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Findings of Fact and Order for the 2131 Graf Street Minor Subdivision
Preliminary Plat; Application No. 22188.
Public Meeting Date: The City Commission meeting will be held Tuesday, February 7, 2023 at
6:00 pm.
Project Description
The 2131Graf Street Minor Subdivision is a proposed 5 lot minor subdivision, is within a R-4
(Residential High Density District) zoned property located directly West of South 19th Avenue,
between Lantern Drive and Graf Street. The minor subdivision is located on a 25.99-acre parcel.
Development plans for the property have been reviewed and approved through a Master Site Plan
and Phase I Site Plan, Project No. 19308 and 19309. South 21st Avenue would be extended
between Lantern Drive and Graf Street with Phase I. Water and sewer main extensions for the
entire property would be installed to serve the minor subdivision with Phase I. A 2.116 acre City
park is proposed on the north side of the subdivision on Block 1, Lot 1, and has been reviewed and
approved with the Master Site Plan.
Development of the property would take place in two phases. Phase I is on the north side of the
plat consisting of 3 lots; Phase II is on the southwest side and consists of 2 lots. Lot 1, Block 1
shows the location of the proposed Lantern Park which would be installed with Phase I of 2131
Graf Apartments project. The Lantern Park is being constructed in cooperation with Nexus Point
Apartments project located immediately to the north. This parkland consists of a combined 3.374
acres located in the Northeast corner of the property. The park would include pavilions, a dog park,
a playground area as well as an exercise trail, and equipment. In addition, 0.62 acres of a narrow
30-foot wide public park easement is being provided within the trail corridor on the West boundary
of the project within Block 2, Lots 1 and 2. The Applicant previously coordinated with the City of
Bozeman Parks and Recreation Department on the layout and development of the park plan and
received approval from the Parks Department’s Subdivision Review Board.
The subdivision would have a trail corridor that would give pedestrians east-west access through
the development to South 19th Avenue. Sidewalks would be installed on both sides of South 21st
Avenue from the existing Lantern Drive to Graf Street. A pedestrian trail connecting the park
sidewalks to 19th Street would also be constructed with the park development. A footbridge for
the park pedestrian connection has been constructed across the East Catron Creek tributary
wetlands. The site wetland area is located within Block 1, lot 2, and Block 1, Lot 3.
The Site has an approved Master Site Plan for a two-Phase development of 457 apartment dwelling
units, a clubhouse, a maintenance building, parking, common open space, landscaping, and the
south half of the new Lantern City Park. The development has an approved Phase 1 Site Plan for
198 apartment dwelling units. The development was approved as rental housing on the existing,
single lot under single ownership. A Property Owners Association (POA) will be established with
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the Final Plat along with a Covenants, Conditions and Restrictions (CC&R) document outlining
how common areas and facilities would be properly maintained.
Project Legal Description: 2131 Graf Street Minor Subdivision, a minor subdivision of Lot
2 of Minor Subdivision Number 235 containing 25.999 acres of land.
Project Location: The property is addressed as 2131 Graf Street and is located at the northwest
former of S. 19th Avenue and Graf Street in the NE ¼ of S23, T2 S, R5 E, P.M.M, City of Bozeman,
Gallatin County, Montana.
Development Review Committee (DRC)/Staff Finding: On December 15, 2022, the DRC found
that the application conforms to standards and is sufficient for approval with conditions and code
provisions.
City Commission Action: On January 10, 2023, having reviewed and considered the application
materials, public comment, and all the information presented, the Commission, by a unanimous
vote of 5 to 0, adopted the findings presented in the staff report for application 22188 and moved
to approve the 2131 Graf Street Minor Subdivision preliminary plat with the recommended
condition of approval and subject to all applicable code provisions.
Report Date: January 17, 2023
Staff Contact: Susana Montana, Senior Planner
Suzanne Ryan, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and the public comment received to
date. The application materials are available in the City’s Laserfiche archive and may be
accessed through the Community Development viewer as well at:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=266413&dbid=0&re
No public comments have been received as of the writing of this report. Should written public
comments be received they would be included in the City’s Laserfiche archive and available to the
public.
Unresolved Issues.
There are no unresolved issues with this application.
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Project Summary
The Department of Community Development received a Preliminary Plat Application on July
2019 with revisions submitted in May 2020, September 2020, January 2021, September 2021, and
this final revision on October 12, 2022. This report evaluates the October 12, 2022 submittal.
The ~26 acre property (“Site”) will have access from the Graf Street which borders its south side
and from a new extension of South 21st Avenue from the north that bisects the Site in a north-south
orientation. A new extension of Lantern Drive from the west will provide access from the north
and west.
On December 15, 2022 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the condition and code provisions identified in
this report. Public notice began on November 11, 2022 and continues until the Commission
meeting on January 10, 2023. A second public notice posting of the property and mailing for the
January 10th Commission meeting was made on December 23, 2022.
The subdivider did not request any subdivision or zoning variances with this application. The City
did not receive any written public comment on the application as of the writing of this report.
