HomeMy WebLinkAbout004 Findings of Fact - Blackwood Groves_signedPage 1 of 38
20447, Findings of Fact for the Blackwood Groves Major Subdivision
Public Hearing Date: Planning Board May 17, 2021 at 6:00 via WebEx. Public hearing
reopened June 7, 2021 at 6:00pm via WebEx. A WebEx link will be provided with the
Planning Board agenda.
City Commission, May 25, 2021 at 6:00 pm via WebEx. Public hearing reopened June 8,
2021 at 6:00pm via WebEx. A WebEx link will be provided with the City Commission
agenda.
Project Description: Preliminary plat to create a major subdivision for a mixed use community
that includes 127 single household residential lots, 14 multi-household residential lots, 22
townhouse/rowhouse lots, 3 commercial lots, 8 common open space lots, and 16 City
Park lots on 119.45 acres. The property is zoned REMU.
Project Location: South of Alder Creek Drive, East of South 19th Avenue, West of Hidden
Springs Lake. RW Sec 24 & N2N2NW4 Sec 25, RW Sec 24 & N2N2NW4 Sec 25, City
of Bozeman, Gallatin County, MT.
Recommendation: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Planning Board Recommended Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 20447 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions.
Commission Recommended Motion 1 (Park Master Plan): 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 20292 and 20447 related to
the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with
conditions and subject to all applicable code provisions.
Commission Recommend Motion 2 (Preliminary Plat): 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 20447 and move to approve the
subdivision with conditions and subject to all applicable code provisions.
Report Date: May 26, 2021
Staff Contact: Sarah Rosenberg, Associate Planner
Lance Lehigh, Project Engineer
Addi Jadin, Parks Planning and Development Manager
Agenda Item Type: Action (Quasi-judicial)
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EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The property owner and applicant made application to develop the vacant property on the south
side of Bozeman. The 119.45 acre property is located to the south and west of South 11th Avenue
and to the east of South 19th Avenue. Sacajawea Middle School comprises most of the eastern
boundary. The application proposes the subdivision into 190 lots; 127 single household
residential lots, 14 multi-household lots, 22 townhouse/rowhouse lots, 3 commercial lots, 8
common open space lots, and 16 City Park lots.
The subject property was annexed to the City on June 15, 2020 and initial zoning was adopted on
June 15, 2020 as Residential Emphasis Mixed Use (REMU). A staff report for the Master Site
Plan application no. 20292, as required by REMU zoning, has been forwarded to the Director of
Community Development for approval on May 17, 2021. The property is currently unoccupied
and has been historically used for agriculture. There are multiple watercourses present on the
property, running north-south, with associated wetlands.
Blackwood Groves is set to be a mixed-use community that will include a variety of housing
types, a mixed-use town center, and a series of parks, plazas, and natural open spaces and trails
developed over nine phases. There town center area of the site located in the center of the
development. Commercial uses cannot exceed 30% of the total gross building square footage
within the REMU zone district. The purpose of the REMU zone district is to establish an area
that is mixed-use in character and provide options for a variety of housing, employment, retail,
and neighborhood service opportunities. All developable lots within this subdivision will require
further development review and public notice prior to building permit issuance.
The subdivision proposes 10.86 acres of unrestricted/qualifying parkland over 16 park lots and
an additional 7.48 of non-qualifying land within the parks if accepted by City Commission
(storm water facilities, access easements, watercourse and setback areas). In-lieu of 2 acres of
required parkland, the proposal includes improvements equivalent to 5.42 acres and the
developer proposes to provide the improvements-in-lieu that would be required for future lot
development as the subdivision phases are constructed. The parkland is primarily organized
around a few key features: the extension of the Gallagator Trail along its planned route which
coincides with a watercourse for the length of the subdivision, a mature tree grove along an
irrigation ditch that also runs north-south, and the desire to disperse activated parkland
throughout the subdivision via a linear park system. The Recreation and Parks Advisory Board
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(RPAB) Subdivision Review Committee recommended approval of the subdivision and the parks
master plan for the development with recommended conditions of approval on April 23, 2021
(per RPAB bylaws, the park master plan was not reviewed by the larger board).
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made
within 80 working days of the date it was deemed adequate. The Development Review
Committee (DRC) deemed the application adequate for continued review on April 29, 2021.
Pursuant to BMC 38.240.130 the city commission shall approve, conditionally approve or deny
the subdivision application by August 19, 2021, unless there is a written extension from the
developer, not to exceed one year.
Planning Board
The Planning Board held a public hearing on June 7, 2021. After consideration of the application,
staff analysis, and presentations the Planning Board recommended approval of the subdivision on
a vote of 5-0.
City Commission
The City Commission held a public hearing on June 8, 2021. One public comment was made in
regards to the bicycle lane along 19th and the sidewalk. After consideration of the application, staff
analysis, and presentations the City Commission approved the subdivision variance and the
amended plat of the subdivision on a vote of 5-0. The recording of the meeting is available at
https://bozeman.granicus.com/player/clip/98?view_id=1&redirect=true
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ............................................................................... 11
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL .......................................... 11
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ...................... 15
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 22
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 22
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC. .................... 22
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 24
Preliminary Plat Supplements ........................................................................................... 28
SECTION 6 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 33
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY...................................... 35
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 36
APPENDIX C – PROJECT BACKGROUND ............................................................................. 37
APPENDIX D - OWNER INFORMATION ................................................................................ 37
ATTACHMENTS ......................................................................................................................... 37
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SECTION 1 - MAP SERIES
Figure 1. Zoning classification
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Figure 2. Preliminary Plat
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Figure 3. Wetland Exhibit
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Figure 4. Land Use Plan
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Figure 5. Conceptual Plan
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Figure 6. Pedestrian Circulation
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SECTION 2 – REQUESTED VARIANCES
There are no variances requested with this subdivision application.
