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22129 City Commission Findings of Fact and Order for the Northwest
Crossing Phase 2 Subdivision
Public Meeting/Hearing Dates:
Planning Board meeting - Monday, January 23, 2023 at 6:00 pm.
City Commission hearing – Tuesday, February 7, 2023 at 6:00 pm
Project Description: A major preliminary plat subdivision application of 43.98 acres to
subdivide five (5) restricted development lots from Phase 1 of Northwest Crossing
Subdivision into two hundred and sixty-four (264) developable lots zoned REMU,
thirteen (13) stormwater lots, eighteen (18) open space lots, three (3) city park lots,
easements, and associated right of way.
Project Location: The property is legally described as Restricted Lots 1-5 of Phase 1 of
Northwest Crossing Subdivision, Situated in the NE ¼ of Section 4, Township 2 South,
Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board 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 22129 and move for the Community
Development Board in its capacity as the Planning Board to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Recommended City Commission 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 22129 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: February 23, 2023
Staff Contact: Danielle Garber, Associate Planner
Griffin Nielsen, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and 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. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
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22129 Findings of Fact for Northwest Crossing (NWX) Phase 2 Subdivision Page 2 of 35
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on April
18, 2022 requesting to subdivide 43.98 acres to create two hundred and sixty four (264)
developable lots zoned REMU (Residential Emphasis Mixed Use), thirteen (13) stormwater lots,
eighteen (18) open space lots, three (3) city park lots with easements and associated right of way.
The subdivision is proposed to be completed in four phases. The first phase at the southeast
corner of the site, following by the second to the north and then moving east to west and north to
south for phases three and four. A 1.15 acre linear park and playground along Harvest Parkway
is proposed with Phase 1, with a 0.06 acre open space connecting the park to Cottonwood Road.
This east-west park connector will connect the park following Baxter Ditch on the west side of
the proposed development east and west to the Sports Park, and is consistent with the master
park plan approved with the master site plan, application no. 19440, and the approved master site
plan modification, application no. 22200. A 0.83 acre park central to the development is
proposed with phase 2. The platted park from Phase 1 on the east side of Baxter Ditch and on the
west side of the proposed subdivision will also be developed with this application in accordance
with the master park plan.
Phase 1 contains Blocks 9 and a portion of blocks 11 and 8. Land uses for phase 1 are to be small
lot single household and townhomes in two attached configurations. Phase 2 is proposed to
continue those uses with the addition of courtyard access lots consistent with BMC 38.410.030,
and will consist of Block 6, Block 5, and the remainder of blocks 11 and 8. Phase 3 proposes to
also continue the small lot single household, courtyard access lots, and two-attached townhomes,
with the addition of some larger single household lots, and two large 1-3.5 acre lots in block 2
near the corner of Baxter Lane and the future Cottonwood Road intersection that are currently
proposed as townhomes and will be subject to subsequent site plan review. Phase 3 will also
contains blocks 1, 3, and 4. Phase 4 is proposed as blocks 7 and 10, and will consist of small lot
single household uses.
REMU zoning allows for small lot single household and single household lots to range from
2,500 square feet to 4,000 square feet in minimum size, as well as townhouse/rowhouse and two-
four household dwellings to be developed with no lot size minimums. Phases 1-4 will extend
Rosa Way, Twin Lakes Avenue, and Dayspring Avenue that were platted with phase 1 to the
north into phase 2. New east-west roads are currently proposed to be named Dayspring Avenue,
Touchstone Lane, and Briarwood Lane. Development of this subdivision is dependent on
transportation and infrastructure construction of Cottonwood Rd. north to its intersection with
Baxter Lane, as well as improvements to Baxter Lane.
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On January 3, 2023 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider did not request any subdivision or zoning variances with this application. The
City did not receive any written public comment on the application as of the writing of this
report.
The final decision for this preliminary plat must be made by February 7, 2023. The Community
Development Board acting in their capacity as the Planning Board considered compliance of the
application with the growth policy on January 23, 2023 and recommended approval unanimously
6-0. The Board’s discussion focused on the proposed range of proposed lot types and uses and
the potential to add density at a smaller scale in proximity to a proposed commercial node.
The public hearing date for the City Commission was February 7, 2023. The hearing was held in
the City Commission Meeting Room at 121 North Rouse Avenue, Bozeman, MT.
The City Commission met to consider the application for a preliminary plat subdivision of 43.98
acres to subdivide five (5) restricted development lots from Phase 1 of Northwest Crossing
Subdivision into 264 developable lots zoned REMU, thirteen (13) stormwater lots, eighteen (18)
open space lots, three (3) city park lots, easements, and associated right of way.
Danielle Garber, Associate Planner presented the preliminary plat staff report and application.
Following the presentation, questions to staff from the Commissioners were related to whether or
not the applicant was proposing commercial and their reasons for not proposing commercial,
details on the park design and options for different amenities in linear parks and the options for
dog parks, the timing and design of the Cottonwood to Baxter road and intersection, and local
streets within the proposed subdivision
The Applicant had several representatives at the meeting including, Jason Leep from Williams
Homes and Scott Naples, the Land Planner with WHA, as well as Matt Ekstrom the Engineer
with Morrison-Maierle. The applicant stated the land planner and the architect are the same firm,
and that every home has been planned for the development with 13 different residential products.
The representative, Jason Leep, thanked staff for the work on the subdivision and the staff report,
and stated that the applicant is in agreement with the staff report. The applicant stated their goal
was to provide the most attainable single family housing in Bozeman. The applicant clarified
Commissioner questions related to the choice not to include commercial uses, and clarified
design intent with parks, back yards, size of homes, and nearby amenities.
One instance of public comment was provided at the meeting with comments that support the
subdivision, stating the type of smaller homes being created will allow Bozeman’s workforce to
attain home ownership and stay in the community.