Pursuant to State statute 76.3-609, preliminary plat subdivision applications, the final decision
for this preliminary plat must be made within 35 days of the date the DRC deemed the application
as complete, which would be January 17, 2023. BMC Section 38.240.140A.2 delegates review
of minor subdivision applications to the Community Development Director rather than the
Community Development Board acting in their capacity as the Planning Board. The Director
reviewed this application for compliance on December 29, 2022.
Alternatives
1. Approve the application with the recommended condition and code provisions;
2. Approve the application with modifications to the recommended condition and code
provisions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 3
Alternatives ......................................................................................................................... 3
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ............................................................................... 11
SECTION 3 – RECOMMENDED CONDITION OF APPROVAL ............................................ 11
SECTION 4 – CODE PROVISIONS ........................................................................................... 11
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 12
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 12
BMC 38.220.060 Documentation of compliance with adopted standards. ...................... 14
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 20
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 23
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 28
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 30
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 30
FISCAL EFFECTS ....................................................................................................................... 30
APPLICATION LINK .................................................................................................................. 30
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SECTION 1 – MAP SERIES
Figure 1 – Zoning
Site
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Figure 2 – Proposed Five-Lot Preliminary Plat
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Figure 3 – Two-Phase Approved Master Site Plan
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Figure 4: Approved Phase I East Site Plan (northeast portion of subdivision)
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Figure 5: Approved Phase I West Site Plan (southeast portion of subdivision)
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Figure 6: Overall Lantern Park Plan—Applicant to build the southern portion; Nexus Point developer to build the northern portion.
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITION OF APPROVAL
Please note that this condition is in addition to any required code provisions identified in this
report. These condition is specific to this project.
Recommended Condition of Approval:
1. 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 (BMC) or
state law.
SECTION 4 – CODE PROVISIONS
All references are to the Bozeman Municipal Code (BMC).
1. BMC Section 38.100.080. Compliance with regulations required. The final plat must comply with State statute, the Administrative Rules of Montana, and
the Bozeman Municipal Code.
2. BMC Section 38.270.030. The Applicant is advised that all common subdivision
infrastructure including roads, water, sanitary sewer, stormwater, sidewalk and lighting
must be complete and accepted before final plat approval. This includes Lantern Drive,
South 21st Avenue, widening of South 19th Avenue, and improvements along West Graf
Street including sidewalks, lighting, water, and sewer facilities.
3. BMC Section 38.270.090.C. Common Area Maintenance Plan.
a. Prior to final plat approval, a maintenance access easement from the City is required
for developer/Property Owner Association (POA) in order to assure City access to
stormwater features within designated public park lands within these lots.
b. The Applicant must prepare easement documents that include the area of access for
stormwater feature maintenance.
c. The Applicant must provide an exhibit with the stormwater maintenance plan
identifying all the stormwater features that the POA needs to maintain and have
that included in the POA Covenants, Conditions & Restrictions (CC&R) document
recorded with the Gallatin County Clerk and Recorder.
4. BMC Section 38.220.070.A.8.h and 38.410.130.D. Transfer of water rights. Note Number
5 is included in the Plat Sheet 4, Conditions of Approval sheet, advising prospective buyers
that cash-in-lieu of water rights must be paid for these lots with future development of the
lot.
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5. BMC Section 38.410.060.D. Agricultural Water Facilities. East Catron Creek conveys
irrigation water, therefore, easements for the Agricultural Water User apply. Prior to final
plat approval, the developer must establish an agricultural water user facility easement
pursuant to Sec. 38.410.060.D. for the portion East Catron Creek crossing the subject
property.
6. BMC Section 38.420. Parks.
a. A preconstruction meeting with the Park Division is required prior to any site work.
Applicants to provide most recent park plans and request meeting at least 30 days
prior to commencement of parkland construction.
b. All park wells, irrigation infrastructure, and water rights would be transferred to
and owned by the City of Bozeman.
c. Easements for trails within open space parcels must include agreement to utilize
city-wide wayfinding and allow parks staff to install and/or repair wayfinding.
d. Private utilities are not allowed within parkland. Non-park related public utilities
are only allowed within the defined Public Utility Easements (PUE).
7. BMC Section 38.410.060.A.1. All easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
On December 15, 2022, the Development Review Committee (DRC) determined the application
was sufficient for continued review and recommended approval with a condition and required
BMC code provisions.
On January 10, 2023, at 6:00 P.M., the City Commission held a public meeting on this minor
subdivision preliminary plat. A WebEx link was provided with the City Commission agenda. No
members of the public attended or called in or wrote in comments on the application.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
State statutes and municipal codes, standards, plans, public comment, and all other materials
available during the review period. Collectively this information is the record of the review. The
analysis in this report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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1) Compliance with development standards and policies of the City, the City’s Growth
Policies, zoning standards, and the survey requirements of Part 4 of the Montana
Subdivision and Platting Act.
Appendix A of this report outlines how the preliminary plat would positively address the Growth
Policies of the Bozeman Community Plan. The proposed five lots meet the requirements of the
Bozeman Municipal Code (BMC). The preliminary plat was prepared in accordance with the
surveying and monumentation requirements of the Montana Subdivision and Platting Act by a
Professional Engineer registered in the State of Montana. As noted in Code provision No. 1, the
final plat must comply with State statute Administrative Rules of Montana, and the Bozeman
Municipal Code.