SECTION 3 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application. Staff has considered the
impacts as identified in the staff analysis and application materials and these conditions of
approval are reasonably related and roughly proportionate to the development.
1. BMC 38.220.070. The applicant shall submit with the application for Final Plat review and
approval, a written narrative stating how each of the conditions of preliminary plat approval
and noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc.
in the submittal.
2. BMC 38.220.070.A.7. Simultaneously with filing of the final plat, in conjunction with
required or offered dedications, the subdivider (or owner of the property being subdivided if
the owner is not the subdivider) shall transfer ownership to the property owners’ association
of any open space proposed to be conveyed to the property owners’ association and all its
right, title, and interest in any improvements made to such parkland or open space. For the
transfer of real property, the subdivider or owner of the property shall submit with the
application for final plat a warranty deed or other instrument acceptable to the City Attorney
transferring fee simple ownership to the property owners association and associated realty
transfer certificate. The subdivider or owner of the property must record the deed or
instrument at the time of recording of the final plat. For personal property installed upon
open space owned by the property owners association, the subdivider shall provide an
instrument acceptable to the City Attorney transferring all its rights, title and interest in such
improvements including all applicable warranties to such improvements.
3. BMC 38.240.150.A.3. Deeds and Realty transfer certificates must be provided for transfer of
any platted tract to the City or other entity in association with filing of the final plat.
4. BMC 38.410.060.A. The final plat must provide all necessary utility easements and they
must be described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
5. BMC 38.240.410. The certificate of dedication on the final plat shall include the specific
names of the streets dedicated to the public for which the City accepts responsibility.
6. In order to disclose to future purchasers their obligations regarding open space established in the municipal code the following language shall be included on the Conditions of Approval Sheet of the final plat:
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“As established by 38.220.320.A, 38.340.150.A.3.d, and other applicable elements of the
municipal code, ownership of all common open space areas and trails, and responsibility
of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners’ association. Maintenance responsibility shall include, in addition to the common open space and trails, all vegetative ground cover, and irrigation systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open space areas.
All areas within the subdivision that are designated herein as common open space including trails are for the use and enjoyment by residents of the development and the general public. The property owners’ association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space
areas and trails. At the same time of recording the final plat of the subdivision the
subdivider shall transfer ownership of all common open space areas within each phase to the property owners’ association created by the subdivider to maintain all common open space areas within Blackwood Groves subdivision. The City may release the Blackwood Groves Property Owners’ Association from the obligation to maintain parks dedicated to
the City at the City’s discretion.”
7. BMC 38.220.020.A. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) must be obtained by the applicant.
8. BMC 38.240.530. 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.
9. BMC 38.240.150.A. All Irrigation wells located within the exterior 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 owner’s association shall be
transferred to the property owner’s association in conjunction with the final plat. All
wells shall include a meter or other device to determine consumption.
10. The applicant must add a note to the conditions of approval sheet of the plat that all
stormwater infrastructure located outside of the public right-of-way must be maintained
by the property owners’ association (POA).
11. The applicant must include a note on the conditions of approval sheet of the final plat
that states that maintenance of all stormwater facilities, including stormwater facilities
within the park parcels, is the responsibility of the property owners’ association (POA).
12. With final covenants, provide a one page exhibit of lots 1-6 of block 28 as identified on
the preliminary plat, page 7 identified by legal description that includes setback
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requirements, watercourse setback zones, building area, and landscape/watercourse
setback planting requirements.
13. BMC 38.410.100. No accessory structures, patios, or recreational equipment (i.e.
swingset, trampoline. etc.) can be located within the watercourse setback. This language
should be included in the Final Design Manual and Covenants.
14. BMC 38.410.060. No landscaping (such as trees or bushes) beyond groundcovers or
fencing can be installed within an access or utility easement granted to the City of
Bozeman without written consent of the City of Bozeman. With final covenants, include
a statement that says that no landscaping (such as trees or bushes) or fencing can be
installed within the utility or access easement.
15. BMC 38.220.070 - The final plat must contain the following notation on the Conditions
of Approval sheet prior to Final Plat Approval:
a. BMC 38.220.320.A. The responsibility of maintenance for the stormwater
facilities including those in public parks, stormwater open space lots,
pedestrian open space lots and street frontage landscaping for the perimeter
streets must be that of the property owners’ association. Maintenance
responsibility must include, all vegetative ground cover, boulevard trees and
irrigation systems in the public right-of-way boulevard strips along all
external perimeter development streets. The property owners’ association
must be responsible for levying annual assessments to provide for the
maintenance, repair, and upkeep of all perimeter street frontage landscaping
and stormwater facilities and all open space landscaping.
b. BMC 38.410.060.C. All stormwater facilities not on property dedicated to the
City of Bozeman require public utility easement for storm water facility
maintenance. Due to known high groundwater conditions in the area no
basements will be permitted with future development of the site.
c. No crawl spaces will be permitted with future development of the site, unless
a professional engineer registered in the State of Montana certifies that the
lowest point of any proposed structure is located above the seasonal high
groundwater level and provide supporting groundwater data prior to the
release of building permit. In addition, sump pumps are not allowed to be
connected to the sanitary sewer system. Sump pumps are also not allowed to
be connected to the drainage system unless capacity is designed into the
drainage system to accept the pumped water. Water from sump pumps may
not be discharged onto streets, such as into the curb and gutters where they
may create a safety hazard for pedestrians and vehicles.
