HomeMy WebLinkAbout22264 Canyon Gate Signed FOFCity Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project No. 22264 Page 1 of 35
City Commission Findings of Fact and Order for the Canyon Gate Major Subdivision Preliminary
Plat; Application No. 22264.
Summary of the April 18, 2023, City Commission Action on the Canyon Gate Major Subdivision
Preliminary Plat; Application 22264.
The City Commission public hearing on the Canyon Gate Major Subdivision Preliminary Plat was held April
18, 2023 in the City Commission Chamber, 121 N. Rouse Avenue, at 6 P.M. After reviewing the application
materials, staff report, and public comment; after listening to the staff presentation and responses to
Commissioners’ questions; after hearing the presentation from the Applicant and responses to
Commissioners’ questions; after listening to public comment, the City Commissioners moved to approve the
application. After deliberations, the Commission approved the motion unanimously 5-0.
Project Legal Description: Tract 7B of COS No. 2408, excepting out MDT ROW deed parcels Doc. No.
2532621 and No. 2532622, and the westerly 33.34’ of Lot 45, and all of Lots 46 and 47 of Mt. Baldy
Subdivision (Plat F-10), excepting out MDT ROW deed parcels Doc No. 2532623 and No. 2532624 located
in the SW ¼ of Section 32, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana.
Project Location: The property is addressed as 980 Story Mill Road, Bozeman, MT, and is located at the
northeast corner of Story Mill Road and Bridger Road.
Development Review Committee (DRC) Finding: The DRC determined that the January 31, 2023, revised
Canyon Gate Preliminary Plat Major Subdivision application conforms to standards and is sufficient for
approval with conditions and code provisions. Due to a re-starting of the public notice period, the application
was deemed adequate for further review on February 13, 2023.
Community Development Board (acting as the Planning Board) Finding: The City’s Community
Development Board (CDB), acting as the Planning Board, met on April 3, 2023, in a public meeting to discuss
the merits of the proposed Canyon Gate Preliminary Plat pursuant to Section 38.240.140.A.2 of the Bozeman
Municipal Code (BMC). The primary responsibility of the Planning Board in reviewing subdivision applications
is to determine compliance of the application with the City’s Comprehensive Plan Growth Policies. To that
end, the Board voted unanimously, 7 to 0, in favor of the following 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 22264 and move
to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions with the caveat that the Applicant must hold a meeting with
the neighbors prior to presenting the subdivision to the City Commission for action.”
Report Date: April 28, 2023
Staff Contact: Susana Montana, Senior Planner
Mikaela Schultz, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 2 of 35
EXECUTIVE SUMMARY
Project Summary
These findings are based on the January 31, 2023, revised application; the April 3, 2023, Planning Board
recommendation; public comment received as of April 18, 2023; the staff presentation to the City Commission
at the April 18, 2023, public hearing on this application; the Applicant’s presentation to the Commission at
the April 18, 2023, public hearing; and Commissioners’ discussions on the Motion.
The application materials are available in the Community Development viewer at Canyon Gate PP
application.
Written public comment letters can be accessed through the following link: Canyon Gate public comment.
A video of the April 3, 2023 Planning Board public meeting can be accessed through the following link:
Canyon Gate PP April 3, 2023 Planning Board mtg.
A video of the City Commission public hearing of April 18, 2023, can be accessed through the following link:
Canyon Gate PP April 18, 2023 City Commission mtg.
On February 13, 2023, the Development Review Committee (DRC) found the Preliminary Plat application
sufficient for continued review and recommended the conditions and code provisions identified in this report.
The final decision for this first major subdivision preliminary plat must be made within 60 working days of its
being deemed adequate for further review, or by May 1, 2023.
The Community Development Board acting as the Planning Board reviewed this application on Monday, April
3, 2023, and made a recommendation to the City Commission. The City Commission reviewed their
recommendation and made a final determination for conditional approval on Tuesday, April 18, 2023.
Forty written public comments have been received by April 28, 2023.
Unresolved Issue
There is one unresolved issue related to this preliminary plat application:
Internal connection to Northview Street to the east.
The Planning Board unanimously passed a Motion urging the Applicant to meet with neighbors, including
neighbors of the abutting Legends at Bridger Creek Subdivision Phase II subdivision, to seek an easement
over Legends Homeowners Association (HOA) open space lands to connect Canyon Gate Boulevard within
the subject subdivision to Northview Street lying within the Legends II Subdivision (see Figures 6 and 7). This
Northview Street connection from the eastern terminus of Canyon Gate Blvd. would provide more
direct/efficient access to Bridger Drive, a principal arterial roadway. It would also facilitate travel between the
two adjacent subdivision neighborhoods.
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 3 of 35
The City understands that a connection from the Canyon Gate subdivision to Northview Street would optimize
connectivity and would, overall, reduce travel time, reduce potential traffic conflicts on other neighborhood
streets with pedestrians of all ages and abilities, and would reduce traffic congestion on those other streets.
The City cannot require the Legends II HOA to grant the necessary easement to the Applicant. However, if
the easement is granted, the Applicant would be obligated to extend Canyon Gate Blvd. to Northview Street
to City standards. The Applicant has stated that he is willing to pay for the easement and for the road
extension. The only unresolved issue is whether the HOA will grant the easement.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................................... 2
Project Summary .............................................................................................................................. 2
Unresolved Issue .............................................................................................................................. 2
Table of Contents .......................................................................................................................................... 3
SECTION 1 - MAP SERIES ........................................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES .................................................................................................. 13
SECTION 3 – PRELIMINARY PLAT CONDITIONS OF APPROVAL .......................................................... 13
SECTION 4 -- CODE PROVISIONS…………………………………………………………..............................14
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................................. 16
SECTION 6 - STAFF ANALYSIS AND FINDINGS ...................................................................................... 17
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. ............................................. 17
SECTION 7 – FINDINGS OF FACT AND ORDER AND APPEAL PROVISIONS……………………………..28
APPENDIX A—ZONING AND GROWTH POLICY FINDINGS………………………………………………….30
APPENDIX B – NOTICING AND PUBLIC COMMENT…………………………………………………………..34
APPENDIX C – OWNERS INFORMATION AND REVIEWING STAFF………………………………………..35
FISCAL EFFECTS……………………………………………………………………………………………………35
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SECTION 1 - MAP SERIES
Figure 1. Location Map (Site in red)
Figure 2. Zoning Map (Site in red)
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Figure 3: Existing Site Conditions Map
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Figure 4: Open space (yellow) and Parks (green) in vicinity; Site is in red.