The final plat must comply with the standards identified and referenced in the Bozeman Municipal
Code. Per Condition of Approval No. 1, the subdivider is advised that unmet code provisions, or
code provisions not specifically listed as a condition of approval, do not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Sections 3 and 4 of this report identify the condition of approval and code provisions
necessary to meet all municipal standards and mitigate potential adverse impacts associated with
development of this subdivision. The listed code requirements address necessary documentation
and compliance with standards. Therefore, upon satisfaction of the condition and all code
provisions the subdivision would comply with the subdivision regulations.
2) Public notice and Comment in compliance with the local subdivision review procedures
provided for in Part 6 of the Montana Subdivision and Platting Act.
The City Commission public meeting was properly noticed in accordance with the Bozeman
Municipal Code. Based on the recommendation of the Development Review Committee (DRC)
and other applicable review agencies, as well as any public testimony received on the matter, the
City Commission will make the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-616 MCA for minor
subdivisions, as authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on June 16,
2022 and the DRC reviewed the preliminary plat application and determined the submittal did not
contain the detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision. A revised application was received on October 12, 2022. On
November 11, 2022, the DRC determined the application was adequate for public notice and the
Applicant initiated the public notice procedures of mailing to adjacent property owners and posting
a sign on the property. The Applicant posted a public notice on the subject property on November
11, 2022. The Applicant sent public notice to physically adjacent landowners and any purchasers
under contract of proposed lots via certified mail, and to all other landowners of record within 200-
feet of the subject property via first-class mail, on November 11, 2022. No public comment has
been received on this application. Due to unforeseen circumstances, the staff report for the
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December 20, 2022 City Commission consideration of this Preliminary Plat did not make the
deadline for the December 20th Commission agenda. Therefore, the application was re-advertised
on December 23, 2022 for a January 10, 2023 City Commission meeting by posting the property
and mailing to adjacent property owners.
3) Compliance with Chapter 38, BMC and other relevant regulations.
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes the Condition of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities would
conform to the regulations outlined by the Montana Department of Environmental Quality and the
requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
4) Easements. The provision of easements to and within the subdivision for the location and
installation of any necessary utilities.
Code provision No. 5 requires the Applicant to establish an agricultural water users’ facility easement
for that portion of East Catron Creek crossing the Site. Code provision No. 3 requires the Applicant
to secure a maintenance access easement from the City for the Property Owners Association to access
stormwater facilities within Park lots; this must be accomplished prior to final plat approval. Code
Provision No. 7 requires that all easements, existing and proposed, must be accurately depicted and
addressed on the final plat and in the final plat application. Public utilities are located within
dedicated street right of ways.
5) Lot Access. The provision of legal and physical access to each lot within the
subdivision and the notation of that access on the applicable plat and any instrument transferring
the parcel.
The final plat will provide legal and physical access to each parcel within the subdivision. All
proposed lots will have frontage on public streets constructed to City standards with lot frontage
meeting minimum standards shown on the preliminary plat.
38.220.060 Documentation of compliance with adopted standards.
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on December 22, 2021 and no variances were requested.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1. Surface Water. East Catron Creek runs North-South through the eastern portion
of the site. East Catron Creek on the Site does not have a FEMA delineated floodplain. The approved Phase
I Site Plan application, Project No. 19308, included the necessary wetland permits for the construction of
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the bridge pedestrian crossings. All required permitting was done prior to construction, which has been
completed.
The tributary to East Catron Creek and the associated wetlands with wetland setbacks are included in Lots
2 and 3 on the plat. There is a recorded deed restriction covering the lands and wetlands of the creek in
Document No. 2449987 recorded in 2013. There is a 50-foot wetland setback from the edge of the wetlands
surrounding East Catron Creek which would be maintained by this subdivision and all construction would
remain outside of this setback.
38.220.060.A.2. Floodplains. The tributary to East Catron Creek adjacent to the property is
shown on Firm panel 30031C0814D and does not have a FEMA delineated floodplain. The subdivision
is not located within a known floodplain.
38.220.060.A.3. Groundwater. Groundwater monitoring was conducted on the site in 2020
during the anticipated peak season for high groundwater levels. Seasonal high groundwater depths
were at 4.11’ to 6.68’ on the Northwest side, 5.32’ to 6.11’ on the Northeast side, 4.58’ to 4.89’ on the
Southeast side and 6.22’ to 6.68 on the Southwest side. The following standard language is shown as
a condition of approval on Sheet 4 of the plat “This subdivision is in a known area of high groundwater.
No crawl spaces or basements may be constructed. Sump pumps are not allowed to be connected to
the sanitary sewer system or the stormwater drainage system. Sump pumps may not discharge onto
streets or into the curb and gutter.” This is a standard provision to alert lot owners of the high ground
water on the lot and to flooding hazards if a basement is built.
This subdivision will avoid groundwater degradation through the utilization of City sewer and water
mains as well as stormwater control measures in accordance with the City of Bozeman design
standards. The groundwater recharge areas (opens space and stormwater retention ponds) will avoid
being degraded through maintenance provided by the Owner’s Association.