The Commission moved to approve the subdivision with conditions and subject to all applicable
code provisions. The motion is located on page 1 of this report. Commissioners voted
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unanimously 4-0 to approve the preliminary plat application. Discussion included support for the
proposed subdivision design and smaller lot sizes, courtyard lot design, suggestions for park
design including shared vegetable gardens and spaces for dogs, and the inclusion of missing
middle housing. Commissioners emphasized the inclusion of commercial spaces within the
development and directly to the south, echoing comments provided by the Community
Development Board.
Links to video of the Planning Board meeting and City Commission hearing are provided below
in Section 5.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 11
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 11
SECTION 4 – CODE REQUIREMENTS .................................................................................... 12
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 18
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 19
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19
38.220.060 Documentation of compliance with adopted standards ................................. 24
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 28
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 30
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 34
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 34
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 34
FISCAL EFFECTS ....................................................................................................................... 34
ATTACHMENTS ......................................................................................................................... 34
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Community Plan 2020 Future Land Use
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Exhibit 3 – Vehicular Circulation
Exhibit 4 – Pedestrian Circulation
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Exhibit 5 – Preliminary Plat (see full series in file)
Exhibit 6 – Phasing Plan
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Exhibit 7 – Landscaping Plan (see full series in file)
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include three (3) signed reproducible copies
on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County
Clerk & Recorders office has elected to continue the existing medium requirements of 2
mylars with a 1 binding margin on one side for both plats and COSs. The Clerk and
Recorder will file the new Conditions of Approval sheet as the last same sized mylar
sheet in the plat set
2. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,
etc. in the submittal.
3. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not
the subdivider) shall transfer ownership to the property owners’ association of any open
space proposed to be conveyed to the property owners’ association and all its right, title,
and interest in any improvements made to such parkland or open space. For the transfer
of real property, the subdivider or owner of the property shall submit with the application
for final plat a warranty deed or other instrument acceptable to the City Attorney
transferring fee simple ownership to the property owners’ association and associated
realty transfer certificate. The subdivider or owner of the property must record the deed
or instrument at the time of recording of the final plat. For personal property installed
upon open space owned by the property owners’ association, the subdivider shall provide
an instrument acceptable to the City Attorney transferring all its rights, title and interest
in such improvements including all applicable warranties to such improvements.
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4. The applicant is responsible for updating required documents within the Northwest
Crossing Phase 1 design guidelines including parkland and non-residential uses with the
phase 2 final plat. These design guidelines are associated with the approved master site
plan, application no. 19440, and the approved master site plan modification, application
no. 22200.
5. Right-of-way must be dedicated for the portion of the Baxter Lane Public Street and
Utility Easement directly adjacent to the subdivision with the final plat.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 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, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed
hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard
templates.
b. The applicant must provide a ten foot utility easement (power, gas,
communication, etc.) along the developments property frontage.
c. The applicant must provide a storm drainage easement along the proposed storm
sewer main and detention facility.
d. The final plat must provide all necessary utility easements and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
e. Easements must be provided using the City’s standard language for all temporary
turnaround used between phases.
f. Easements must be provided using the City’s standard language for any
temporary stormwater facilities used between phases.
g. The required easements for the dewatering system must meet the criteria:
i. Be sufficiently sized to allow for the long-term maintenance and operation
of the system. A width of 10 feet is required at all locations with
additional width dedicated as required.
ii. Include language restricting the construction of structures within the
easement.
iii. Be shown on the final plat.
iv. Allow for access from the property owners of the northwest crossing
phase 1 subdivision.
3. Sec. 38.410.130 - Water Adequacy.
a. Subject to subsections B and C, prior to final approval by the review authority of
development occurring under this chapter or chapter 10, the applicant must offset
the entire estimated increase in annual municipal water demand attributable to the
development pursuant to subsection D.
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i. The cash-in-lieu of water rights fee for the Block 2 multifamily lots should
be deferred to future development. To allow this a note reviewed and
approved by City staff must be included in the conditions of approval
sheet providing notice to future owner that a future payment of cash-in-
lieu of water rights is required upon future development for the
specifically lots.
4. Sec. 38.220.060.A.13 – Documentation of compliance with adopted standards. For
final plat, the applicant must update the purpose and area summary on the plat for the
number of lots by type, and acres by use, to reflect the change to open space of tract 17
along Harvest Parkway from a park parcel to an open space parcel.
5. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required
permits must be obtained by the applicant and provided to the Community Development
Department prior to construction and final plat approval.
6. Sec. 38.400.010.A.2 – Street, General.
a. Baxter Lane is a minor arterial street as identified in the City’s Transportation
Master Plan (TMP) as such must be fully completed to ensure the convenient and
reliable movement of City wide traffic and effective access for emergency
services for both the proposed development and the community as a whole.
Baxter Lane must be constructed from Cottonwood Road to the western boundary
of the subdivision prior to final plat approval for the subdivision. Right-of-way
must be dedicated for the portion of the Baxter Lane Public Street and Utility
Easement directly adjacent to the subdivision with the final plat.
b. Cottonwood Road is a principal arterial street as identified in the City’s
Transportation Master Plan (TMP) as such must be fully completed to ensure the
convenient and reliable movement of City wide traffic and effective access for
emergency services for both the proposed development and the community ty as a
whole. Cottonwood Road must be constructed from Oak Street to Baxter Lane
prior to final plat approval for the subdivision. Right-of-way must be dedicated
for the portion of the Cottonwood Road Public Street and Utility Easement
directly adjacent to the subdivision with the final plat.