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Figure 5 Community Plan 2020 Future Land Use Designation:
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Figure 6: Preliminary Plat Summary Sheet
Figure 7: Potential Canyon Gate Blvd. connection eastward to Northview Street
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Figure 8: Preliminary Plat
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Figure 9: Concept Development Plan [not part of this application]
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Figure 10: Concept Green Plan [not part of this application]
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Figure 11: Parks Plan [not part of this application]
Figure 12: Flood paths pre- and post-development
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SECTION 2 – REQUESTED VARIANCES
No variances were requested.
SECTION 3 – PRELIMINARY PLAT 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.
1. BMC 38.600.170. Flood Risks. The following recommended conditions of approval address flood
hazard mitigation, flood risk notification, and indemnity for the Canyon Gate subdivision project.
A. Prior to issuance of public infrastructure plan approval by the City, the following must occur:
i. The flood hazard evaluation (FHE) report shall be sealed and certified by a professional
engineer. The certification shall include a statement that the proposed 100-yr flood hazard
mitigation plan is adequate to keep the proposed development reasonably safe from flooding
and does not increase the identified existing risk of 100-yr flooding to other properties.
ii. The design engineer shall certify that all proposed flood hazard mitigation improvements
contained in the stormwater design report and stormwater infrastructure plans and specs
are adequately sized to convey the relevant 100-year flood flows identified in the certified
flood hazard evaluation report.
iii. Offsite drainage easements shall be secured from all property owners along the 100-yr flood
conveyance path identified in the certified FHE report between the offsite point of discharge
of the proposed 100-yr flood routing pipeline and the offsite point of flood flow return to
Bridger Creek. Alternatively, in lieu of drainage easements, the Applicant may provide a
legal analysis, acceptable to the City Attorney, verifying that those drainage easements are
not required under applicable state law and local ordinance.
B. Prior to final plat approval, a notification provision shall be provided on the final plat ‘Conditions
of Approval’ sheet notifying future property owners, in language approved by the City Attorney,
that the subdivision is subject to 100-year flood hazards identified in the FHE that are not
reflected in the official FEMA Flood Insurance Study (FIS) and Flood Insurance Rate Maps
(FIRMs) effective April 21, 2021. The notification provision shall also state that the future revision
of the official FEMA FIS and FIRMs may place/map portions of the development into the
regulatory floodplain, potentially subjecting property owners of those areas to local floodplain
regulations and federal flood insurance mandates.
C. Prior to final plat approval, the Applicant shall sign a hold harmless and indemnity agreement, to
be prepared by the City Attorney and filed with the Gallatin County Clerk & Recorder,
acknowledging the risk of proceeding with development review applications prior to updated
FEMA maps and agreeing to forever hold the City harmless and defend it against claims.
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2. 38.400.080 and 110. Sidewalk Widths. The final determination of sidewalk width on the
west side of Story Mill Road will be made by the City prior to Infrastructure Plan approval and in
cooperation with the Transportation Master Plan relevant to the Canyon Gate area.
3. 38.410.070. Sanitary Sewer Systems.
a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant
must agree in writing to pay for the cost associated with an independent third-party analysis of the
downstream sewer system serving the development. The analysis must quantify the downstream
system's existing and future build-out capacity in relation to the proposed Canyon Gate development.
The engineer retained to produce the independent third-party analysis must be acceptable to the
City.
b. If the City-required downstream sewer analysis, as identified in 3.a above, demonstrates
that the subject development does not have adequate downstream sewer capacity in accordance
with BMC 38.410.070.A, then identified downstream sewer improvements must be installed by the
Applicant and formally accepted by the City in accordance with BMC 38.270.030.
c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant
proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin
(Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the
Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-
going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream
wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis
identified in 3.a above into the City's facility plan.
SECTION 4 – CODE PROVISIONS
1. BMC 38.100.080 – Compliance with regulations required.
The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed
as conditions of approval, do not, in any way, create a waiver and/or Administrative Rules of Montana
or other relaxation of the lawful requirements of the Bozeman Municipal Code or State Statute.
2. 38.220.060.12. Private Utility Services. Prior to Final Plat approval, the Applicant must provide
documentation of responses from private utility companies that they reviewed the subdivision plat
and that the plat can be provided with service, and the locations of private utilities have been
coordinated with the locations of the proposed public utilities.
3. 38.240.150. C. Standard Subdivision Conditions of Approval. Prior to Final Plat approval the
Applicant shall add the following condition of approval to the Final Plat Sheet 3 Conditions of
Approval section:
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a. No crawl spaces or basements may be constructed. Sump pumps are not allowed to be
connected to the sanitary sewer. 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;
b. All downstream water user facilities will not be impacted by this subdivision;
c. All lot frontages are subject to a 10-foot wide front setback utility easement;
d. If a utility easement is greater than the building setback required under Chapter 38 of the
Bozeman Municipal Code (BMC) said easement shall apply;
e. The property owners association bears all responsibility of maintenance for the storm water
facilities, storm water open space lots, pedestrian open space lots, and street frontage
landscaping for the perimeter streets. 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, storm water facilities, and all open space
landscaping; and
f. Lot access must be constructed to the standards set forth by the City of Bozeman Design
Standards and Specifications, and per the City of Bozeman Modifications to the State Public
Works Standard Specifications per BMC requirements.
4. 38.400100. Street Vision Triangle and Street Trees. Prior to infrastructure approval, the
Applicant must revise their proposed landscaping plan along both Story Mill Road and Bridger
Canyon Blvd. to reduce the impact of street trees on vehicular sight visibility triangle distances. The
Applicant must provide an updated landscaping plan to the City’s Transportation Division for review
and approval prior to final plat submittal.
5. 38.420. Parks Resources.
a. Add a note to the final plat which states: “Per 38.350.060 Bozeman Unified Development Code,
fences located along or in the rear or side setback of properties adjoining any City linear park
must have a maximum height of four feet.”
b. The developer must install signage at the perimeter of any private parking lot that is adjacent to
a City park stating that snow storage is not allowed within the public park. The Applicant must
add a note to the final plat indicating that snow removal from park sidewalks that serve as primary
egress from private lots is the responsibility of the Property Owners Association. The Applicant
must provide an exhibit of snow removal responsibility within the Park Master Plan.
c. A preconstruction meeting with the Parks Division is required prior to any site work. Applicants
must provide the most recent park plans and request a meeting at least 30 days prior to the
commencement of parkland construction.