The project will have indoor water use provided by the City of Bozeman, while groundwater would be
used for open space irrigation; 3.24 acres of lawn and garden irrigation will be provided by
groundwater wells, up to 7.38 AF (or to 8.1 AF, using our exemption standard). The groundwater use
for this project does not exceed 10 AF, so no water right permitting is required by DNRC. Each well
cannot exceed a diversion rate of 35 GPM.
38.220.060.A.4. Geology – Soils – Slopes. A Geotechnical Report conducted for the property
was submitted. The site is geologically characterized as containing gravel deposits which range from
pebble to boulder size and include sand, silt, and clay. These deposits are generally alluvial terrace,
abandoned channel and floodplain, remnant alluvial fan, and local glacial outwash. The gravel is
predominately subrounded to subangular and reportedly extend down to as much as 165 feet. Upper
tertiary sediments or sedimentary rock (Tsu) also frequent the Bozeman area according to the Montana
Bureau of Mines and Geology (MBMG), Geologic Map of Montana. These formations consist of
conglomerate, tuffaceous sandstone and siltstone, marlstone, and equivalent sediment and ash beds.
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Based on the subsurface conditions encountered, the site falls under seismic Site Class D. Standard
City Building Code requirements apply.
38.220.060.A.5. Vegetation. No vegetation currently rests on steep or unstable soils. No
vegetation is currently on soils highly susceptible to wind or water erosion. The Nexus Point
development immediately to the North was mapped for weeds and the following were found on-site:
Henbane, Rush Skeletons, Thistles, Knapweeds and Hoary Alyssum. A weed management plan with
406 Weed Control and Braxton Development is under contract. The application with Gallatin County
Weed District is included with this application.
Wetlands are located on the eastern portion of the site but would not be altered. The subdivision is in
accordance with the approved 2131 Graf Master Site Plan. The undisturbed portions of the property
are undeveloped. The tributary to East Catron Creek and the associated wetlands with wetland setbacks
would be located in Lots 2 and 3.
38.220.060.A.6. Wildlife. No significant wildlife areas exist on site. The area has historically
been used as agricultural land and therefore is not a significant habitat for wildlife. The occasional deer
and birds have been spotted on site by the Applicant before construction began. No known fish
populations exist in East Catron Creek as the creek is dry for portions of the year.
The implementation of temporary Best Management Practices (BMPs) during construction (e.g. silt
fences, straw wattles) as well as permanent BMPs post construction including stabilization of the
slopes with vegetation. All land included in the streets and public parks will be dedicated to the City
of Bozeman for public use and enjoyment. All wetlands will be located in Lot 2 and Lot 3 with minimal
impacts to the tributary to East Catron Creek and associated wetlands. A 50-foot setback is required
and provided to minimize the degradation of the wetlands East Catron Creek.
The Applicant received his “310 Permit” from the Gallatin Conservation District in May 2019 to
relocate the portion of East Catron Creek on the Site and to add 2 additional pedestrian crossings across
the relocated creek. It is not anticipated that subdivision of the subject property would adversely
impact wildlife. Effects from humans would be minimal because the site does not contain significant
wildlife. All wetlands would be located in Lot 2 and Lot 3 with minimal impacts to the tributary to
East Catron Creek and associated wetlands.
The implementation of temporary Best Management Practices (BMPs) during construction (e.g. silt
fences, straw wattles) as well as permanent BMPs post construction including stabilization of the
slopes with vegetation. All land included in the streets and public parks would be dedicated to the City
of Bozeman for public use and enjoyment. All wetlands would be located in Lot 2 and Lot 3 with
minimal impacts to the tributary to East Catron Creek and associated wetlands. A 50-foot
setback is required to minimize the degradation of the wetlands East Catron Creek.
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38.220.060.A.7. Agriculture. The Site is no longer in agricultural use. It is not anticipated
that the development of the subdivision will have adverse impacts on Agriculture.
38.220.060.A.8. Agricultural Water User Facilities. There are no irrigation ditches or
agricultural water user facilities located on the Site. The tributary to East Catron creek on the east side
of the subdivision would not be significantly disturbed and is currently protected under a deeded
wetlands per Document 2449987. Code provision No. 5 requires the Applicant to establish an
agricultural water users’ facility easement for that portion of East Catron Creek crossing the Site.
38.220.060.A.9 . Water and Sanitary Sewer. The City of Bozeman approved the
infrastructure plans for water and sewer and provided a letter indicating that adequate capacity exists
within the City system to serve the proposed subdivision. New water and sewer infrastructure is
already installed on the site to serve the future development’s residents. The sewer main would connect
to the existing City of Bozeman system on South 21st Avenue. The water mains would be looped
connected to the existing City of Bozeman system in South 21st Avenue and Graf Street. The sewer
main would be extended from the existing 8” PVC stub at the intersection of Lantern Drive and South
21st Avenue. The sewer mains would be 8” in diameter to serve the future subdivision. The water main
would connect to the existing City of Bozeman utilities at two locations. The first is the current stub at
the intersection of Lantern Drive and South 21st Avenue and the second is a new tap located within
Graf Street. The water mains would be 8” in diameter. The infrastructure has already been reviewed
and approved by the City and DEQ. Code provision No. 2 assures that all infrastructure, including
roads, water, sanitary sewer, stormwater facilities, sidewalks and street lighting must be complete and
accepted by the City before final plat approval. This includes Lantern Drive, South 21st Street, the
widening of 19th Avenue and improvements along Graf Street.
