 2005. Up until 2019, the actual impacted area has
been less than the area planned and purchased resulting in an unused credit of approximately
1.29 acres. Since 2005, changes to the development as well as upstream flows have altered the
shape and area of the wetland resulting in a new 2019 wetland delineation. Phase 5 will result in
.86 acres of impacts to the wetlands. The primary mitigation is to avoid and preserve wetland
characteristics where possible.
A tributary to the Baxter Border Stream flows from south to north along the west side of Fowler
Avenue. It has a perennial flow and serves to convey irrigation flow from the Farmer’s Canal to
downstream users. The Baxter Border Ditch will remain largely undistributed by the project. The
stream will remain in its natural state, protected within an open space corridor. The open space
area will be enhanced with trails and landscaping to provide a pedestrian corridor reaching from
Huffine Lane to the south boundary of the project.
38.220.060.A.2 Floodplains
There are no floodplains on the subject property.
38.220.060.A.3 Groundwater
Groundwater depth was monitored and had depths that vary from 4.3’ below the ground surface.
As a supplement to the original water table, a hydrograph from a nearby well has been submitted
with the application. Elevating the roads slightly above the existing ground assist in providing
separation to the groundwater. Condition of approval 16 restricts the use of basements and crawl
spaces due to high groundwater.
38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. Alluvial deposits
derived from the mountains south of Bozeman underlie the subdivision. There are no geological
hazards or unusual features that limit the suitability of the land for the proposed uses. The project
area generally slopes from south to north at approximately 1.25 percent.
Two soil types exist on the site that are similar to those found throughout Bozeman. Limitations
to development are primarily depth to groundwater, bearing capacity, frost heave potential,
shrink-swell potential and flooding.
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To minimize erosion, the construction contract shall provide for seeing of slopes in cut and fill
areas. Methods of erosion control and revegetation shall be in conformance to the Montana
Department of Environmental Quality Montana Sediment and Erosion Control Manual.
38.220.060.A.5 Vegetation
On site vegetation is limited to grasses, forbs and a few locations with low growing shrubs, such
as wild roses, found along fence lines and near drainage courses. There are no critical plant
communities on site. A weed management plan is included in the application.
38.220.060.A.6 Wildlife
There is little wildlife or habitat on site. In the past, the site has been used for pasture and
growing of hay crops. Phase 5 is currently not utilized. There are no known populations of large
mammals that occupy the site nor are there are known endangered species utilizing the site.
38.220.060.A.7 Historical Features
There are no known historical features located within the property. A Cultural Evaluation was
conducted in 2004 that stated that the Farmer’s Canal may be significant in terms of National
Register criteria but the integrity of the entire canal system has been compromised over time. If
any historic items are discovered during construction, the State Historic Preservation Office will
be contacted.
38.220.060.A.8 Agriculture
Materials waived.
38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. See discussion
above under primary review criteria.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly burden city water and sewer infrastructure with the
recommended conditions of approval and code provisions. See discussion above under primary
review criteria.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. The stormwater systems
will be maintained by the Bozeman Gateway POA. 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. See primary review
criteria above for further information.
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38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. Standard 10-ft utility easements will be
provided across all lots. See discussion above under primary review criteria regarding extension
of water and sewer. All private utilities are available in the area.
38.220.060.A.14 Educational Facilities
A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The
assumption was made that the existing zoning designation and mixed-use development will not
generate any students within the development.
38.220.060.A.15 Land Use
Phase 5 is consistent with those allowed by B-2 zoning. Existing land uses bordering the east and
north sides of the Bozeman Gateway property are commercial businesses. The properties
bordering the south and west are public lands owned by Montana State University and is
agricultural use. The proposed uses will not adversely affect adjacent land uses in the area. Three
lots are open space which equate to 2.85 acres or 41.5% of the total area. Two lots are
commercial lots which equate to 3.38 acres or 49.2% of the total area. The streets equate to .64
acres or 9.3% of the total area. In total, Phase 5 is 5 lots and 6.87 acres.