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d. Prior to the City’s final acceptance of public park improvements or public street improvements,
the Applicant shall ensure that the City obtains ownership, free from any defects in title as
determined by the City, of any irrigation water rights appurtenant to those City parks or City
streets.
e. If an exempt well is proposed to provide irrigation water supply for the development, a written
determination from DNRC shall be provided prior to final site plan approval indicating that the
proposed exempt water use is allowable under applicable State law governing the use of
exempt wells.
f. An irrigation system that is privately owned and maintained shall be entirely separate and
discrete from an irrigation system that is City owned and maintained.
g. The Applicant must include this note on the final plat: “Private utilities are not allowed within
parkland unless otherwise approved by the Director of Parks and Recreation.”
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
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.
Development Review Committee (DRC) Finding: The January 31, 2023, revised Canyon Gate Major
Subdivision Preliminary Plat application conforms to standards and is sufficient for approval with conditions
and code provisions. Due to a re-starting of the public notice period, the application was deemed adequate
for further review on February 13, 2023.
Community Development Board (as the Planning Board) Finding: The City’s Community Development
Board (CDB), acting as the Planning Board, met on April 3, 2023, in a public meeting to discuss the merits
of the proposed Canyon Gate Preliminary Plat pursuant to Section 38.240.140.A.2 of the Bozeman Municipal
Code (BMC). The primary responsibility of the Planning Board in reviewing subdivision applications is to
determine compliance of the application with the City’s Comprehensive Plan Growth Policies. To that end,
the Board voted unanimously, 7 to 0, in favor of the following 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 22264 and move
to recommend approval of the Canyon Gate Major Subdivision Preliminary Plat with conditions and
subject to all applicable code provisions with the caveat that the Applicant must hold a meeting with
the neighbors prior to presenting the subdivision to the City Commission for action.”
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City Commission Determination. The City Commission’s public hearing on the Canyon Gate Major
Subdivision Preliminary Plat was held on April 18, 2023, in the City Commission Chamber, 121 N. Rouse
Avenue, at 6 P.M. The Commission met to consider the Preliminary Plat application for the subdivision of a
24.14-acre property zoned B-2M, R-3, R-5, and REMU. This Preliminary Plat would create a 5-Block, 15-lot
subdivision consisting of 11 buildable lots, 1 open space lot, and 3 City park lots as well as public roads. Off-
site improvements include underground flood management pipes leading to Bridger Creek to serve the
development and could include an extension of Canyon Gate Boulevard road eastward to connect to
Northview Street (see the Unresolved Issue section above).
Six members of the public spoke at the hearing. Forty written comments had been received prior to the
Commission meeting and the Commissioners considered those comments.
After reviewing the application materials, staff report, and public comment; after listening to the staff
presentation and responses to comments; after hearing the presentation from the Applicant and responses
to comments; after listening to public comment, the City Commissioners began their deliberations on the
application by making a Motion. Commissioner Madgic made the Motion noted below, which was seconded
by Commissioner Coburn. In their discussion, the Commissioners agreed that the application met the criteria
established by the Bozeman Municipal Code and State Statutes and positively addressed Community Plan
Growth Policies. Therefore, the application was approved with the conditions and code provisions outlined
in these findings.
The Motion was as follows: “Having reviewed and considered the application materials, public comment,
Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in
the staff report for Application 22264 and move to approve the Canyon Gate Major Subdivision Preliminary
Plat with conditions and subject to all applicable code provisions.” This Motion passed unanimously, 5 to 0.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B.
In considering applications for subdivision approval under this title, the Community Development Board, other
relevant advisory boards, and the City Commission shall consider the following criteria:
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 surveying and monumentation 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 (BMC). A conditions of approval sheet must be included with
the Final Plat and updated with any additional required notations as required by Preliminary Plat conditions
or code provisions.
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2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and
Platting Act and review processes per BMC 38.240.150.
a. The Final Plat must comply with the standards identified and referenced in the Bozeman Municipal
Code (BMC).
b. The Final Plat must comply with the standards of the BMC regarding streets, access and other Article
4 standards.
c. The Applicant is advised in Code Provision No. 1 that unmet code provisions, or code provisions that
are 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 (BMC) or State law. Sections 3 and 4 of this report
identify conditions and code provision corrections necessary to meet all municipal regulatory standards.
Therefore, it is expected that upon satisfaction of all conditions and code corrections, the subdivision will
comply with local subdivision regulations.
City Commission Findings: Part 5 of the Montana Subdivision and Platting Act authorizes municipalities
to adopt local regulations governing subdivisions. The City of Bozeman has adopted local regulations in
accordance with state law. As described more fully below, the Commission found that the Canyon Gate
preliminary plat application complies with local regulations found in Bozeman’s Unified Development Code,
Chapter 38 BMC. The application, when satisfying the Code Provisions noted above, will comply with BMC
code requirements without requesting any variances from code standards. The Commission specifically
noted that public health, safety, and welfare were adequately protected through the application’s proposal to
pipe floodwater through the site and discharge it into its historic channel back to Bridger Creek, which may
better protect other nearby properties from flooding. Additionally, the Commission noted that planned
improvements to the intersection of Story Mill and Bridger Canyon would mitigate concerns regarding current
traffic in the area and traffic generated by this development. The criterion is met.
3. Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act.
The Applicant requested subdivision review under the terms of 76-3-616 and BMC 38.240.100. The
application was initially received on August 24, 2022, and was deemed inadequate for further review. Revised
application materials were received on December 21, 2022, and January 31, 2023. The Development Review
Committee (DRC) deemed the application adequate for review on February 13, 2023. A public meeting was
held by the Community Development Board, acting as the Planning Board, on April 3, 2023, and a public
hearing with the City Commission was held on April 18, 2023.
The public meeting before the Community Development Board and the public hearing before the City
Commission were properly noticed as required by the BMC. 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 by the date of the Planning Board meeting, the Planning Board is required
to, and did forward a recommendation via a staff report to the City Commission for their consideration to
make the final decision on the preliminary plat application.
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The final decision for this first major subdivision preliminary plat must be made within 60 working days of its
being deemed adequate for further review, or by May 1, 2023, and the City Commission made its decision
on April 18, 2023.
Pursuant to BMC 38.240.100, the City Commission was to approve, conditionally approve or deny a major
subdivision preliminary plat application within 60 days from the date the application was deemed “adequate
for further review” by the City, 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 B beginning on February 28, 2023. A
second public notice period began on March 17, 2023, and ended on April 18, 2023.
Public comment was requested at the April 18, 2023, Commission hearing and six persons provided comment
on the proposed subdivision. As of the April 28, 2023, date of this staff report, no new public comment has
been received.