Cash-in-lieu of water rights are proposed to be paid prior to final plat per Code provision No. 4.
38.220.060.A.10. Stormwater Management. The City of Bozeman approved the infrastructure
plans for stormwater and the stormwater infrastructure was constructed in the spring of 2022 per
approved plans. All water and sewer utilities will be installed at one time. Public storm utilities located
within South 21st Avenue will be installed with the construction of Phase I. On Site stormwater
facilities will be constructed with each phase. The construction of South 21st Avenue and the trail
corridor sidewalks will be installed prior to receiving building occupancy. Code provision No. 2
assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities, sidewalks
and street lighting must be complete and accepted by the City before final plat approval. This includes
Lantern Drive, South 21st Street, widening of 19th Avenue and improvements along Graf Street. Code
provision No. 3 requires the Applicant to provide an exhibit with the stormwater maintenance plan
identifying all the stormwater features that the Property Owners Association (POA) needs to maintain
and this information must be included in the final plat Covenants, Conditions and Restrictions (CC&R)
document.
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38.220.060.A.11. Streets, Roads and Alleys. The City of Bozeman has approved the
infrastructure plans for streets, roads, and alleys. Roadway easements were dedicated with the Site Plan
application and the roadways are anticipated for construction in the spring of 2022. Code provision
No. 2 assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities,
sidewalks and street lighting must be complete and accepted by the City before final plat approval.
This includes Lantern Drive, South 21st Avenue, widening of 19th Avenue and improvements along
Graf Street.
An extension of existing South 21st Avenue is under construction and will tie into existing Graf Street.
The local public roadway extension would maintain a 60’ ROW and would be installed per City of
Bozeman and MDEQ roadway standards. No individual lots or tracts have access directly to arterial
streets or roads. Upon acceptance of South 21st Avenue, this road would be maintained by the City of
Bozeman. The public road of South 21st Avenue will be dedicated to the City and would be maintained
by the City. Interior drive lanes beyond the right of way will be maintained by the Owner’s Association
or the lot’s respective owners.
The subdivision has several different pedestrian pathways including a 10-foot wide public concrete
sidewalk running North-South located on the West end of the site. An 8-foot wide public asphalt
pathway running East-West through the middle of the site. An 8-foot wide pervious paver trail running
North-South located on East end of the site connecting to Lantern Park and the existing sidewalk
located along South 19th Avenue.
A traffic impact study was performed by Marvin & Associates for both the Nexus Point and Graf
Street Subdivision and is included in this submittal. It concluded that future traffic (year 2038) on area
streets is projected to increase significantly over current traffic volumes. Even with significant growth,
in combination with full development of the Nexus Point & Graf Street Apartments development, all
of the key intersections will operate at or above LOS “C” and no mitigating measures would be required
at the study intersections. Pursuant to BMC 38.400.060.B.4, a Level of Service (LOS) “C” is deemed
an acceptable service capacity.
Walkability, Transit and Bike ability
The City of Bozeman requires street frontage sidewalk to be installed with each phase. Sidewalks
must be installed along the south side of Lantern Drive, both sides of the South 21st Avenue
extension through the Site, along the north side of Graf Street and along the west side of South
19th Avenue. There is a mid-block pedestrian trail that bisects the Site in an east-west orientation
that connects from South 19th Avenue, through the East Catron Creek wetlands, westward to a 30-
foot wide public park easement along the Site’s western boundary. That easement would be
developed by the Applicant as a publicly-accessible trail. Lastly, there is a public trail corridor
easement that meanders along the eastern wetlands area in a north-south orientation from Graf
Street to the north side of the new Lantern Park.
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Please also see the discussion in Appendix A regarding walkability of this Site and area. Site plan
applications for developments within the subdivision require pathways, sidewalks and bike
parking facilities.
38.220.060.A.12. Non-Municipal Utilities. The Utilities were submitted, reviewed and
approved for the 2131 Graf Site Plan application.
38.220.060.A.13. Land Use. A waiver is requested for Land Use Supplement information. The
necessary land use information was submitted and reviewed with the 2131 Graf Site Plan application.
38.220.060.A.14. Parks and Recreation Facilities. A Park Plan and associated park and
recreation facilities information was submitted, reviewed, and approved with the 2131 Graf Site Plan
application. A parkland calculation table is included on Sheet 1 of the plat. Code provision No. 6
assures that the proper parkland is provided. Code Provision No. 3 requires the Applicant to secure a
maintenance access easement from the City for the Property Owners Association to access stormwater
facilities within Park lots; this must be accomplished prior to final plat approval.
38.220.060.A.15. Neighborhood Center Plan. This 26 acre development has its own
“neighborhood center” with its clubhouses, trails, park and wetlands area. The necessary neighborhood
center plan information was submitted, reviewed, and approved with the 2131 Graf Master Site Plan
application.