7. Sec. 38.400.070. and BMC 38.270.030.B.3 – Street Lighting. Subdivision lighting
SILD information shall be submitted to the Clerk of Commission after Preliminary Plat
approval in hard copy and digital form. The final plat application will not be deemed
complete until the resolution to create the SILD has been approved by the City
Commission. The initial adoption of the special improvement lighting district shall
include the entire area of the preliminary plat and including lighting along Baxter Lane
and Cottonwood Road.
8. Sec. 38.400.040.A.2 – Street Names. Street names must be reviewed and approved by
the County’s geographic information systems and City Engineering Department prior to
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final plat approval. The applicant must submit written approval from both entities with
the final plat application.
9. Sec. 38.410.070.A. – Municipal Water, Sanitary Sewer, and Storm Sewer System.
a. The City’s Water Facility Plan calls for a 36 main (identified as the West
Transmission Main) down Baxter Lane to support growth along City’s western
flank and reduce head loss across the City’s existing system. The main must be
installed prior to the construction of Baxter Lane and final plat approval for the
subdivision.
b. The subdivision is reliant upon the extension of the 21 wastewater main along
Baxter Lane which will serve in place of the 15 main currently identified in the
City’s Wastewater Facility Plan (WWFP). The main must be installed prior to
final plat approval for the subdivision and subsequent construction of Baxter Lane
and the intersection of Cottonwood Road and Baxter Lane.
c. The City’s Wastewater Facility Plan (WWFP) calls for a 15 main (identified as
the Aajker Creek Diversion) to service both the subject property as well as future
growth to the southwest. The main must be installed to the edge of the
development land prior to the final plat approval of the subdivision and a City
standard public easement granted for any remaining section of main falling within
the future phase of the northwest crossing development including remaining lots.
d. All fire hydrants must be located within public ROW or a City water main
easement. The hydrant must be a minimum of 9 feet from the edge of the ROW or
easement, per DSSP SectionV.D.5
10. Sec. 38.410.070 – Municipal Water, Sanitary Sewer, and Storm Sewer System.
a. With the infrastructure submittal, the water report must model the phase
development of the subdivision. Additionally, the design engineering must
evaluate based on the City’s per capita demand of 170gallons per day per person.
b. With the infrastructure submittal, the sewer report must model the phase
development of the subdivision and include flows from the areas outside the study
area which will naturally be served by the gravity main. The 21 Main must be
designed to accept flow from the Laurel Glen lift station per Condition of
Approval no. 28 of the Northwest Crossing Master Site Plan, Application No.
19440.
c. Due to the high groundwater and increased rate of corrosion within the clay soils
all water mains must have additional cathodic protection. A minimum of V-bio
polywrap or approved equal is required by the City.
11. Sec. 38.410.120 – Mail Delivery. Mailbox unit locations must be approved by the USPS
prior to final plat approval.
12. Sec. 38.240.530 – Certificate of Water Related Improvements. A well, including
equipment and associated permitting, used for public irrigation must be transferred to the
City or POA as applicable. A certificate of water related improvements is required per
Section 38.240.530. Any financially guaranteed water related improvements agreements
must include a warranty of workmanship.
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13. Sec. 38.410.060 – Agricultural Water User Easements.
a. BMC 38.410.060.D.4 - Stormwater from the development may not be discharged
to an agricultural water user facility without written approval from the owner of
the facility and corresponding stormwater conveyance easement(s). Any required
stormwater conveyance easements shall be provided prior to final plan approval.
b. BMC.38.410.060.D.6. - A notice must be recorded with the final plat stating that
the agricultural water user facility easement are subject to the requirements of
Section 70-17-112, MCA restricting interference with canal or ditch easements
and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA
regarding duties and liability. The notice must include language to assure the
duties are binding upon all successors in interest and remain in effect until such
time that the agricultural water user facility is abandoned in accordance with the
requirements of Montana Law or alternative requirements are agreed to in writing
by all applicable parties. The easements must be prepared as documents separate
from a final plat but may be referenced on a final plat.
14. Sec. 38.270.070. and Sec. 38.400.010.A.2 – Payment for Extension of Capital
Facilities.
a. Cottonwood Road, from Oak Street to Baxter Lane, and the intersection of
Cottonwood and Baxter are currently identified in the City’s Capital Improvement
Program (CIP No. SIF138) and scheduled for construction in FY2023. The
developments full local share must be provided in the form of a cash-in-lieu of
infrastructure payment made to the City prior to final plat approval. The
developments local share amount must be confirmed at the time of final plat using
the most current costs for the project.
15. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of
land dedication, and Sec. 38.420.080 – Park Development.
a. Include parkland phasing on the F - Phasing Plan that matches the parkland
phasing shown on PK100. Parkland included in each phase is required to be
installed prior to final plat approval.
b. Include cut sheets of all proposed amenities such as playgrounds, benches, trash
receptacles, and etc. to be reviewed and approved by Parks.
c. Resolution 4784 - CILP has not been approved to meet parkland requirements as
outlined in the Park Master Plan. Since there is a deficit in IILP proposed,
parkland amenities should be adjusted to meet the required IILP amount. PROST
recommends a variety of recreation opportunities within parklands. Since this
subdivision already contains several playgrounds, parks recommends replacing a
playground with a pickle ball facility to meet the remaining IILP while following
PROST guidelines.
d. The applicant must update the parkland tracking table to reflect the appraisal
value in effect at the time of final plat application.
e. The following notes must be added final plat: Snow removal from sidewalks
within parks that serve as primary egress from private lots is the responsibility of
the property owners’ association
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f. A preconstruction meeting with the Park Division is required prior to any site
work. Applicants must provide the most recent park plans with revisions red-lined
and request meeting at least 30 days prior to commencement of parkland
construction.
g. 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.
16. Sec. 38.410.100.A.2.f – Watercourse Setback. The boundaries of park development
should include the east half of Baxter ditch to consolidate construction of improvements.
The applicant must include plans of watercourse plantings to be installed east of Baxter
ditch for staff review with final plat.