On March 28, 2023, a staff report for the Canyon Gate Major Subdivision Preliminary Plat (PP) was forwarded
to the Community Development Board with a recommendation for conditional approval. On April 3, 2023,
the Board, acting as the Planning Board, recommended approval of the PP with conditions and code
provisions. They also recommended that the Applicant meets with neighbors to discuss unresolved issues
prior to the April 18, 2023, City Commission meeting.
City Commission Findings: The Commission concurred with the staff’s evaluation that the criteria for
approval are met with conditions and code provisions.
Compliance with Chapter 38, BMC, and other relevant regulations.
Community Development staff and the City’s Development Review Committee (DRC) reviewed the
preliminary plat application against all applicable regulations of the BMC as well as provisions of the Canyon
Gate Annexation Agreement Covenants, Conditions and Restrictions (CC&Rs) document. Based on the
review by the DRC and the Department of Community Development, all applicable regulations are met if all
conditions of approval and BMC code provisions are satisfied. The Conditions of Approval and Code
Provisions approved by the City Commission are included in Sections 3 and 4 above. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental
Quality and the requirements of the City of Bozeman Design Standards and Specifications Policy and Public
Works Standard Specifications. No variances were requested by the Applicant.
1. Documentation of Compliance with BMC 38.220.060 to identify impacts to surrounding
assets.
A subdivision pre-application plan review was completed by the Development Review Committee (DRC) on
July 7, 2022. No variances were requested. Concurrent construction of public infrastructure with
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development of individual lots was requested by the Applicant. Such improvements must meet the standards
of an approved Infrastructure Plan.
This Preliminary Plat must address the review criteria of State Planning Law Section 76-3-608 (3)(a) and the
application must clearly identify potential impacts of the subdivision on agriculture, agricultural water user
facilities, local services, the natural environment, wildlife, wildlife habitat and public health and safety. Those
parameters are addressed in the following Section 38.220.060.A, subsections 1 through 19. Staff offers the
following summary comments on the supplemental information documents required by BMC 38.220.060.
38.220.060. A.1 – Surface water
There are no streams, irrigation ditches, or wetlands on the property. There are no alterations to water bodies
proposed or required for the project. Due to concerns about the accuracy and age of the existing floodplain
mapping of nearby Bridger Creek, the City of Bozeman Floodplain Administrator recommended that a Flood
Hazard Evaluation be conducted as noted in Condition of Approval No. 1. The evaluation found that a 100-
year flood of Bridger Creek inundates portions of the adjacent Legends Subdivision and of the proposed
Canyon Gate Subdivision, even though it is not identified by existing FEMA floodplain mapping. The historical
flood path is shown on plan Sheet C0.3 and Figure 12 above.
38.220.060. A.2 - Floodplain
The mapped special flood hazard areas for Bridger Creek above Story Mill Road have not been updated by
FEMA since its original detailed flood insurance study was completed in 1982. Substantial natural change,
much of which is related to beaver activity, has occurred to the creek channel since that time. Significant
manmade alterations near the mapped special flood hazard areas for Bridger Creek have also taken place
over the ensuing 40+ years; notably, residential subdivision development. Despite these natural and
manmade changes, FEMA’s currently effective FIRMs still only reflect the Bridger Creek flood hazards that
were identified and mapped in the early 1980s.
Canyon Gate Flood Hazard Evaluation
The Canyon Gate project was required to prepare a flood hazard evaluation (FHE) to determine the nature
of the existing flood hazard at the subject property. This is because the effective flood study and FIRMs for
Bridger Creek are outdated and can no longer be confidently relied upon for flood risk identification and
mitigation purposes. The FHE utilizes accurate and contemporary topographic LiDAR data along with
advanced 2-D hydraulic modeling techniques to simulate the existing 100-year flood hazard for Bridger Creek
with a much higher level of confidence. The FHE can be utilized to identify the existing flood risk at the
subject property and flood mitigation infrastructure solutions intended to keep the development reasonably
safe from flooding and ensure that flood risk to other properties is not increased as a result of the
development. These policy concepts of risk identification, mitigation, and prevention of adverse effects to
others are bedrock principles enshrined in the federal NFIP, state floodway and floodplain management act,
and local floodplain regulations.
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Upcoming FEMA Restudy and Remapping of Bridger Creek Special Flood Hazard Area
In personal communications held December 1, 2022, with the Water Operations Bureau Chief at MT DNRC
(responsible for overseeing the state’s floodplain mapping program, which occurs cooperatively with FEMA),
the City learned that flood hazards associated with Bridger Creek are scheduled to be restudied and
remapped by FEMA beginning 2025. Upon completion of the restudy effort, new FIRMs will be produced
and become effective for regulatory purposes. In the intervening period, the FHE will be utilized for flood risk
identification, mitigation, and to ensure no adverse effects to others as related to the subject development.
The City advises the Applicant that the FHE has not been completed to FEMA standards, so the Canyon
Gate developer takes on risk that the upcoming FEMA study could conclude that flood risk persists despite
mitigation measures installed to mitigate the flood risks identified in the FHE. Those flood risks, once officially
effective for regulatory purposes, may impact the future development potential of the subject property,
increase regulatory compliance costs, and/or mandate future property owners of the development to
purchase flood insurance. Please see Condition of Approval No. 1.
38.220.060. A.3 – Groundwater. Groundwater monitoring was conducted as part of the geotechnical
investigation. The results of the groundwater monitoring are provided in the Geotechnical Report.
Groundwater monitoring was conducted at 8 monitoring wells from March 2022 to May 2022. The seasonal
high groundwater was found to range in depth from 6.44’ to greater than 13 feet. Groundwater is flowing to
the west and is assumed to discharge to the East Gallatin River about ½ mile to the west. The range of
groundwater depth encountered was largely due to the rolling topography of the site with some wells located
at lower or higher relative locations. After site grading, high groundwater will more consistently be about 10’
below the surface. The significant depth of groundwater will protect it from degradation. Additionally,
stormwater will be treated and infiltrated back into the ground to maintain the existing groundwater hydrology.
Lastly, City sewers will collect wastewater from the property. Code Provision No. 3.a. prohibits crawl spaces
or basements within any buildings within this subdivision without the review and approval of a professional
engineer licensed to practice in Montana and requires such notice to be placed in the Conditions of Approval
Sheet of the final plat.