38.220.060.A.16. Lighting Plan. The necessary lighting plan information was submitted,
reviewed, and approved with the 2131 Graf Master Site Plan and Phase I Site Plan applications. The
approved lighting plans included public street lighting and site lighting. Public street lighting was
expected to be completed this past summer with the roadways. Code provision No. 2 assures that all
infrastructure, including roads, water, sanitary sewer, stormwater facilities, sidewalks and street
lighting must be complete and accepted by the City before final plat approval. This includes Lantern
Drive, South 21st Street, widening of 19th Avenue and improvements along Graf Street.
38.220.060.A.17. Miscellaneous. The necessary information was submitted and reviewed with
the 2131 Graf Site Plan application.
Educational Facilities. A waiver is requested for Educational Facilities Supplement
information. The project received Site Plan approval.
Concurrent construction. Concurrent construction of public infrastructure with the site
plan for Phase I was granted by the City and an Improvements Agreement and Financial
Surety for completion of these improvements has been provided. Code provision No. 2
assures that all infrastructure, including roads, water, sanitary sewer, stormwater facilities,
sidewalks and street lighting must be complete and accepted by the City before final plat
approval. This includes Lantern Drive, South 21st Street, widening of 19th Avenue and
improvements along Graf Street.
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Hazards. There are no known potential hazards such as mining activity, potential
subsidence, high pressure gas lines, dilapidated structure or high voltage power lines located
within the proposed subdivision.
Wildlands-urban interface. The subdivision is not located in the wildlands-urban interface
per Gallatin County Wildlife Urban Interface Areas and Fire District Map. The land has been
used for agriculture and has lain fallow for a number of years. There is not a significant
habitat for wildlife on the Site. The occasional deer and birds have been spotted on the Site
prior to construction activities. No known fish populations exist in the East Catron Creek as
the creek is dry for portions of the year.
Public Lands. Apart from the 2.1 acres of land proposed to be dedicated to the City for the
Lantern Park on the Site and the Nexus Point subdivision, there are no public lands within 200
feet of the Site.
Historical Features. The Site is former agricultural land that is now fallow. It is not
anticipated that Historical Features will be encountered on the Site.
38.220.060.A.18. Affordable Housing. The proposed 457 apartment dwelling units are
proposed to be market-rate rental units.
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 December 20, 2022 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, code provisions.
E. The City Commission requested public comment at the public hearing on December 20,
2022 and no one sought to offer 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
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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 3 of this report and the correction of
any elements not in conformance with the standards of the Chapter including those identified in
Section 4 of this report. The evidence contained in the submittal materials, advisory body review,
public testimony, and this report, justify the conditions imposed on this development to ensure that
the final site plan and subsequent construction complies with all applicable regulations, and all
applicable criteria of Chapter 38, BMC.
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.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
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APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential medium density district is to provide for high-density residential development through
a variety of housing types within the city with associated service functions. This purpose is
accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and mixing housing types in newly
developed areas.
2. Providing for a variety of compatible housing types, including single and multi-household
dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services
Growth Policy / Future Land Use Designation. The subject property is designated as Urban
Neighborhood. This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In limited
instances, an area may develop at a lower gross density due to site constraints and/or natural
features such as floodplains or steep slopes. Complementary uses such as parks, home-based
occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide
activity centers for community gathering and services.
This proposed subdivision would provide rental apartment dwelling units exclusively. A similar
apartment complex to the north, the Nexus Point development, would provide similar rental
apartment units, a clubhouse for residents, half the Lantern Park, trails and wetland areas. The
2131 Graf Street development proposed for this 5-lot minor subdivision would be constructed in
an area of the City that is emerging as a mixed homeowner and rental housing area. This
neighborhood is emerging and is not yet fully developed with neighborhood-serving businesses,
transit service or parks. The addition of housing and the residents’ purchasing power are expected
to attract such businesses to the area and are expected to provide transit ridership demand.
The development would have its own recreational and social clubhouse to foster/facilitate
neighbors interacting. This serves as its own neighborhood center.
This proposed subdivision is well-suited to implement the Urban Neighborhood by providing lots
that would support apartment buildings in an area that is developing as a multi-household
neighborhood. The area is developing as a neighborhood that would serve workers and students
of the nearby Montana State University.
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The multi-household lots would support construction of rental housing which is contemplated
throughout the Bozeman Community Plan 2020.
The growth policy encourages development to be walkable: Goal N-1: Support well-planned,
walkable neighborhoods. The Community Plan’s Glossary (Appendix F) describes what they
mean by neighborhoods as:
“Neighborhood. A walkable area of Bozeman with a distinct character that may have some
boundaries defined by physical barriers, such as major roads or railroads or by natural features,
such as watercourses or topography. A neighborhood includes both geographic (place-oriented)
and social (people oriented) components and is often characterized by residents sharing common
amenities such as an elementary school, park, shops, community center or other similar elements.
As a distinct and identified area, often with its own name, neighborhoods are recognized as
fostering community spirit and a sense of place, factors recognized as important in community
planning.”
The Plan’s Glossary defines “Walkable” 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.”