d. A median is the portion of the roadway separating opposing directions of the
roadway, or local lanes from through travel lanes. All medians within the
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subdivision are to be maintained by the property owners association. A
separate City approved maintenance agreement must be recorded with the
Clerk and County recorder and incorporated into the subdivisions Covenants,
Conditions & Restrictions.
e. The back-in angled parking is to be maintained by the property owners
association which includes snow removal, pavement maintenance, and all
other maintenance functions of the back-in angled parking spaces.
f. Although an easement or parkland dedication is required at the time of final plat,
the Parks and Recreation Department does not assume maintenance responsibility
for parkland and improvements until after Final Plat and until the park meets
requirements of 38.420.080 and the approved park master plan, all conditions of
approval for the subdivision or park master plan are completed, and written
acknowledgement of final acceptance has been provided by the City.
g. Every owner of land fronting or abutting on a paved sidewalk or other path within
a park and connected to said sidewalk or path via a pedestrian pathway shall
remove and clear away, or cause to be removed and cleared away, any snow and
ice from that portion of the sidewalk in front of or abutting the building or lot of
land within 24 hours. However, in the event the superintendent of parks
determines the snow and ice on a sidewalk cannot be reasonably removed, the
superintendent may require the use of sand or other suitable substance to make
pedestrian travel reasonably safe. In that event, however, the sidewalk will be
thoroughly cleaned as soon as the weather permits.
16. The applicant must file the City approved maintenance agreement with the County Clerk and
Recorder, have a note added to the Conditions of Approval Sheet that identifies the
maintenance requirements and responsibilities of the back-in angled parking spaces, and
include the agreement in the subdivisions Covenants, Conditions & Restrictions prior to
Final Plat Approval.
17. A 1 foot no access strip shall be placed along all lots fronting on South 19th Street.
18. A 1 foot no access strip shall be placed along all lots fronting on South 11th Street.
19. A 1 foot no access strip shall be placed along all lots fronting on Blackwood Road.
20. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been
provided with Final Plat, then water rights or cash-in-lieu must be provided with any
future site plan development or applicable development application.
21. BMC 38.410.060.B. The applicant is advised where lots have a store front block frontage
designation the applicant must demonstrate alternative means to supply dry utilities and
easements through and within such lots prior to Final Plat Approval.
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22. BMC 38.410.060.D. A ditch maintenance agreement with the Middle Creek Ditch Company
(MCDC) must be provided prior to Final Plat Approval of the first phase of the development.
The agreement must describe the necessary easement width for maintenance of the ditch. The
applicant is advised that if the MCDC and the applicant cannot agree an easement width, a 10
foot wide standard ditch maintenance easement would be required. The applicant is advised
that if an agreement cannot be reached with MCDC the configuration and layout of the
proposed subdivision could change and can proceed at their own risk.
23. The project falls in the “Meadow Creek signal, water, and sewer Payback” area. The
applicant must pay the payback fees prior Final Plat Approval.
24. A road connection to South 19th Avenue must occur with the first phase of the development
prior to Final Plat Approval.
25. BMC 38.400.010 - South 11th and Blackwood Road must be constructed to a collector
standard according to the City’s Transportation Master Plan (TMP). Left turn lanes must be
provided for all intersections deemed necessary by City Engineering in Blackwood Road and
South 11th Avenue prior to Final Plat Approval. The turn lane must be included within the
infrastructure submittal plan set.
26. A maintenance access easement from the City is required for developer/POA access to
stormwater features within park lots prior to Final Plat approval. Prepare easement documents that include the area of access for stormwater feature maintenance.
27. 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.
28. Covenants must clarify whether snow and ice removal from park sidewalks is the responsibility
of the POA or adjacent property owner.
29. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide final park plans with all improvements proposed along with preconstruction meeting request at least 30 days prior to planned commencement of parkland construction.
SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat.
1. The final plat must conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents,
including certification from the City Engineer that as-built drawings for public improvements
were received, a platting certificate, and all required and corrected certificates. The Final
Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable
base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has
elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin
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on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions
of Approval sheet as the last same sized mylar sheet in the plat set.
2. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
3. BMC 38.220.300 and 310. The Property Owners’ Association (POA) documents must be
finalized and recorded with the final plat. The POA documents must include the requirements
of Section 38.220.300 and 320.
4. BMC 38.270.030. The applicant must submit plans and specifications for water and sewer
main extensions, streets, and storm water improvements, prepared and signed by a
professional engineer (PE) registered in the State of Montana, which must be provided to and
approved by the City Engineer. Water and sewer plans must also be approved by the
Montana Department of Environmental Quality. The applicant must also provide
professional engineering services for construction inspection, post-construction certification,
and preparation of mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been approved and a
preconstruction conference has been conducted. Building permits will not be issued prior to
City acceptance of the site infrastructure improvements unless all provisions set forth in
Section 38.270.030.C of the Bozeman Municipal Code are met to allow for concurrent
construction.
5. BMC 38.400.090. Street easements must be provided for all streets identified in the
underling Master Site Plan must be provided prior to each subsequent phase final plat
approval to ensure access is provided to all lots. The easements must be reviewed and
approved by the City. The easement must be provided using the City’s standard language
for a public street and utility easement. 10 foot utility easements must be provided along
all street frontage unless all effected utility companies (provided service to the
development) provided written documentation that the easements are not required prior
to final plat approval.
6. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land, private land,
personal property, improvements and water rights; documents required.
a. (1) For the transfer of real property in satisfaction of required or offered dedications
to the city, and required or offered donations or grants to the property owners'
association (POA), the subdivider or owner of the property must submit with the
application for final plat a warranty deed or other instrument acceptable to the city
attorney transferring fee simple ownership to the city or the POA.
b. (2) For the transfer of personal property installed upon dedicated parkland or city-
owned open space, or POA-owned parkland or open space, the subdivider must
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provide the city an instrument acceptable to the city attorney transferring all its rights,
title and interest in such improvements including all applicable warranties to such
improvements to the city or the POA.
c. (3) The subdivider or owner of the property must record the deed or instrument
transferring ownership or interests at the time of recording of the final plat with the
original of such deed or instrument returned to the city or POA as applicable.
d. (4) For the transfer of ownership interest in water, the subdivider or owner of the
property must submit with the application for final plat a deed or other instrument
acceptable to the city attorney transferring ownership to the city or POA, along with
all required state department of natural resources and conservation documentation,
certification and authorization.
7. BMC 38.270.030, Completion of Improvements. If it is the developer’s intent to file the plat
prior to the completion of all required improvements, an Improvements Agreement shall be
entered into with the City of Bozeman guaranteeing the completion of all improvements in
accordance with the preliminary plat submittal information and conditions of approval. If the
final plat is filed prior to the installation of all improvements, the developer shall supply the
City of Bozeman with an acceptable method of security equal to 150 percent of the cost of
the remaining improvements.
8. BMC 38.240.450 requires a certificate of completion of improvements. The certificate must
specifically list all installed improvements and financially guaranteed improvements.
9. BMC 38.240.520 requires a certificate of completion of non-public improvements.
Certificate must specifically list all installed improvements and financially guaranteed
improvements.
10. BMC 38.240.510. Separate the Conditions of Approval Notifications and Certifications
Certificate from the non-public improvements certificate and match the language in this
section.
11. BMC 38.240.530 when irrigation of public facilities are to be installed prior to final plat
approval, the final plat of subdivision must contain a certificate of completion of water-
related improvements. The certificate must list all completed and accepted improvements,
including but not limited to all irrigation system record drawings. The subdivision proposes
irrigation of public street frontage and city parkland. This certificate must be provided on the
final plat.
12. BMC 38.220.020 & 38.610.050 - Approved stream and wetland permits shall be provided
prior to public infrastructure approval for public infrastructure impacts to jurisdictional
wetland and streams. Permits shall be provided prior to Final Plat Approval.
13. BMC 38.410.070 – The 2015 Water Facility Plan requires the extension of a new 12 inch
water main (CIP Number: FP_1347) to the southwest corner of the subject property along S
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19th Ave. The identified 12 inch main must extended through subject property and connect to
the existing 16 inch water main in Blackwood Road prior to Final Plat Approval. The main
may follow the proposed water main alignment along Street E and Avenue A and must be
included within the infrastructure submittal plan set.
14. BMC 38.410.040. Provide design sections for mid-block pedestrian crossings through park
14, open space D, park 5, park 3, and open space B with the final plat. These crossings
require 1 tree for every 50 feet per 38.550.050.D.
15. BMC 38.410.130 - Compliance with BMC 38.410.130 shall be met prior to Final Plat
approval. The applicant must contact Griffin Nielsen with the City of Bozeman Engineering
Department for any cash in lieu of water rights determination.
16. BMC 38.600.180. A No-Rise analysis and floodway encroachment analysis must be
provided for Blackwood Road and Cambridge Drive to ensure protection of life and property
from flood impacts prior to final plat.
17. BMC 38.410.100. With the final plat, a watercourse planting plan must be prepared that
identifies the maintenance of the watercourse setback landscaping. The landscaping
identified in the watercourse planting plan must be installed or financially guaranteed prior to
final plat approval.
18. BMC 38.220.020, The developer must provide the community development department with
a copy of all required streambed, streambank or wetlands permits, or written notification
from the appropriate agency that a permit is not required, prior to the commencement of any
work on the site and/or final plat approval, whichever is sooner.
19. BMC 38.240.050, Disposition of Water Rights. Water rights, or cash-in-lieu thereof, as
calculated by the Director of Public Works, is due with the filing of each subdivision final
plat.
20. BMC 38.240.420, Mortgagee. If there are liens or mortgages against the property, the
appropriate Mortgagee certificate must be included.
21. BMC 38.410.060. A 10-foot utility easement located within the front yard setbacks along
Blocks 8, 20 and 22 will need to be shown on the final plat. An 8-foot sidewalk will need to
be designed within the access easement along blocks 8, 20, and 22 to meet ASHTO
standards.
22. BMC 38.410.060. Remove the pond on block 22 from the access easement with the final
plat.
23. BMC 38.410.060. With the final plat, include a 10 foot utility easement along the north side
of block 8 adjacent to the proposed sidewalk.
24. BMC 38.270.030.B.3. Completion of Improvements, Lighting. Subdivision lighting must be
installed or financially guaranteed prior to final plat approval. If an SILD is utilized for the
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lighting the 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.
25. BMC 38.410.120, If mail delivery will not be to each individual lot within the development,
the developer shall provide an off-street area for mail delivery within the development in
cooperation with the USPS. It shall not be the responsibility of the City to maintain or plow
any mail delivery area constructed within a City right-of-way. If cluster boxes are use a
dedicated area to pull up and access the boxes must be provided.