38.220.060. A.4 - Geology, Soils, and Slopes. A geotechnical investigation was conducted on the
property. The Geotechnical Report did not find any geologic hazards on the property. The report found that
“site conditions pose little risk to construction associated with the planned development.” Soils are suitable
for conventional foundation and site development construction. Soil properties, borehole logs, and
groundwater monitoring results are provided in the report. Site grading is expected to be typical of urban
development and large cuts and fills are not proposed. In general, the rolling topography will be smoothed
out to better accommodate roadway and building site grades, and the site will be slightly elevated to mitigate
concerns from flooding in the adjacent Legends subdivision.
38.220.060. A.5 – Vegetation. The site is currently occupied by pasture grass and some groves of mature
native trees. The existing tree locations are shown on plan sheet C0.3 and Figure 3 above. The property has
been historically farmed, but is presently fallow and is surrounded by developed property. No critical plant
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communities requiring protective measures exist on the property. A Weed Management Plan has been
submitted to the Gallatin County Weed Board and a copy of the plan has been submitted with this application.
38.220.060. A.6 – Wildlife. The Canyon Gate Site is surrounded by urban development. There is a
wetlands wildlife corridor north of the Site at Bridger Creek. Chapter 5 of the 2020 Community Plan states
that “lands within the designated urban area are typically utilized for development purposes and will have a
minor impact on wildlife habitat. […] The habitat needs of larger and/or predatory wildlife species such as
deer, moose, bears, coyotes, or similar species will not be met within urban density development and will
likely conflict with people. Therefore, these types of animals are found to be undesirable within the City
boundaries.” The parkland and open space in the proposed Canyon Gate development may inevitably be
used by wildlife of all types. The east-west “green corridor” within the Site will likely connect the community
to the surrounding parks and may continue to serve as a path for animal migration. No endangered species
or species of concern use the area affected by the proposed subdivision, and there are no significant wildlife
areas on the site to identify. The Site is not adjacent to public lands or known hunting or fishing areas;
however, the subdivision will improve public access by connecting truncated streets, trails, and sidewalks to
nearby public parks and recreational areas (see Figure 4). The proposed 3.06-acre public parks (2.33-acres)
and open space (0.73-acre) areas within the development are designed with an extensive trail system to
safely connect to public lands throughout the surrounding Story Mill District.
38.220.060. A.7 – Agriculture. The property has been historically farmed, but is presently fallow and is
surrounded by developed property. The Site is currently occupied by pasture grass and mature trees and is
not actively used for agriculture.
38.220.060. A.8 - Agricultural Water User Facilities. There are no agricultural water user facilities on
the property.
38.220.060. A.9 - Water and Sewer. Engineering Reports for Water and Sewer are provided in the
Documents application. Sanitary Sewer Systems may need upgrading to service the subdivision as is noted
in Condition of Approval 3 a, b, and c:
a. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, the Applicant
must agree in writing to pay for the cost associated with an independent third-party analysis of the
downstream sewer system serving the development. The analysis must quantify the downstream
system's existing and future build-out capacity in relation to the proposed Canyon Gate development.
The engineer retained to produce the independent third-party analysis must be acceptable to the
City.
b. If the City-required downstream sewer analysis, as identified in Condition of Approval 3.a
above, demonstrates that the subject development does not have adequate downstream sewer
capacity in accordance with BMC 38.410.070 A, then identified downstream sewer improvements
must be installed by the Applicant and formally accepted by the City in accordance with BMC
38.270.030.
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c. Prior to engineering infrastructure approval of the Canyon Gate Subdivision, if the Applicant
proceeds with their proposal to divert upstream sewage from the East Gallatin River Drainage Basin
(Headlands Subdivision Drainage Basin Section) as presented in their sewer report, then the
Applicant must agree in writing to pay for the cost associated with an amendment to the City's on-
going Wastewater Facility Planning effort. The amendment must incorporate the proposed upstream
wastewater diversion, update the City's hydraulic model, and incorporate any findings in the analysis
identified above into the City's facility plan.
New water and sewer mains will be extended in the proposed streets to serve the lots within the Canyon
Gate subdivision. The proposed parks and open space will be irrigated with exempt well(s) and irrigation
requirements are within the regulatory limits of an exempt water right. A confirmation letter from the DNRC
is included in the Documents. Water rights for the subdivision lots will be provided by cash-in-lieu of water
rights (CILWR) payments. Due to the large lots proposed, all future lot development will undergo a Site Plan
review. The CILWR will be determined and paid upon the plan review and development of each lot.
Concurrent construction of subdivision infrastructure and site development is proposed for the residentially
zoned lots, to enable site plan and building permit reviews to proceed for the initial projects while subdivision
infrastructure is being completed, inspected and accepted by the City.
38.220.060. A.10 - Stormwater Management. Stormwater runoff will be mitigated for subdivision streets,
parks, and open spaces. On-site stormwater mitigation will be provided for the development of each lot at
the time of lot development. Flood conveyance piping is also described in the Storm Drainage Engineer’s
Report.
38.220.060. A.11 - Streets, Roads, and Alleys. Canyon Gate is accessed from Story Mill Road and
extensions of Spirit Crossing Lane and Maiden Spirit Street from the Legends Subdivision. A driveway
access to the southernmost Block 5, Lot 1 from Bridger Drive (Highway 86) was requested by the Applicant
and may be granted by the Montana Department of Transportation (MDOT). A new north-south Lucy Lane
is provided on the east side of the subdivision. The City is currently improving the intersection of Bridger
Drive and Story Mill Road and is installing a traffic signal there. The Canyon Gate subdivision improvements
consist of dedicating rights-of-way (ROW) and widening Story Mill Road to a City Collector standard from
Bridger Road to Boylan Road. Interior streets will be constructed to a 35-foot-wide local street standard within
a 60-foot-wide ROW. Proposed street sections are provided on plan sheet C4.1. Bicycle lanes are provided
on Story Mill Road. Ten-foot-wide shared-use pathways will be provided on the east side of Story Mill Road
north of Bridger Road. Per Condition No. 2, the Applicant may provide an adequate shared use path on the
west side of Story Mill Road north of Bridger Road in accordance with the City’s Transportation Plan, to the
extent of the Site’s frontage and provided landowners thereon and the County grant permissions. These
pathways in conjunction with the internal park pathways will provide enhanced multi-modal connectivity
between existing and proposed community parks and neighborhoods. All local streets proposed in the
Canyon Gate subdivision include City Standard sidewalks on both sides of the street. Lot 1 of Block 5, at the
intersection of Story Mill Road and Bridger Road, is proposed to be directly accessed from both Bridger Road
and Story Mill Road if permission is granted for a driveway access point from Bridger Road. This lot is
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proposed as a large, mixed-use lot. Additionally, shared access for Lots 1 and 2 of Block 1 is proposed from
Story Mill Road. The suitability of these accesses is addressed in the Traffic Impact Study. Only minor
modifications to existing streets are required. As mentioned previously, Story Mill Road will be improved to
City Collector Standards. An existing approach continuing Weeping Rock Lane south of Boylan Road will be
removed since this street is not required to be extended. If granted permission by MDOT and the City, an
existing approach on Bridger Road will be relocated to the west to serve Lot 1 of Block 5. Occasional street
closures will be required during utility and street construction. All streets will be paved and gravel alleys are
not proposed. Proposed streets will be City owned and maintained.