The Site and area are still developing as a neighborhood and a walkable neighborhood. The
companion Nexus Point development immediately north of the Site features connecting trails, the
wetlands nature area, a City Park, a clubhouse for residents, and a density that encourages residents
interactions within these amenities.
The proposed development provides its own 1.2 acre City Park as well as nearly 3 acres of common
open space wetlands. The 1.2 acre City Park at the northeast corner of the Site is matched by a
similar sized Park at the abutting the Site to the north at the proposed Nexus Point Major
Subdivision. The Executive Park is located a half block west of the Site and a 9 acre City Park
located northwest of the Site called “City Park 2” which is provided by the South University
District Phase 3 development.
Morning Star Elementary School is located less than a quarter mile to the east of the Site and
Montana State University is located a couple blocks north of the Site.
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The proposed subdivision meets or positively addresses the following Bozeman Community
Plan 2020 goals and policies:
N-1.1 Promote housing diversity.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities
that can be sustained over time. Maintain standards for placement of community focal points and
services within new development. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. The Lantern Park has a dog park area.
DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives.
DCD-2.1 Coordinate infrastructure development, land use development, and other City actions and priorities through community planning.
DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses.
DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. The “Gold Line” transit line maintains a bus stop about ¾ mile from Graf Street on 19th Avenue between Stucky and Kagy streets.
Goal EPO-2: Work to ensure that development is responsive to natural features. EPO-2.1 Where appropriate, activate connections to waterways by creating locations, adjacent
trails, and amenities encouraging people to access them.
EPO-2.2 Work with the U.S. Army Corps of Engineers to keep wetlands mitigation within the Gallatin Valley rather than locating to other watersheds. [The Applicant received his “310 Permit” from the Gallatin Conservation District in May 2019 to relocate the creek and road and
add 2 additional pedestrian crossings across the relocated creek.]
EPO-2.3 Identify, prioritize, and preserve key wildlife habitat and corridors.
The Community Plan defines Site assets as follows: AGRICULTURAL WATER USER FACILITIES Agricultural water user facilities are defined as follows: Those facilities, which include but are not
limited to ditches, pipes, and other water conveying facilities that provide water for irrigation and stock watering on agricultural lands, with said lands being defined in MCA 15-7-202
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The following presumptions apply: 1. Agricultural uses are not generally urban uses. The transition of agricultural lands to urban uses would often remove the need for agricultural water user facilities within the urbanized area. Where a need for protection due to ongoing use for water conveyance can be demonstrated, provision for protection of the facility must be made.
2. The formal abandonment and removal of all agricultural water user facilities within the City must occur in accordance with Montana law. Should the beneficial use cease in the future, an easement for protection of agricultural water user facilities may be removed.
3. The use of agricultural water user facilities for stormwater does not constitute beneficial use for the purposes of presumption 2 above unless agreed to by the facility owner.
Stormwater facilities may require separate easements or other procedures. 4. Agricultural Water User Facilities are subject to Section 70-17-112, and Section 85-7-2211 and 85-7-2212, MCA.
The Natural Environment is defined as the physical conditions which exist within a given area, including land, water, mineral, flora, fauna, noise, light, and objects of historic or aesthetic
significance. The following presumptions apply: 1. The natural environment is fundamentally linked with our economic development, as an attraction to new and expanding businesses, a tourist destination, and a basic component of
Bozeman’s character.
2. The natural environment should be conserved and development should respect significant natural features and systems. Impacts to consider include road locations, stormwater treatment and discharges, potential contamination of ground or surface water, building placement, and others
that may be identified through subdivision, zoning, data inventories, and other implementation
tools. Mitigation of negative development impacts is required. WILDLIFE AND WILDLIFE HABITAT
Wildlife means animals that are neither human, domesticated, nor feral descendants of commonly
domesticated animals. Wildlife habitat means the place or type of habitat where wildlife naturally
thrives. Habitat excludes areas developed for human use including agriculture.
The following presumptions apply:
1. Lands within the designated urban area are typically utilized for development purposes
and would have a minor impact on wildlife habitat. Watercourse corridors and wetlands
are an exception to this presumption. The designated urban area includes all lands except the No
City Services category shown on the future land use map.
2. The habitat needs of larger and/or predatory wildlife species such as deer, moose, bears,
coyotes, or similar species would not be met within urban density development and would likely
be in conflict with people. Therefore, these types of animals are found to be undesirable within the
City boundaries.
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3. Smaller species, especially birds, are compatible within urban density development and should
be preserved, including the encouragement of suitable habitats.
4. High value wetlands, stream corridors, and similar high value habitats should be preserved in
accordance with the City’s adopted standards. These provide a variety of recreational,
environmental sustainability, and safety values such as flood control as well as habitat.
Walkability. The growth policy encourages development to be walkable, which is defined in the
glossary as: Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
The Graf Street development, which is the subject of this subdivision preliminary plat, would
provide its own neighborhood center in the park, open space, trails and clubhouse on the Site. The
development provides the southern half of the new Lantern Park with the Nexus Point development
providing the north half of the City park. Trails and the wetlands conservation area link the two
developments to the Lantern Park. Enterprise Park is located a half block to the west of the Site
and the South University District City Park 2 is located two blocks to the northeast.