26. BMC 38.420.020.D. To ensure coordination when parks are being created by a multiphase
development, the entire parkland dedication must be accomplished at the time of the initial
phase of the development. If necessary, this may be accomplished through the grant of public
access easements during later phases.
27. BMC 38.420.030.D. Where a cash (or improvement) donation has been accepted in-lieu of
land dedication, the amount must be stated on the final plat.
28. BMC 38.420.080.B. The park boundary bordering all private lots must be delineated at the
common private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet
in length with no less than two feet driven into the ground. Each post must be labeled with a
permanent glued on sign stating "Park Boundary" or "Property Boundary." Other forms of
boundary marking may be approved by the planning or other appropriate department.
29. BMC 38.420.080.D. Stormwater detention/retention ponds. Stormwater retention or
detention ponds may be located within public parkland, but such areas do not count towards
the parkland dedication requirement. Any stormwater ponds located on parkland must be
designed, constructed and/or added to so as to be conducive to the normal use and
maintenance of the park. Stormwater retention or detention ponds must be maintained by the
property owners' association.
30. BMC 38.550.070. In accordance with the requirements of this section, installation by the
developer of vegetative ground cover, boulevard trees, and irrigation system in the public
right-of-way boulevard strips on perimeter streets and in and adjacent to City park lots and
any open space lots is required prior to final plat approval or must be financially guaranteed.
31. BMC 38.400.110.B.1, Transportation Pathways. Developers must install transportation
pathways, to provide adequate multimodal transportation facilities within the development,
as part of the required development improvements. Transportation pathways must be
Americans with Disabilities Act (ADA) accessible, and include the following types of
facilities:
a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the
applicable block frontage designation);
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b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. Class I trails;
32. With the exception of trail corridors within required watercourse setbacks, corridors for Class
I trails must be dedicated to the city. The dedicated trail corridor must be at least 25 feet in
width to ensure adequate room for the construction, maintenance and use of the trail.
Transportation trail corridors cannot be used to satisfy parkland dedication requirements; and
a. Pathways that connect community or neighborhood commercial nodes by a
reasonably direct route; or
b. Pathways that connect major residential, employment, educational, or other
service nodes by a reasonably direct route.
33. BMC 38.410.060, Utility easements shall be provided in accordance with the UDC. The
required 10-foot front yard easement is required for all lots unless written confirmation is
submitted with the preliminary plat from ALL utility companies providing service indicating
that front yard easements are not needed.
34. BMC 38.410.080.D, Grading and Drainage. Proposed storm water facilities must be
constructed and contained on an individual lot as a common area(s) or parkland owned by the
City and maintained by the property owners’ association and noted accordingly in the
protective covenants.
35. BMC 38.220.320, Covenants. Covenants, restrictions, and articles of incorporation for the
creation of a property owners’ association shall be submitted with the final plat application
for review and approval by the Department of Community Development and shall contain,
but not be limited to the following items: 1) the orientation and setbacks for corner lots, 2) all
additional setbacks required when lots are adjacent to pathway corridors and minor arterial
roads, 3) provisions for fences, 4) provisions for snow removal, maintenance and upkeep of
all common areas, public and private parks, trails, storm water runoff facilities, 5) guidelines
that outline architectural and landscape requirements for each individual lot and/or phase of
the subdivision, including placement of boulevard trees at a regular spacing for each
residential lot, 6) provisions that outline the renewal of an annual contract with a certified
landscape nursery person for the upkeep and maintenance of all parklands, common open
space, trails, etc., 7) landscape details for detention ponds, outlet structures, boulevard trees,
parkland, irrigation, etc., 8) mitigation of groundwater with established floor elevations, 9)
noxious weed control, and 10) assessment of existing and future Special Improvement
Districts. These documents shall be submitted to the city attorney and shall not be accepted
by the City until approved as to legal form and effect. A draft of these documents must be
submitted for review and approval by the Community Development Department at least 30
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working days prior to submitting a final plat application. These documents shall be executed
and submitted with the initial final plat to be filed with the Gallatin County Clerk and
Recorder at the time of final plat recordation.
36. BMC 38.410.080.H, Landscape Amenities. Stormwater retention/detention facilities in
landscaped areas shall be designed as landscape amenities. They shall be an organic feature
with a natural, curvilinear shape. The facilities shall have 75 percent of surface area covered
with live vegetation appropriate for the depth and design of the retention/detention facility,
and be lined with native grasses, indigenous plants, wet root tolerant plant types and
groupings of boulders to create a functional yet, natural site feature.
37. BMC 38.410.060 - All easements must be provided using the City standard language and the
applicant must provide an owner executed original easement to the City prior to Final Plat
approval. The following easements have been identified in the application:
a. Sewer and Water pipeline access easement for the mains intended to service the
development.
b. Public access easement(s) for onsite trail/open space and midblock crossing for
open space D open space B
c. In preparing signature blocks on any upcoming documents, please make the
following changes: Jeff Mihelich, City Manager; Mike Maas, City Clerk; If a new
member is established, the easement documents must be updated.
38. BMC 38.410.060.D.6. A notice must be recorded with a final plat approval stating that the
easements 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.
39. BMC 38.240.430. Where there will be a cash donation in-lieu of parkland dedication, plats of
subdivision must show the following certificate:
Certificate accepting cash donation in-lieu of land dedication
Finding dedication of parkland within the platted area of (Subdivision Name) would be
undesirable for park and playground purposes, it is hereby ordered by the city commission of
the City of Bozeman, that land dedication for park purposes be waived and that cash-in-lieu,
in the amount of _______________ dollars, be accepted in accordance with the provisions of
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SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on April 28, 2021.