17. Sec. 38.410.080. - Stormwater Management. Per the approved Master Site Plan
(Application No. 19440) condition of approval no. 24. Low Impact Design (LID to
mitigate stormwater must be issued within the REMU zoning district. The design
engineer must certify that LID infrastructure is being implemented through the
development and explain how with the stormwater infrastructure review. The City
encourages the design team to consider the Montana Post-Construction Stormwater BMP
Design Guidance Manual when designing the stormwater and drainage system.
18. Sec. 38.270.050.A.2 – Acceptance of improvements. During construction, if
groundwater is found to be at levels exceeding what is described in the drainage report
and limits the functionality of the stormwater infrastructure the City will not accept the
stormwater infrastructure. If the stormwater infrastructure requires significant redesign it
may be considered a material modification from the preliminary plat and require re-
review and approval of the preliminary plat.
19. Sec. 38.410.080. - Grading and Drainage.
a. The stormwater system must be designed and situated to allow for reasonable
operation and maintenance including the replacement of the system. Placement of
the sub-surface storage systems directly abutting the fee simple lots does not
allow for the operation and maintenance of the system without impacting the
adjacent lots. The applicant must work with the engineering department to ensure
adequate measures have been taken prior to final approval to allow for reasonable
operation and maintenance.
b. The stormwater report and plat indicates certain open space parcels will contain a
surface retention pond for stormwater. The landscaping plan must include
landscaping compliant with BMC 38.410.080 including a cross section of each
facility on each open space lot designated for stormwater retention.
c. The applicant must provide a maintenance plan for the dewatering system include
the maintenance plan in the property owners’ association documents prior to final
plat approval. The plan must include the long term maintenance instructions for
the property owners’ association.
20. Sec. 38.600.040 Floodplain Regulations. Abandonment of the eastern lateral of Baxter
Ditch increases flow to the western leg of Baxter Ditch. The proposed alterations, as
described with the flood hazard analysis, to accommodate the 100-year event on Baxter
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Ditch must be completed prior to the abandonment of the eastern ditch lateral as well as
any required mitigation downstream along Baxter Creek and ensure no adverse impact to
downstream property owners. The alteration to Baxter Ditch must be reviewed through
the City’s infrastructure review process in addition to obtaining all other permits required
from outside agencies and the adjacent property owner. Any alterations proposed within
the public right-of-way required the approval of the City Engineer.
21. Sec. 38.600.050. - Floodplain Regulations. The flood hazard report finds that floodwater
could reach elevations of proposed lots based on existing topography. To mitigate the
flood hazard due to existing topography, the report recommends fill be placed to keep the
floodwater contained within the confines of the 20 feet of the wetland setback, the
elevation of the structure to a minimum of two feet and sidewalk one foot above the
identified floodwater surface elevation. The fee simple lots may not be final platted
without completion of the mitigation. Sidewalks must be constructed per the
recommendation. Finally, the plat must contain a note that the structure should be
elevated two feet above identified floodwater surface elevation and provided
recommended finished floor elevations for lots adjacent to Baxter Ditch.
22. Sec. 38.410.030.E.1 – Corner Lots and Building Orientation. This conceptual layouts
provided in the property owners’ association documents will need to show an example of
lots fronting off a greenway open space corridor like the interior of the two-household
townhome lots in Block 1. The conceptual layout should show an example of the front
door connecting to the greenway sidewalk and a fencing example indicating a front yard
fence of 4-feet on all sides. Homes on corner lots must have the same orientation as
homes on lots on the interior of the block.
23. Sec. 38.410.030.D – Courtyard Access Lots. Respond to the criteria in this section with
final plat, and demonstrate that the required maintenance agreement for all the courtyard
accesses in blocks 4 and 5 is satisfied.
24. Sec. 38.270.030.D – Exception for concurrent construction. In certain circumstances,
the issuance of a building permit may be allowed prior to completion of the public
infrastructure, provided that the criteria listed in this section are met. Provide concurrent
construction approval prior to final plat approval as well as appropriate improvements
agreement applications for required infrastructure and landscaping.
25. Sec. 38.400.090 – Access.
a. A 1 foot No Access strip shall be placed along Baxter Lane frontage of Blocks 1
and 2 of the development.
b. A 1 foot No Access strip shall be placed along the Cottonwood Road frontage of
Blocks 6, 9, and 13 of the development.
c. A 1 foot No Access strip shall be placed along the Touchstone Lane frontage of
Blocks 6 and 9 of the development.
d. A 1 foot No Access strip shall be placed along the Harvest Parkway frontage of
Block 9 of the development.
e. A 1 foot No Access strip shall be placed along the frontages of Rosa Way and
Twin Lakes Avenue for 150 ft. starting from their intersections from Baxter Lane.
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26. Sec. 38.410.130 and Sec. 38.420.080.A.2 – Water Adequacy and Park Development.
All irrigation wells located within the boundaries of the development shall include
Montana DNRC certificates which shall be provided to the City with the final plat
submittal. Ownership of any well and associated water right within common open space
owned by the property owners’ association shall be transferred to the property owners’
association in conjunction with the final plat. Ownership of any well, irrigation
infrastructure and associated water right providing irrigation to public lands shall be
transferred to the City in conjunction with the final plat. The developer must provide
easements necessary to allow for the reasonable operation and maintenance of this
infrastructure. All wells shall include a meter or other device to determine consumption.
27. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by
Developer or Property Owners’ Association.
a. The applicant must provide a maintenance plan for the dewatering system
including the maintenance plan in the property owners’ association documents
prior to final plat approval. The plan must include the long-term maintenance
instructions for the Properties Owners’ Association.
b. The applicant must note on the plat that maintenance of the common parking
areas within open space tracts are the responsibility of the Property Owners’
Association and provide a maintenance plan with final plat.