Stormwater collection and mitigation will be provided for new subdivision streets and Story Mill Road.
Stormwater will be treated and infiltrated in a sub-surface system located on the common Open Space Lot A
in Block 1. The property owner's association will maintain the stormwater mitigation system serving the City
streets located on the common Open Space Lot A in Block 1.
The Traffic Impact Study (TIS) describes the traffic generation, capacity analysis and level of service, and
any traffic calming required as mitigation for potential adverse traffic impacts to neighborhoods. The TIS
shows that all intersections and approaches will operate at a level of service “C” or better.
Concurrent construction of subdivision infrastructure and site development is proposed for the residentially-
zoned lots to enable site plan and building permit reviews to proceed for the initial projects while subdivision
infrastructure is being completed. The Concurrent Construction Plan must address compliance with BMC
Section 38.270 and requires approval of an Infrastructure Plan.
38.220.060. A.12 – Non-Municipal Utilities. The subdivision plat has been provided to NorthWestern
Energy, Yellowstone Fiber, Spectrum, and Century Link for review. To date, no response has been provided.
Code Provision No. 2 requires proof from the private utilities that they can and will serve the subdivision.
Canyon Gate is surrounded by existing development with multiple points of service from existing utilities.
Non-municipal utilities will be located in 10-foot-wide wide utility easements running along all subdivision
streets and lot frontages. To accommodate the widening of Story Mill Road, the existing overhead power line
running along this street is proposed to be relocated underground in the new utility easement provided on
the preliminary plat. The proposed utility easements outside of the City rights-of-way will reduce conflicts
between municipal and non-municipal utilities.
38.220.060. A.13 - Land Use. Canyon Gate Subdivision consists of 24.14 acres to be subdivided
into 11 buildable lots, 3 parks, an open space lot, and street rights-of-way. The property has been annexed
into the City of Bozeman and has four zoning designations: B-2M, REMU, R-5, and R-3. Three lots are
proposed within the western B-2M zoning for mixed-use (residential above commercial space). Six lots
adjacent to existing residential development are proposed within the R-3 zoning for medium-density
residential. Two lots in the center of the property within the R-5 zoning are proposed for higher-density
residential development. A REMU lot, designated as Public Park A, is situated between the B-2M zoned
mixed-use and neighboring residential areas. An Open Space A lot is located north of the mixed-use B-2M
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lots providing a buffer between residential lots to the north. The Open Space A lot will have underground
stormwater drainage facilities and an at-grade dog park and community garden area. Two lots, Public Park
B and C, provide amenities for project residents and neighbors alike. The park lots provide the subdivision
and community with valuable trail connections, public gathering, and recreational spaces.
The Annexation Agreement CC&R document by the Applicant further delineates land uses within the
subdivision and development therein by establishing height and bulk limitations and the provision of income-
restricted housing as follows:
[Canyon Gate Declaration of Covenants, Conditions and Restrictions, recorded in Document No. 2774188
by the Gallatin County Clerk and Recorder on April 28, 2022.]
It is noted that Provision 2 of the CC&R document was amended by the City Commission on April 18, 2023
to read:
“Provision of Income Restricted Housing. In order to advance the goals of the Bozeman
Community Plan 2020, Declarant agrees to provide in perpetuity within the R-5 zoning area within
the Canyon Gate Annexation Property, a minimum of 60 housing units that are priced for lease or
purchase no greater than 120% of Area Median Income at an interest rate of 3.5% per the matrix
set forth in Exhibit B. As determined by the City, a one person household includes studios, two
person household includes one bedroom units, a three person household includes two bedroom
units, and four person household includes three bedroom units. The lease or sale (or combination
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thereof) and management of the income restricted housing units shall be administered by a
community land trust or other entity acceptable to the City. Declarant shall begin construction of
the income restricted housing prior to any vertical construction within the B2M zoning district and
shall complete all 60 units within 24 months after commencing construction.”
The revision to Provision 2 clarifies that the 60 below-market rate dwelling units shall remain at the same
affordability rate in perpetuity and the units may be sold or rented at that rate in perpetuity.
These provisions will be reflected in any development within this subdivision.
38.220.060. A.14 - Parks and Recreation Facilities. According to the Applicant: “The Canyon Gate
Park Master Plan was developed to create a pedestrian circulation pattern that invites residents and
neighbors to move into and throughout the development. This is accomplished through a linear park system
that runs east-west through the center of the Site to connect parkland in adjacent neighborhoods to the “M”
Trail, Story Mill Spur Trail, and Story Mill Community Park. The street layout was designed to minimize street
crossings along the linear park and most of the neighborhood will have one or fewer crossings required to
reach the major park amenities. The park system will have a playground, picnic shelter, seating, art, and a
10’ concrete path. The linear park system is supplemented by a planned north-south pedestrian corridor
through the B-2M zoned parcels that connect the linear park trail to an open space parcel with a dog park
and community garden that will have a public access easement. The project proposes 15.68 acres of
residential area with 3.08 acres of public parks and open space. The project will provide a minimum of
$256,367 in Improvement-In-Lieu. The subdivision dedicates parks or improvements-in-lieu up to 12 dwelling
units/acre for all lots.”
Code Provision No 5 identifies requirements for the development and maintenance of park assets and
facilities within this subdivision.
38.220.060. A.15 - Neighborhood Center Plan. The focal point of the subdivision is the linear park running
east-west and south through the center of the development (see Figures 9 through 11). This park is adjacent
to neighborhood commercial development and contains several park amenities. The park amenities include
an extensive network of trails, a playground, and a picnic pavilion. This “green corridor” connects the
residences in the Canyon Gate development to the adjacent neighborhoods. The parks’ district-wide
connectivity lends itself to forming a neighborhood center. It is likely that neighborhood-serving commercial
establishments within the B-2M zoned properties, such as a coffee shop or convenience store, will also serve
as a neighborhood gathering space.