The Recreation and Parks Advisory Board Subdivision Review Committee reviewed and
recommended approval of the proposed subdivision and parks master plan as outlined in the
application and with the conditions and code provisions in this report on April 23, 2021.
Public hearing date for the Planning Board is on May 17, 2021 at 6:00pm. The reopened public
hearing for Planning Board is scheduled for June 7, 2021. The hearing will be held via WebEx
with a WebEx link provided with the Planning Board agenda.
Public hearing date for the City Commission is May 25, 2021 at 6:00 PM. The reopened public
hearing for City Commission is scheduled for June 8, 2021.The hearing will be held via WebEx
with a WebEx link provided with the City Commission Agenda. As noted in Section 6, the City
Commission approved the application.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
outlined in code provision number 1, the final plat must comply with State statute, Administrative
the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the
Bozeman Municipal Code.
DATED this _____ day of _______ 20___
_______________________
Signature
City of Bozeman Director of Parks and Recreation
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Rules of Montana, and the Bozeman Municipal Code. A conditions of approval sheet must be
included and updated with the required notations can be added as required by conditions or code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. The applicant
is advised that unmet code provisions, or code provisions that are not specifically listed as a
condition of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify
conditions and code corrections necessary to meet all regulatory standards. Therefore, upon
satisfaction of all conditions and code corrections the subdivision will comply with the local
subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The application was received on January 8, 2021 and was deemed inadequate for further review
on February 11, 2021. Revised application materials were received on March 31, 2021. The City
deemed the application adequate for review on April 29, 2021. Public hearings are scheduled for
May 17 and May 25, 2021.
The hearings before the Planning Board and City Commission have been properly noticed as
required by the Bozeman UDC. Based on the recommendation of the DRC and other applicable
review agencies, as well as any public testimony received on the matter, the Planning Board must
forward a recommendation in a report to the City Commission who will make the final decision
on the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be made
within 80 working days of the date it was deemed adequate. Pursuant to BMC 38.240.130 the city
commission shall approve, conditionally approve or deny the subdivision application by August
19, 2021, unless there is a written extension from the developer, not to exceed one year.
Public notice for this application was given as described in Appendix C and no comment was
received as of the issuance of this staff report.
On May 13, 2021 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration by the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the Development Review Committee and the Department of Community
Development all applicable regulations are met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for City Commission
consideration in Sections 3 and 4.
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5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 4 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways. Code provision 5, 21, 23 and 33 state that utility
easements need to be provided along front yards and are to be granted with the final plat in
accordance with standards. Access must be provided to all sanitary sewer lines and manholes
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 developable area.
Local streets are identified as Street A, Street B, Street C, Street D, Street E, Avenue A, Avenue
B, Avenue C, South 15th Avenue, and Spring Creek Drive. South 11th Avenue and Blackwood
Road are identified as Collector streets.
The proposed lots either have frontage to a public street or onto a linear park with alley access.
Physical access to each lot is proposed via public streets and/or a public access and utility
easement. The final plat musts contain a statement requiring lot accesses to be built to the standards
contained in this section, the city design standards and specifications policy, and the city
modifications to state public works standard specifications per BMC requirements.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on 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 property has been producing alfalfa and will continue
to farm alfalfa as the phases are developed. Farming operations will cease at full build-out of the
project which will ultimately result in the loss of approximately 100-acres of alfalfa cultivation
within this area.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. All agricultural water user
facilities on and adjacent to the project will be protected. The property contains five waterways,
all which are irrigation ditch laterals of the Middle Creek Ditch Company. A ditch maintenance
agreement is required to be provided prior to final plat to describe the necessary easement width
for maintenance of the ditch as outlined in condition of approval number 27. Wetlands exist
adjacent to the watercourses and are preliminarily determined to be non-jurisdictional as outlined
in Appendix O, Watercourse Summary Memo from the U.S. Army Corps.
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3) The effect on Local services
Water/Sewer – Water capacity exists to serve the subdivision. The subdivider proposes to extend
water and sewer mains within all local and collector streets within the subdivision. Code
provision 8 requires a city standard sewer easement where the sewer system is located. Code
provision 3 requires the applicant to submit plans for water and sewer main extensions, approved
by the Montana Department of Environmental Quality, to be reviewed by the City. Building
permits will not be issued prior to city acceptance of site infrastructure improvements, unless
concurrent construction is requested and conditions allow. Water rights exist for the subject
property, the applicant proposes to transfer to City ownership existing water rights as outlined in
code provision 6.
Streets – The Growth Policy and subdivision standards require adequate connectivity of the
street grid to ensure sufficient infrastructure to serve the needs of the public and alleviate
congestion. The preliminary plat for the layout utilizes South 19th Avenue (arterial), Blackwood
Road (future collector), and South 11th Avenue (collector) to provide primary site connectivity.
Condition of approval 24 requires a connection to 19th Avenue with the first phase. Other
internal local streets provide access to all lots. Furthermore, street easements must be provided
for all streets identified in the underlying master site plan approval to ensure access is provided
to all lots within the subdivision, and provide predictability for future subdivision development.
Code provision 5 details this requirement.
Most streets are proposed to be constructed to city standards and the City accepts maintenance
for all streets with the exception of Street B in between S. 11th Avenue and South 15th Avenue
(where back in angled parking exists) which will be maintained by the POA as outlined in
condition of approval 15e. Street lighting is a component of the required street improvements. A
special improvement lighting district is proposed to maintain these facilities.