28. Sec. 34.02.030 – Work in Streets. The City is proceeding with the construction of
Cottonwood Road between Oak St and Baxter Lane and the roundabout at the
intersection of Cottonwood and Baxter Lane. The City will not permit cuts or disturbance
of the Cottonwood Road and the roundabout once complete. If the gravity sewer is not
installed prior to or with the project wastewater service may not be available from the
west resulting in the development becoming reliant on downstream service from truck
mains within the Aajker creek basin. Private lift stations will not be permitted.
29. Sec. 38.350.060 – Fences. Fences located in the rear or side setback of properties
adjoining any city linear park must have a maximum height of four feet on all sides. The
applicant must add a note to the plate or state this in the covenants with final plat
submittal.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on January 3, 2023.
The Planning Board meeting was held Monday, January 23, 2023 at 6:00 pm. The Community
Development Board acting in their capacity as the Planning Board considered compliance of the
application with the growth policy on January 23, 2023 and recommended approval unanimously
6-0. The Board’s discussion focused on the proposed range of proposed lot types and uses and
the potential to add density at a smaller scale in proximity to a proposed commercial node. No
public comment was received at the meeting regarding the proposed subdivision.
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22129 Findings of Fact for Northwest Crossing (NWX) Phase 2 Subdivision Page 19 of 35
Link to a video of the Community Development Board meeting can be found here:
https://bozeman.granicus.com/player/clip/1945?meta_id=45721
The City Commission meeting was held Tuesday, February 7, 2023 at 6:00 pm. Commissioners
voted unanimously 4-0 to approve the preliminary plat application. Discussion included support
for the proposed subdivision design and smaller lot sizes, courtyard lot design, suggestions for
park design including shared vegetable gardens and spaces for dogs, and the inclusion of missing
middle housing. Commissioners emphasized the inclusion of commercial spaces within the
development and directly to the south, echoing comments provided by the Community
Development Board. One instance of public comment was provided at the meeting with
comments that support the subdivision, stating the type of smaller homes being created will
allow Bozeman’s workforce to attain home ownership and stay in the community.
Link to a video of the City Commission meeting can be found here:
https://bozeman.granicus.com/player/clip/1956?meta_id=46808
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
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standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public hearings were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request.
The subdivider requested review of this subdivision under the terms of 76-3-623 MCA as
authorized in 38.240.100. Subdivisions reviewed under the terms of 76-3-623 may not include
variances or other instances of lack of compliance to standards and procedures.
The Department of Community Development received a preliminary plat application on April
18, 2022. The DRC reviewed the preliminary plat application and determined the submittal did
not contained detailed, supporting information that was sufficient to allow for the continued
review of the proposed subdivision on June 22, 2022.
A revised application was received on August 30, 2022. The DRC determined the application
was still not adequate for continued review on October 4, 2022.
A revised application was received on October 26, 2022. The DRC determined the application
was adequate for continued review January 3, 2023 and recommended conditions of approval
and code corrections for the staff report.
The City scheduled public notice for this application for publication in the legal advertisements
section of the Bozeman Daily Chronicle on Thursday, January 5, 2023 for postings on Sundays,
January 8, 2023 and January 15, 2023. The applicant posted public notice on the subject property
on January 6, 2023. The applicant sent public notice to physically adjacent landowners via
certified mail, and to all other landowners of record within 200-feet of the subject property via
first class mail, on January 6, 2023. No public comment had been received on this application as
of the writing of this report.
On January 18, 2023 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board. The Planning
Board considered the application on January 23, 2023 and recommended approval with a 6-0 vote.
On January 26, this staff report was updated and forwarded for review by the City Commission.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
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the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer – The subdivision will not significantly burden city water and sewer infrastructure
with the recommended conditions of approval and code provisions. The required design report
has been provided. Formal plans and specifications will be prepared and reviewed after action on
the preliminary plat. Code provision 10.a and 10.b directs the applicant to appropriate municipal
water and sewer modeling requirements to ensure capacity is provided with the development.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 2 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways. Additional required easements include temporary
road turnarounds between each phases’ road development, this will ensure public safety over the
course of the full build out. Easements must also be provided for any temporary stormwater
facilities used between phases. All easements must be provided using the City’s standard language.
Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be
granted with the final plat in accordance with standards.
Parks – The applicant is proposing to develop four different park areas. Two parks are located
along the north side of Harvest Parkway, Labeled Park B and Park C on sheet PK100. Park B is
proposed to be developed with a small playground, landscaping, and recreation pathways. Park C
is designed to connect recreation pathways and usable space to the park along Baxter Ditch,
platted with Phase 1, and the Bozeman Sports Park located east of Cottonwood Rd. with
enhanced road crossings. Park A also is proposed to be designed with a playground, a picnic
structure, a multi-purpose lawn, and assorted sitting areas. This park is to be located central to
the development northeast of the corner of Twin Lakes Ave. and Touchstone Dr. Touchstone
will also connect Cottonwood Rd. to the interior of the entire Northwest Crossing development
and will eventually cross Baxter Ditch to future phases. The other park areas to be developed are
located in the previously platted park areas to the east of the Baxter Ditch watercourse. Park P2
East is proposed to be developed with Phase 2, and Park P1 East is proposed to be developed
with Phase 4. P2 east is currently proposed to contain playground equipment, landscaping, and
recreation pathways to the east and north. P2 East will connect with P1 east which is to be
developed as a linear park that follows the watercourse setback allowing bike and pedestrian
movements north and south. The applicant is required to enhance the Baxter Ditch watercourse
with required watercourse setback plantings as specified in the code provisions above.
There are code provisions related to park area requirements, cash donation and infrastructure
donation in lieu of land dedication, and park development. These are listed in code provision 15.