Access to the existing public lands will not be affected by the development. All open space
within the planned area will be open to the public and easily accessible. No hazards or nuisances
will be created by the development. Safety issues related to construction activity will be
effectively controlled by standards construction management practices.
38.220.060.A.16 Parks and Recreation Facilities
No parkland is dedicated with Phase 5 since there is no residential component. There are green
space corridors that run from north to south of the property. These corridors will provide
pedestrian and bicycle circulation connecting the internal aspects of the project as well as
providing connections to surrounding lands. Open space areas will be owned and maintained by
the applicant.
38.220.060.A.17 Neighborhood Center Plan
The open space lots along the eastern perimeter of Phase 5 connect to the existing trail and open
space network to the north. This shared community space and trail system encourages gathering,
relaxing and recreating. A bike/pedestrian trail and sidewalk connects to the properties on the
north which then connect to the overall trail network of the development that continues eastward
to MSU. The open space will also protect an existing stream corridor that will remain for the
most part in its natural state.
38.220.060.A.18 Lighting Plan
The preliminary lighting plan is in accordance with the requirements of the UDC and Bozeman
Gateway Development Manual. Light spacing on streets meets the requirements of the City of
Bozeman Design Standards and Specifications Policy.
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38.220.060.A.19 Miscellaneous
Materials waived.
38.220.060.A.20 Affordable Housing
Materials waived.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties,
and a review of the preliminary plat described in these findings of fact was conducted.
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 August 17, 2021 at which time the Department of Community Development
Staff reviewed the project, submitted and summarized the project proposal, and summarized the
public comment submitted to the City prior to the public hearing.
D. The applicant acknowledged understanding and agreement with the recommended
conditions of approval, code provisions including the changes to the conditions of approval.
E. The City Commission requested public comment at the public hearing on August 17,
2021. There was no public testimony on the subdivision as submitted.
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 Article 38.210,
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.
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 2 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 subdivision shall be effective for three (3) 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 for a period of mutually agreed upon time.
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DATED this ________ day of _____________________, 2021
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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September14th
20094 Findings of Fact for Bozeman Gateway Phase 5 Major Subdivision Page 25 of 26
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The intent of the B-2 community business district is to
provide for a broad range of mutually supportive retail and service functions located in clustered
areas bordered on one or more sides by limited access arterial streets. Multi-household
dwellings, townhouses, and apartments are allowed as a secondary use due to their
complementary nature and ability to enhance the walkability of these districts. 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 Future Land Use Map of the Bozeman Community
Plan designates the subject property to develop as “Regional Commercial and Services.”
Regionally significant developments in this land use category may be developed with physically
large and economically prominent facilities requiring substantial infrastructure and location near
significant transportation facilities. Due to the scale of these developments, location, and
transition between lower density uses is important. Residential space should be located above the
first floor to maintain land availability for necessary services. 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. Large community scale
areas in this land use category are generally 75 acres or larger and are activity centers for several
surrounding square miles. These are intended to service the overall community as well as
adjacent neighborhoods and are typically distributed by a one-to two-mile separation.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing
by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet on July 16, 2021. The site was posted with a notice on July 16, 2021 and a legal
advertisement was published in the Bozeman Daily Chronicle on July 18 and August 15, 2021.
Content of the notice contained all elements required by Article 38.220., BMC.
APPENDIX C – PROJECT BACKGROUND
Bozeman Gateway was created as a Planned Unit Development in 2006. There are five phases in
total. Phases 1-3 have been subdivided and currently under development. Phase 4 preliminary
plat was approved by the City Commission on July 20, 2021.
APPENDIX D - OWNER INFORMATION
Owner/Applicant: Mitchell Development & Investments, LLC, PO Box 738, Great Falls, MT
59403
Representative: Morrison-Maierle, Inc., PO Box 1113, Bozeman, MT 59718
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Report By: Sarah Rosenberg, AICP, Associate Planner
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 #20094, 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?id=209880&dbid=0&repo=BOZEMAN
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=20-094
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