Police/Fire – The area of the subdivision is within the service area of both these departments. No
concerns on service availability have been identified.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. The responsibility of the stormwater facilities is the responsibility of the
Property Owners Association (POA) as outlined in condition of approval 10 and 11. Inspection
of installed facilities prior to final plat will verify that standards have been met.
Parklands - The proposal meets the required park dedication and improvement standards with
conditions and code provisions if the parks master plan is approved by the Commission. The
park master plan is comprised of 16 dedicated parks (4 neighborhood parks and 12 linear parks)
which total 18.34 acres of parkland (10.86 unrestricted, 6.70 acres within wetlands areas and the
zone 1 and 2 watercourse setback areas, 0.77 acres utilized by storm water storage ponds and
access easements). The unrestricted/qualifying parkland is 10.86 acres, which is 2 acres short of
the parkland requirement of 12.86 acres. To make up for the 2-acre deficit, the applicant
proposes improvements-in-lieu of 5.42 acres. See Appendix E for parks-related tracking tables
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and preliminary park site plans to be finally reviewed prior to preconstruction meetings as
outlined in conditions 26, 27, 28, and 29.
Parks 1 and 2 are located on the eastern side of the Blackwood Groves development and are
considered neighborhood parks. Both were approved for a reduction in frontage requirements
due to their watercourse adjacent features and due to the large lot on the adjacent school district
property to the east. Parks 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, and 16 are considered linear parks
that tie together the trail network through the development. Parks 9 and 10 are neighborhood
parks that are located on the western side of the property and have included sidewalks around the
perimeter to mitigate for frontage reduction.
Approval of the Park Master Plan includes approval of the watercourse setbacks and storm water
facilities within the design of the larger park area as this land will provide valuable trail
connections, unobstructed frontage for the parks, and attractive trail and park side features;
however, the land cannot be counted toward the required parkland amount. The stormwater
facilities shall remain the long-term maintenance responsibility of the Property Owners
Association.
Within these parks and open space consists of a trail network that connects streets, sidewalks,
trails, green spaces, and parks. There are two primary trail corridors that run north-south along
the watercourse on the eastern boundary. These trails connect to the extension of the existing
Alder Creek trails and the Gallagator trail to the north, both which are identified on the PROST
Plan Trail Map. The east-west connection includes 25’ wide corridors in the linear parks.
The Subdivision Review Committee of the Recreation and Parks Advisory Board reviewed the
proposal on April 23, 2021 and recommended approval of the parks plan (per RPAB bylaws, the
park master plan was not reviewed by the larger board) with conditions of approval and code
corrections.
Individual park site plans will be completed and approved with the final plat or prior to
preconstruction meeting if an improvements agreement will be utilized.
4) The effect on the Natural environment
No significant negative impacts to the natural environment have been identified. Where intact
wetlands and watercourses are present, setbacks have been delineated and identified pursuant to
BMC 38.410.100. There is an existing tree grove being preserved and incorporated into Park 3.
There is an existing wetland that runs near the eastern border of the site. Condition 7 requires
appropriate permitting from the Gallatin County Conservation District, Montana Department of
Environmental Quality, and U.S. Army Corps of Engineers when there is any disturbance of
wetlands on site.
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 16b 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
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and requires addition of a notation of this restriction on the conditions of approval sheet. This
requirement will protect both future structure owners from future hazards of flooding and lessen
burden on the public from illicit discharges.
The watercourses present the possibility of flooding along the eastern boundary within the park
and open space areas where no infrastructure or buildings are proposed. As stated above, where
fill impacts wetlands or watercourses mitigation is required with local, state, and federal
permitting. A No-Rise analysis and floodway encroachment analysis will be provided for
Blackwood Road and Cambridge Drive to ensure protection of life and property from flood
impacts as outlined in code provision 16.
Watercourse setback planting along all watercourses. A landscaping framework, proposed with
the approved master site plan, proposes enhancing the native lowland and upland areas with
shrubs and trees to significantly improve the quality of the watercourse and guide its character
long term as a natural amenity for Bozeman residents. Future planting plans will be required as
the property develops and will be reviewed according to standards in place at the time. Code
provision #12 states that a watercourse planting plan must be prepared that identifies the
maintenance of the watercourse setback landscaping and that is must be installed or financially
guaranteed prior to final plat approval. Lots 1-6 of block 28 are residential lots that contain a
watercourse setback and conditions of approval 12 and 13 relate to the allowable buildable area,
restrictions on the lots, and watercourse setback zones.
No other impacts to the natural environment are identified.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application will irrigate parkland, open space or other
public lands landscaping with wells.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. There are no known
endangered or threatened species on the property. Habitat quality has been substantially
impacted by agriculture. A letter from Mike Duncan, Fisheries Biologist with State of Montana
Fish Wildlife and Parks states that “the proposed Blackwood development should [be to] ensure
that the completed subdivision poses no direct or persistent environment threat to the local
watershed.” Mr. Duncan provided suggestions related to stormwater management systems to
prevent runoff into the ditches. Low Impact Design (LID) to mitigate stormwater is required in
the REMU zoning district and encouraged across the entirety of the development. Proposed
watercourse setback plantings that have the potential to improve stream habitat are described in
the above section.