Within this provision three are related to park design requiring a corrected phasing plan to be
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included within supplemental document F, and requirements for details related to specific park
amenities such as playgrounds, benches, and trash receptacles. The applicant is also required to
replace one of the several playgrounds proposed with the subdivision to a pickle ball facility to
meet PROST (Park, Recreation, Open Space, and Trails Plan) guidelines. These corrections will
ensure that the park is developed according to adopted park standards and needed amenities are
provided to the public. There is one code provision related to the parkland tracking table to
ensure that the correct appraisal value is reflected at the time of final plat application. 15.e
requires a note on the plat that the property owners’ association is responsible for snow removal
where lots will front on the park in blocks 10 and 11 and primary egress from private lots will be
within the park. This provision ensures maintenance of lot frontage sidewalks does not become a
burden to the Parks Department. 15.f requires a preconstruction meeting with the Parks Division
prior to commencement of parkland construction. This provision will help the applicant to follow
the correct construction process with the City. Lastly, 15.g requires that easements for trails
located within open space parcels must include the city-wide wayfinding signage and allow
Parks staff to install and/or repair wayfinding signs. This provision will help connect the
proposed trails to city wide park infrastructure with consistent signage and directions for users.
The proposal meets the required park dedication and improvement standards with conditions and
code provisions. The Parks Department reviewed the parkland proposal for consistency with the
master park plan for Northwest Crossing Subdivision within the approved master site plan,
application no. 19440, and the approved master site plan modification, application no. 22200.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code, REMU zoning, and design standards. Per the approved master site plan,
application no. 19440, and REMU zoning, Low Impact Design (LID) is required within the
development. Code provision 17 requires the design engineer to certify that LID infrastructure is
being implemented through the development and explain how in the stormwater infrastructure
review packet. The City encourages the design team to consider the Montana Post-Construction
Stormwater BMP Design Guidance Manual when designing the stormwater and drainage system.
Code provision 19.a requires the placement of sub-surface storage systems to allow for
reasonable operation and maintenance of the system without impacting the adjacent privately
owned lots. A maintenance plan must be provided per 19.c to facilitate long term maintenance of
stormwater systems. 19.b requires appropriate landscaping be provided where surface
stormwater retention ponds are proposed to ensure compliance with Sec. 38.410.080.
Agricultural water user facility – The portion of Baxter Ditch that flows intermittently along the
north end of this proposed subdivision east of Baxter Ditch, underneath Baxter Lane and North
to adjacent parcels is to be removed and filled with this subdivision. No Farmers Canal shares
are conveyed via the open ditch, and no known private water rights are conveyed. This was
confirmed by the Farmers Canal Company. As a part of the Baxter Lane widening the existing
portion of Baxter ditch that flows west to Baxter Creek along Baxter Lane will be altered to
ensure that the channel can convey the additional flow and mitigate any additional flood hazard.
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BMC 38.360.280 requires written notice to the applicable water users or agricultural water users
authorized representatives of the proposed development. Outside counsel was hired by the
applicant to identify and notify downstream users of the proposed changes to Baxter Ditch with
the required Baxter Lane road expansion. Letters or emails were sent to downstream users as
required by code. This is confirmed with the attached correspondence within the application
(documents and drawings labeled 8 in the application materials) and via a letter provided to the
applicant from Abigail R. Brown Attorney at Law dated October 20, 2022.
Code provision 13 states stormwater from the development may not be discharged to an
agricultural facility without written permission from the owner of the facility and the provision
of corresponding stormwater conveyance easements to protect downstream water users.
Additionally, 13.b requires a notice be recorded with the final plat stating that the agricultural
water user facility easement is subject to the requirements of Section 10-17-112 MCA restricting
interference with canal or ditch easements, and that irrigation works are subject to other duties
and liability in Montana Code Annotated. This notice must include language to assure the duties
are binding upon all successors in interest and will remain in effect until such time the
agricultural water user facility is abandoned. Agricultural water user facility requirements were
reviewed by staff for compliance with adopted standards.
Concurrent construction – The applicant requested concurrent construction per BMC
38.270.030.D. Code provision 24 requires the applicant to provide concurrent construction
approval prior to final plat approval as well as appropriate improvements agreement applications
for required infrastructure and landscaping. An approved concurrent construction plan from the
DRC will allow the applicant to complete required improvements with an improvements
agreement within two years of the date of final plat approval.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary address will be provided to enable 911 response
to individual homes prior to recording of the final plat. Fire protection standards require
installation of fire hydrants at designated spacing to ensure adequate protection.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement 2 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 generally
located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have either frontage on public streets constructed to City standards with lot
frontage meeting minimum standards shown on the preliminary plat, or access from an approved
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alley and a greenway corridor with public access as allowed by BMC 38.400.090.B.2.c. Portions
of blocks 1, 10, 11, and 9 are proposed to front onto landscaped open space or park parcels with
sidewalks provided within those parcels, and vehicular access taken from the alley. Code
provision 22 requires the applicant provide conceptual layouts in the property owners’
association documents showing an example of lots fronting off a greenway open space corridor.
The conceptual layout should show an example of the front door connecting to the greenway
sidewalk and a fencing example indicating a front yard fence of 4-feet on all sides.
38.220.060 Documentation of compliance with adopted standards
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on January 26, 2022 and no variances were requested. No waivers were granted.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
This subdivision will not significantly impact surface water. Baxter Ditch, an unnamed tributary
of Baxter Creek, runs to the west of the subject property. The entire eastern half of the subject
property, east of Baxter Ditch where phase 2 is proposed, has been historically filled, tilled,
planted, and irrigated eliminating wetland qualities in those areas. Where intact wetlands and
watercourses are present setbacks have been delineated and identified pursuant to BMC
38.410.100. This was done with the master site plan, application no. 19440, and the Northwest
Crossing Phase 1 Preliminary Plat, no. 20113. Watercourse setback plantings along the east side
of Baxter Ditch are required with code provision 16. Plants and soils along the watercourse have
been severely degraded due to agricultural activities, and noxious weeds are widespread.