The additional density of the Graf Street and Nexus Point developments are expected to provide
the “rooftops” needed to attract neighborhood-serving businesses to the area. The roads abutting
the Site would be improved to City “complete streets” standards. The University of Montana is
within walking and biking distance
The site has a Walk Score of 4, a Transit score of zero, and a Bike Score of 49. 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 in an undeveloped area of the City without nearby grocery stores and employment
opportunities within a relatively short distance. There are no BMC development standards relating
to the walk score. Overall, the City of Bozeman walk score is 47 out of 100.
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Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
2131 Graf Minor Subdivision is a proposed 5 lot minor subdivision, is within a R-4 (High Density
Residential District) zoned property located directly West of South 19th Avenue and between
Lantern Drive and Graf Street. The minor subdivision is located on a 25.99-acre parcel.
Development plans for the property has already been reviewed and approved through a Master
Site Plan and Phase I Site Plan, Project No. 19308 and 19309. South 21st Avenue would be
extended between Lantern Drive and Graf Street with Phase I. Water and sewer main extensions
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for the entire property would be installed to serve the minor subdivision with Phase I. A 2.6-acre
park is proposed on the north side of the subdivision and has been reviewed and approved with the
master site plan.
Development of the property would be phased: Phase I = the north side consisting of 3 lots, Phase
II = the south side consisting of 2 lots. Lot 1, Block 1 shows the location of the proposed
subdivision Lantern Park which will be installed with Phase I of 2131 Graf Apartments project.
The Lantern Park is being constructed in cooperation with Nexus Point Apartments project, located
to the north. This parkland consists of 2.116 acres located in the Northeast corner of the property.
The park will include pavilions, a dog park, playground area as well as an exercise trail and
equipment. In addition, 0.62 acres of a public park easement will be provided within the trail
corridor bordering the West side of the subdivision. The Applicant previously coordinated with
the City of Bozeman Recreation and Parks Department on the layout and development of the park
plan and received approval from the Parks Subdivision Review Board.
The subdivision will have a trail corridor that will give pedestrian east-west access through the
development to South 19th Avenue. Sidewalks will be installed on both side of South 21st Avenue
from existing Lantern Drive to Graf Street. A pedestrian trail connecting the park sidewalks to
19th Street will be also be constructed with the park development. A footbridge for the park
pedestrian connection has been constructed across the East Catron Creek wetlands.
The stormwater design for the development will consist of different aspects throughout the site
that include surface drainage, pervious pavers, sub-surface retention chambers and gravel
infiltration systems. The public roadway along South 21st Avenue will utilize four curb inlets to
convey water runoff to an underground storage/infiltration system. The interior drainage of the
development will utilize several pervious paver retention/infiltration systems located within
proposed parking and buried gravel infiltration systems located in future landscaped areas.
Water and sewer mains will be extended from existing City of Bozeman utilities. The sewer main
will be extended from the existing 8” PVC stub at the intersection of Lantern Drive and South 21st
Avenue. The sewer mains will be 8” in diameter to serve the future subdivision. The water main
will connect to the existing City of Bozeman utilities at two locations. The first being the current
stub at the intersection of Lantern Drive and South 21st Avenue and the second being a new tap
located within Graf Street. The water mains will be 8” in diameter. The infrastructure has already
been reviewed and approved by the City and DEQ.
All water and sewer utilities will be installed at one time. Public storm utilities located within
South 21st Avenue will be installed with the construction of Phase I. On Site stormwater facilities
will be constructed with each phase. The construction of South 21st Avenue and the trail corridor
sidewalks will be installed prior to receiving building occupancy for any lot.
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The site has a wetland area is located within Block 1, lot 2 and Block 1, Lot 3. As noted above,
the Site has an approved Master Site Plan for a two phase development of 457 apartment dwelling
units, a clubhouse, a maintenance building, parking, common open space, landscaping and a City
Park. The development has an approved Phase 1 Site Plan for 198 apartment dwelling units. The
development was approved as rental housing on the existing, single lot under single ownership.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Per BMC 38.220.420, public notice for this subdivision preliminary plat Commission action must
be provided at least 15 and not more than 45 days prior to the City Commission action. The
application was originally scheduled for the December 20, 2022 City Commission meeting and
public notice for that public meeting began on November 11, 2022. The Applicant posted public
notice on the subject property on November 11, 2022 and sent public notice to physically adjacent
landowners via certified mail, and to all other landowners of record within 200-feet of the subject
property via first class mail, on that same date. However, due to unforeseen illness of the reviewing
planner, the staff report for the December 20th Commission date was delayed and a new public
notice for the new January 23, 2023 Commission meeting was initiated on December 23, 2022.
As of the date of this report, January 13, 2023, no public comment has been received.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Will Ralph of Graf Apartments LLC; P.O. Box 11890, Bozeman, MT 59719
Applicant: Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718
Representative: Erik Ringsak of Madison Engineering
Report By: Susana Montana, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds would be changed
by this subdivision.
APPLICATION LINK
The full application and file of record can be viewed digitally at https://weblink.bozeman.net/WebLink/Browse.aspx?id=266413&dbid=0&re
select the “Project Documents Folder” link and navigate to application 22188, as well as digitally
at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
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