38.220.060. A.16 - Lighting Plan. All subdivision street lighting is proposed within the street right-of-way in
accordance with the City’s lighting design standards. Street lighting will be provided for Story Mill Road and
internal streets. Lighting is also proposed where pedestrian pathways cross streets in accordance with City
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standards. Any lighting associated with future lot development will be reviewed for conformance with City
standards at the time of site plan application for individual lots.
38.220.060. A.17 – Miscellaneous
a. Public Lands. The Site is not adjacent to public lands, hunting, or fishing areas; however, the subdivision
will increase public access to the Site and the surrounding public lands by connecting truncated streets, trails,
and sidewalks. The project will also include 3.06 acres of public parks and open space.
b. Hazards. Future development would mitigate potential hazards associated with floodwater flows as
described in Condition of Approval No. 1. The Traffic Impact Study identifies potential hazards associated
with delays in emergency service providers reaching the Site when there is a train on the train tracks at the
Rouse, Griffin or L Street crossings. If and when this conflict exists, the Bozeman Fire Department Dispatch
software will automatically route the service call to the Central Valley Fire Station at Spring Hill Road to
respond to the call.
c. Wildlands-Urban Interface. The Site is within the Wildlands-Urban Interface (WUI) and lists the Site and
nearby areas as having low-priority hazards.
38.220.060. A.19 - Affordable Housing. The Applicant states: “The owner recognizes the housing crisis in
our valley and the lack of obtainable, workforce housing. In response, the owner has voluntarily offered to
provide a minimum of 60 housing units within the R-5 zoning that are priced no greater than 120% of Area
Median Income (AMI) at an interest rate of 3.5%. The management of the income-restricted housing units
shall be administered by a community land trust or other entity acceptable to the City. Construction of the
income-restricted housing will begin before the vertical construction within the B-2M zoning district and will
complete all 60 units within 24 months after commencing construction. In addition to the effort above, the
owner is proposing to develop a range of housing types that will provide variety in housing prices within the
Bozeman housing market to better serve the needs of residents.” As noted in the revised CC&R document,
the affordability AMI level will remain on those units in perpetuity whether they are sold or rented.
City Commission Findings: The City Commission agreed with staff analysis, as well as the proposed
conditions of approval and noted code provisions, in finding that the criteria is met. The Commission made
the following specific findings related to this criterion:
The applicant’s flood hazard mitigation strategy is appropriate to preserve public health, welfare, and
safety by conveying flood waters through a pipe under the development. The proposal may also
benefit neighboring properties by directing flood waters more directly back to Bridger Creek.
The application includes the provision of below-market-rate, missing middle, workforce housing,
which is key to advancing Bozeman’s growth goals as articulated in the Bozeman Community Plan
2020.
The proposed land use complies with zoning and with the future growth map adopted by the City,
particularly the density and diversity of housing types, as well as its location on the site (locating less
dense housing near neighboring low-density developments and locating the higher density buildings
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interior to the Site), promoting connectivity within the site and surrounding neighborhoods. The
opportunity for a commercial node in the B-2M portion of the site and its proximity to arterial and
collector streets also supports themes and goals of the growth policy. All of the proposed subdivision
meets the criteria for development in each of the zoning districts on the site.
Acceptance of cash in lieu of parkland is appropriate and consistent with requirements in the code
because of the development’s close proximity to two of Bozeman’s biggest and best parks. Funds
received can be used to improve recreational assets already in existence.
Although more traffic will accompany higher-density development in this neighborhood, planned
street improvements to the intersection of Story Mill and Bridger Canyon will enhance the efficient
movement of traffic. On-site businesses in the B-2M zoning district may reduce traffic by offering
nearby residents a place to satisfy basic needs through alternative transportation means.
Although some mature trees on site will be removed in the development process, the benefits of the
development are an acceptable offset for the loss of the trees. The proposal to remove trees and
the proposed landscape plan are consistent with all code requirements.
SECTION 7 –FINDINGS OF FACT AND 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; and to determine whether the preliminary plat should be approved,
conditionally approved, or denied.
C. The matter of this preliminary plat application was considered by the City Commission at a public
hearing on April 18, 2023, at which time the Department of Community Development Staff reviewed the
project, submitted and summarized recommended conditions of approval, 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 and code provisions.
E. The City Commission requested public comment at the public hearing on April 18, 2023, and eight
persons offered comment.
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 complies with the requirements of the Bozeman
Municipal Code with conditions of approval as recommended by staff. Therefore, being fully advised of all
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matters having come before them regarding this application, the City Commission makes the following
decision.
G. For the reasons set forth above, the preliminary plat meets the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any
elements not in conformance with the standards of the Chapter including those identified in Section 4 of this
report. The evidence contained in the submittal materials, advisory body review, public testimony, and this
report, justify the conditions imposed on this development to ensure that the subdivision final plat and
subsequent construction comply with all applicable regulations, preserve public health, welfare and safety,
and all applicable criteria of Chapter 38, BMC.
H. This City Commission decision 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. Per BMC 38.240.160.A.2, the preliminary approval of
this 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 for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
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City Commission Findings of Fact and Order for
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_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY FINDINGS
Zoning Designation and Land Uses:
The subject property was given three zoning designations: B-2M, Community Business District—Mixed; R-
3, Residential Medium Density District; and R-5, Residential Mixed Use High-Density District. The intent of
the B-2M district is to function as a vibrant mixed-use district that accommodates substantial growth and
enhances the character of the City. The intent of the R-3 district is to provide for the development of one- to
five-household residential structures near service facilities within the City. The intent of the R-5 district is to
provide for high-density residential development through a variety of housing types within the City with
associated service functions.
The 24.14-acre Site, having the three zoning designations, combined, would meet the intent of each of the
three zoning districts by providing neighborhood-serving commercial activities, a variety of housing types with
a variety of densities within the 11 buildable lots.
Furthermore, the annexation agreement (Project No. 21337) stipulates where the various types and densities
of housing are to be situated within the subdivision.
Adopted Growth Policy Designation:
The Site lies within two Future Land Use Map (FLUM) designation areas. The westernmost B-2M zoned
lands lie within a Community Commercial Mixed Use designation and the remaining lands lie within a
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Residential Mixed Use designation.
Table 4 of the Bozeman Community Plan 2020, excerpted above, shows the correlation between the Site’s
future land use map designations and implementing zoning districts. The Site’s zoning designations are
implementing zones for the two respective FLUM designations.