Plantings are required to be installed or financially guaranteed with final plat.
A drain tile system existed through the eastern half of the phase 1 and 2 property and has been
traditionally used for agricultural ground dewatering. A letter from the Gallatin Conservation
District, provided in the application materials states that this drained swell, where the tile has
been damaged and repaired, is not a natural watercourse or irrigation facility and does not
convey water from other properties. The applicant proposed a redesign to this system with the
Phase 1 final plat application. A continuation of that redesign is proposed through this phase 2
application. The dewatering pipe is proposed along Twin Lakes Avenue and Rosa Way and will
flow north towards the proposed Baxter ditch re-alignment and discharge into Baxter Creek. This
pipe will be located in a separate 10-foot wide easement and must be minimum of 18-inches
from all water main crossings. Design of the dewatering pipe was reviewed by engineering and
was found to meet standards.
The watercourse presents the possibility of flooding, code provisions 20 and 21 are related to this
issue. Mitigation of this flood hazard includes recommendation for fill to be added to the site. If
fill impacts wetlands or watercourses mitigation is required with local, state, and federal
permitting.
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38.220.060.A.2 - Floodplains
Flood hazards were evaluated by the Engineering Division against code requirements contained
in BMC 38.600. Code provision 21 states: The flood hazard report finds that floodwater could
reach elevations in proposed lots based on existing topography. To mitigate the flood hazard due
to existing topography, the report recommends fill be placed to keep the floodwater contained
within the confines of the 20 feet of the wetland setback, the elevation of the structure to a
minimum of two feet and sidewalk one foot above the identified floodwater surface elevation.
The fee simple lots may not be final platted with completion of the mitigation. Sidewalks must
be constructed per the recommendation. Finally, the plat must contain a note that the structure
should be elevated two feet above identified floodwater surface elevation and provided
recommended finished floor elevations for lots adjacent to Baxter Ditch. Code provision 20
states: Abandonment of the eastern lateral of Baxter Ditch increases flow to the western leg of
Baxter Ditch and the subsequent flood hazard. The proposed alterations, as described with the
flood hazard analysis, to accommodate the 100-year event on Baxter Ditch must be completed
prior to the abandonment of the eastern ditch lateral as well as any required mitigation
downstream along Baxter Creek. The alteration to Baxter Ditch must be reviewed through the
City’s infrastructure review process in addition to obtaining all other permits required from
outside agencies and the adjacent property owner. Any alterations proposed within the public
right-of-way required the approval of the City Engineer.
38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed in 2019 and included eight test pits across the
entire Northwest Crossing development. A memo detailing groundwater flow modeling was
completed in 2020. The site is in an area of high groundwater which may negatively impact
future structures or cause illicit discharges into the sanitary sewer and over burden the surface
drainage system. Condition 6 on the plat prohibits use of basements or crawl spaces unless a
professional engineer certifies that the structure has been designed in such a way to
accommodate seasonal high groundwater. This requirement will protect both future structure
owners from future hazards of flooding and lessen burden on the public from illicit discharges.
Code provision 18 is related to high groundwater and stormwater infrastructure.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known endangered or
threatened species on the property. Habitat quality has been substantially impacted by agriculture
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and grazing. A memo prepared by Christine Pearcy, an environmental scientist with Morrison
Maierle dated July 2019 was included with the application. Minimal habit exists on the property,
except for along the watercourse. The applicant is proposing to enhance the east edge of the
watercourse where it is adjacent to phase 2 and appropriate watercourse and wetland setbacks
have been provided.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The subject property is designated as residential
mixed use according to the City of Bozeman Community Plan. The area is zoned for residential
mixed use high density development. The site is historically used for grazing and irrigated crops,
but the home and agricultural buildings are all vacant.
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. Also see discussion above.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development and the existing neighborhoods by
completing the street grid in the area with conditions and code provisions. Phases 1-4 will extend
Rosa Way, Twin Lakes Avenue, and Dayspring Avenue that were platted with phase 1 to the
north into phase 2. New east-west roads are currently proposed to be named Dayspring Avenue,
Touchstone Lane, and Briarwood Lane. Blocks 1, 6, 9, 10, and 11 will be developed with alley
access lots. A platted north-south open space transportation corridor is proposed through blocks
2, 5, 8, and 11 to facilitate pedestrian movement through the site. The subdivision will primarily
be accessed via Rosa Way and Twin Lakes Ave. from Baxter Lane, and Touchstone Drive and
Harvest Parkway (existing) from Cottonwood Road. Three north-south routes, Dayspring Ave.,
Twin Lakes Ave., and Rosa Way will continue the street grid platted with Phase 1 to the north
into Phase 2 and are consistent with the master site plan approval already in place. This proposed
subdivision will include City standard sidewalks along all street frontages increasing the
pedestrian connectivity in the area as whole. A traffic impact study was provided by the
applicant for the Phase 2 subdivision and is dated February 23, 2022, with an update letter dated
October 18, 2022. The TIS and update letter were reviewed by engineering have been found to
meet City standards for peak trip generation and level of service with code provisions. Code
provision 6 requires both Baxter Lane and Cottonwood Road to be fully completed to ensure the
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convenient and reliable movement of City wide traffic and effective access for emergency
services for both the proposed development and the community as a whole as the proposed
subdivision moves through the currently planned phasing.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service from Northwestern Energy and internet
providers.
38.220.060.A.13 - Land Use
The application has provided future land use data consistent with the REMU zoning district and
the community plan. 26.84 acres is proposed as developable residential lots, 3.24 acres as open
space tracts, 2.16 acres as parks, and 11.74 acres as right-of-way. The proposed uses of
townhouses, small lot single household, and single household are allowed within the REMU
zoning district.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will provide improvements to existing dedicated parkland, new
parkland, and cash or improvements-in-lieu of parkland dedication. The proposal meets the
required park dedication and improvement standards with conditions and code provisions. The
Parks Department reviewed the parkland proposal for consistency with the master park plan for
Northwest Crossing Subdivision within the approved master site plan, application no. 19440, and
the approved master site plan modification, application no. 22200. Also see the discussion above.
38.220.060.A.15 - Neighborhood Center Plan
To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size
or greater, must have a neighborhood center. Developments may be exempted from this
requirement if every lot within the development is within one-half mile of an existing
neighborhood center. The existing neighborhood center platted with phase 1, is within 0.5 miles
of the subdivision, meets the size standards of this section, and is zoned B-2M which will allow
for a neighborhood commercial center.
38.220.060.A.16 - Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications. A Special Improvement Lighting District (SILD) must be
created prior to final plat application. Code provision 7 is related to this issue.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development.
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38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC; 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 February 7, 2023 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, and summarized the public comment submitted to the City prior to the public
hearing.
D. The City Commission requested public comment at the public hearing on February 7,
2023 and one member of the public offered testimony on the subdivision.
E. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 3 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
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G. 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 multi-phased major 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 by the Community Development Director for a period of mutually agreed upon
time.
DATED this ________ day of _____________________, 2023
BOZEMAN CITY COMMISSION
_________________________________
CYNDY ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
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7th March
22129 Findings of Fact for Northwest Crossing (NWX) Phase 2 Subdivision Page 30 of 35
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned REMU, Residential Emphasis Mixed Use. The intent and purpose
of the REMU district is to establish areas within Bozeman that are mixed-use in character and to
provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings, two to
four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses
supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy
lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of
vibrant, urban, and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more
self-sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and
strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and
attractive to pedestrians; and
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e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are within
the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but not
limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation
and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and
a wider range of housing types.
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)
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The subject property is designated as Residential Mixed Use. This category promotes
neighborhoods substantially dominated by housing, yet integrated with small-scale commercial
and civic uses. The housing can include single-attached and small single-detached dwellings,
apartments, and live-work units. If buildings include ground floor commercial uses, residences
should be located on upper floor. Variation in building mass, height, and other design
characteristics should contribute to a complete and interesting streetscape.
Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground
floor. All uses should complement existing and planned residential uses. Non-residential uses are
expected to be pedestrian oriented and emphasize the human scale with modulation in larger
structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces
should provide an interesting pedestrian experience with quality urban design for buildings, sites,
and open spaces.
This category is appropriate near commercial centers. Larger areas should be well served by
multimodal transportation routes. Multi-unit, higher density, urban development is expected.
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Any development within this category should have a well-integrated transportation and open
space network that encourages pedestrian activity and provides ready-access within and adjacent
development.
This proposed subdivision is well-suited to implement the Residential Mixed Use designation by
providing lots that will support a variety of housing types including townhouses, small lot single
household, single household, and courtyard access single household. The townhouse and small
lot single household lots will support construction of “missing middle” housing which is
contemplated throughout the Bozeman Community Plan 2020. The proposed subdivision is also
located near an existing, and yet undeveloped, commercial area. The added density adjacent to
this commercial neighborhood center will add demand for development of the B-2M zoned area
to the south.
The growth policy encourages development to be walkable, which is defined in the glossary as:
Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street, parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
With the complexity of features needed to create a walkable environment, no one site is likely to
provide all the needed elements. The additional density will help provide for element two with
potential for additional persons in the area. Parks and pedestrian routes are proposed through and
around the development. The use of alleys and courtyard access lots will significantly reduce
visible parking and help create a vibrant public realm. The REMU district has a minimum
building setback of 10-feet and a maximum of 15-feet which will contribute to pedestrian design.
LID stormwater is required and will be integrated into small retention ponds and underground
stormwater management reducing the need for large basins of unusable area. Gallatin High
School is within 0.5 miles of the center of the proposed subdivision, with nearby elementary and
middle schools within a mile.
The Streamline Brownline has a stop on Oak Street at Gallatin High School which is rough 0.5
miles away from the proposed development. There are also another commercial node at Baxter
Meadows about 0.75 miles away near Vaquero and Baxter Lane.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1.1 Promote housing diversity, including missing middle housing
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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)
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Morrison Maierle, Inc., 2880 Tech Blvd West,
Bozeman, MT 59771, representing applicant Williams Homes, 387 Gallatin Park Drive Suite
102, Bozeman, MT 59715, and the property owner NWX, LLC, 529 E. Main Street, Bozeman,
MT 59715.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
hearing per BMC 38.220.420, The City scheduled public notice for this application on January 5,
2023 for publication in the legal advertisements section of the Bozeman Daily Chronicle on
Sunday January 8, and Sunday January 15, 2023. The applicant posted public notice on the
subject property on January 6, 2023. The City sent public notice to physically adjacent
landowners via certified mail, and to all other landowners of record within 200-feet of the subject
property via first class mail, on January 6, 2023.
No public comment has been received as of the writing of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: NWX, LLC, 529 E. Main Street, Bozeman, MT 59715.
Applicant: Williams Homes, 387 Gallatin Park Drive Suite 102, Bozeman, MT 59715
Representative: Morrison Maierle, Inc., 2880 Tech Blvd West, Bozeman, MT 59771
Report By: Danielle Garber, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal, select the “Project Documents Folder” link and navigate to application #22129, as well as
digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT
59715.
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Application materials – Available through the Laserfiche archive, the full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=261887&dbid=0&repo=BOZEMAN
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=22-129
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