This proposed subdivision is well-suited to implement the two FLUM designations by providing lots that will
support a variety of housing types including duplex, fourplex, housing over commercial space, and apartment
multi-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 and is defined by the Plan
as: “Missing middle housing is housing constructed in buildings which are of a size and design compatible in
scale and form with detached individual homes. Example housing types include duplex, triplex, live-work,
cottage housing, group living, row houses, townhouses, horizontally layered apartments, flats, and other
similar configurations.” The BMC now has the following definition for Missing Middle housing: “Missing
middle housing. A residential building containing two, three, or four dwellings in any configuration,
as well as townhomes and cottage housing.”
The growth policy encourages development to be walkable, which is defined in the Plan 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.
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Figure 13: Concept Plan [not part of this application]
In the proposed conceptual development plan shown above, the New Canyon Gate Blvd, the extension of
Maiden Spirit St. through the Site and the Public Parks A, B and C “green corridor” through the Site provide
the “Center” of the subdivision.
Currently, there is not enough population density to support Streamline transit to the neighborhood. The
closest bus stop is the Blue Line at Walmart or the Brown Line at Rouse and Tamarack streets.
There are trails and sidewalks situated throughout the Site to make for safe and effective pedestrian and bike
travel within the Site. The Site is walkable but travel outside the Site will require vehicular or bicycle travel.
The Site has a Walk Score of 30 (car dependent), a Transit score of 0 (no transit services), and a Bike Score
of 43 (somewhat bikeable). The 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 undeveloped former farmland, surrounded by existing residential uses. Complimentary uses
such as schools, parks, grocery stores, and employment opportunities are distant and require vehicle travel.
There are no adopted development standards relating to the Walk Score.
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City Commission Findings of Fact and Order for
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The proposed development is roughly 1/4 mile to Story Mill Park and about ½ mile to Glen Lake Rotary Park,
which provide a variety of recreational opportunities. The closest grocery store is the Town and Country at
Highland and Main streets which is approximately 2.3 miles from the Site. The two closest schools are the
Hawthorne Elementary about 2 miles from the Site and Whittier Elementary approximately 2.3 miles from the
Site.
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-3.8 Promote the development of “Missing Middle” housing (townhouses, multi-household).
In addition to those Community Plan policies that apply to this subdivision, the Applicant offers the following
evaluation of the 2020 Bozeman Community Plan goals and policies, including:
Goal N-1: Support well-planned, walkable neighborhoods. The development will connect streets and
sidewalks that were truncated in anticipation of development. “The subdivision and parkland are designed to
connect the Canyon Gate development to neighborhoods, schools, services, jobs, parks, and trails that will
promote a walkable and bikeable community.”
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through
diverse mechanisms in appropriate locations. “This residential development will have commercial nodes
along the prominent intersection of Story Mill Road and Bridger Drive. In conjunction with the array of
residential housing options, the commercial will create a focal point in the Story Mill District and serve the
neighboring communities.”
Goal N-3: Promote a diverse supply of quality housing units. “Canyon Gate will have a minimum of 60
workforce/”Missing Middle” housing in addition to a variety of housing types including, duplexes, fourplexes,
and apartment buildings. The assortment creates a smooth transition between low and high-density mixed-
use and is designed to improve the current housing crisis by providing variety and density in appropriate
locations.”
Goal N-4: Continue to encourage Bozeman’s sense of place. “This project proposes a commercial node
within the Story Mill District to serve the surrounding community. The development will complement the
nearby historic structures and contribute to the identity of the district by encouraging a commercial core along
Story Mill Road leading to the historic mill.”
Goal DCD-1: Support urban development within the City. “The site is surrounded by development and is
located on a prominent corner within the Story Mill District. The property is currently underutilized and
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City Commission Findings of Fact and Order for
Canyon Gate Major Subdivision Preliminary Plat; Project 22264 Page 34 of 35
undeveloped. The proposed residential and mixed-use development is near a large network of trails and
parks to support this infill project.”
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of community development,
oriented on centers of employment and activity. Support an increase in development intensity within
developed areas. “This infill project encourages a commercial hub, a variety of housing types, and a range
of densities. This will form a center of employment and activity while encouraging continuity in adjacent areas
of the district.”
Please note that the recent Housing Departures Ordinance 2111 defined “Infill” as: “The development or
redevelopment of vacant, abandoned, or underutilized properties within or wholly surrounded by the City,
and where water, sewer, streets, and fire protection have already been developed and are provided. Infill is
development proposed or located within land that has been subdivided for at least 35 years.” Since this Site
is a recently annexed and zoned fallow farmland unsubdivided Tract of land, it does not qualify as an “infill”
site and, therefore, this staff analysis does not describe it as such.
Goal DCD-3: Ensure multimodal connectivity within the City. “The increased development in this area is
currently spurring the expansion of public transportation services. The development will extend truncated
streets and sidewalks to create a continuous network of biking and walking trails and form a community that
fosters walkability. This multimodal community will be strengthened by the proposed commercial node and
increased residential density.”
APPENDIX B. NOTICING AND PUBLIC COMMENT On February 28, 2023, and again on March 17,
2023, public notice was provided at least 15 and not more than 45 days prior to the April 3rd and Community
Development Board public meeting and the April 18th City Commission public hearing. Pursuant to BMC
38.220.420, notice was provided by posting the Site, mailing by certified mail to the Applicant and adjacent
property owners and by first class mail to all other owners within 200 feet. The notice contained all elements
required by Article 38.220 of the BMC. Due to an error in the location map included with the notice sheet, a
second public notice period and mailing was initiated on March 17, 2023, with a corrected map. The second
public notice period was from March 17, 2023, to the April 18, 2023, City Commission meeting. As of the
April 18th City Commission meeting, 40 comment letters were received by the City Clerk and are posted at
this link: Canyon Gate Public Comment letters
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Eight persons commented at the City Commission meeting which can be viewed at the following link:
Canyon Gate PP April 18, 2023 City Commission meeting
April 3, 2023 CDB Meeting: Canyon Gate April 3, 2023 Planning Board meeting
APPENDIX C: OWNER INFORMATION AND REVIEWING STAFF
Owner: Canyon Gate Investors, LLC, 111 W. Lamme Street, Suite 101, Bozeman, MT 59715
Representative: Brooke Perrelli, SMA, 428 E. Mendenhall Street, Bozeman, MT 59715
Report By: Susana Montana, Senior Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time but will include increased property tax revenues from new
development, along with increased costs to provide municipal services to the property.
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