6) The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact public health and safety. The intent of the regulations in Chapter 38 of
the Bozeman Municipal Code is to protect the public health, safety and general welfare. The
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subdivision has been reviewed by the DRC which has determined that it is in general compliance
with the title with conditions and code provisions. Any other conditions deemed necessary to
ensure compliance have been noted throughout this staff report. Condition of approval 1 requires
full compliance with all applicable code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code Ann.
and as a result, the Department of Community Development has reviewed this application
against the listed criteria and further provides the following summary for submittal materials and
requirements. All infrastructure will meet City standards and the improvements to the
watercourses will not impact the current floodplains on the project site nor will they increase
flood risk on the property or surrounding properties.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on December 8, 2020.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
The property contains five watercourses that are all considered laterals of the Middle Creek
Ditch Company. Detailed information on these watercourses and their associated wetlands is
included in the Wetland Delineation Summary and supporting wetland documents can be found
in Appendix O. Three of the watercourses (west, north, south) are man-made irrigation ditches
that do not have to adhere to the watercourse setback. The middle watercourse (Alder Creek) is a
natural drainage channel that does have to adhere to the watercourse setback. The fifth
watercourse (east) is a man-made irrigation ditch but forms a seep on the property to the south
which does not appear to be man-made so it must adhere to the watercourse setback.
38.220.060.A.2 Floodplains
The new Flood Insurance Rate Maps for Bozeman Creek delineates floodplain and floodway
boundaries on the eastern property along Figgins Creek. Cambridge Drive and Blackwood Road
will contain culvert crossings along the portion of Figgins Creek. These culvert crossings contain
FEMA jurisdictional floodway (Zone A, Zone AE). A No-Rise Certification Report (Appendix
Y) documents that the proposed crossings will result in a 0.00-ft rise in the 100 year water
surface elevation (WSEL) and floodway WSEL.
38.220.060.A.3 Groundwater
With the recommended conditions of approval and required plat corrections, the subdivision
groundwater impacts will be successfully mitigated. The Geotechnical Investigation Report
(Appendix V) includes an analysis of the groundwater encountered on site. Groundwater was
encountered at the bottom of each of the exploratory excavations. Groundwater monitoring has
been performed by C&H Engineering and Surveying during the 2019 and 2020 seasonal high
groundwater seasons. Groundwater monitoring results are provided in the Groundwater
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Investigation Report. Results from the groundwater monitoring indicate that the seasonally high
groundwater elevations across the subject property vary from .60 feet to 3.29 feet below ground
surface. The highest groundwater levels were encountered near the north and eastern property
boundaries. The infrastructure plans for this development will account for the high groundwater
conditions on site. All streets will be constructed above existing grade to ensure all stormwater
ponds are installed above SHGWL. Dewatering for utility installations and foundation
construction is expected and will be accounted for in any construction permits. Basement
foundations are not recommended within this subdivision – a note is included on the plat. Crawl
space foundations may be utilized in areas of the subdivision where the groundwater levels are
the deepest or in areas where the final grade elevations are built above existing conditions.
Condition of approval 15 and code provision 4 are related to groundwater and groundwater
dewatering including the restriction of basements and crawl spaces.
BMC 38.550.070 requires use of wells or surface water rights to irrigate parks and open spaces
rather than municipal water supply. The application requests to irrigate parkland, open space or
other public lands landscaping with wells per code requirements.
38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. Soils encountered
during testing show a layer of silty clay organic soil of low plasticity with depths ranging from
1.0 to 2.0 feet below ground surface. The second soil horizon encountered was lean clay with
sand with depths varying from 2.0 to 6.3 feet below ground surface. The third soil horizon was a
poorly graded gravel with sand and cobbles (“pit run” gravel) and varied in depth from 3.6 to 8.4
below ground surface. Based on the subsurface investigation, the excavation for any structure
must be observed by a licensed geotechnical engineer to verify that the proper foundation
subgrade material has been reached prior to the forming or casting of any foundation elements or
placement and compaction of any required structural fill.
Additionally, due to high groundwater levels in the area it is advised against constructing
buildings with full or partial basements, a condition of approval is recommended to address this
issue. The geotechnical report is included in the application materials.
38.220.060.A.5 Vegetation
There are no major vegetation types or critical plant species present on this site. The vast
majority of the property is vegetated with alfalfa which has been cultivated on the property for
many years. Wetland vegetation exists along the watercourse/irrigation ditches throughout the
property. The Wetland delineation Summary and supporting wetland documents is included in
Appendix O of this application. There is an existing stand of mature Cottonwood, Aspen, and
Willow trees/bushes located in the north-center portion of the site. This stand of mature trees will
be preserved and is incorporated within the Park #3 area. See additional comments above under
primary review criteria.
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38.220.060.A.6 Wildlife
This subdivision will not significantly impact wildlife with conditions and code provisions. An
impact letter with the subdivision information was sent to the Montana Fish, Wildlife and Parks.
Julie Cunningham and Mike Duncan of the MFW&P provided the following recommendations:
reduce or mitigate sediment delivery, and to prevent discharges of petroleum products or other
harmful substances into the nearby Middle Creek Ditch, no stormwater management systems
convey runoff directly into the ditches within the proposed development without first having the
opportunity for ground. These recommendations will be adhered to with the design and
construction of all Subdivision stormwater facilities. MFW&P also commented that the
“property is less than a mile from key elk winter range. Although within the City of Bozeman
annexation, the continued urban sprawl to the south reduces the open space available to elk and
results in higher damage complaints from local farmers.”
38.220.060.A.7 Historical Features
There are no known historical features located within the property. The only existing structure on
the property is an agricultural silo (metal) approximately 20 feet in diameter located near the
southwest corner of the property.
38.220.060.A.8 Agriculture
This subdivision will not significantly impact agriculture. See discussion above under primary
review criteria.
38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not significantly impact agricultural water user facilities. See discussion
above under primary review criteria.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly burden city water and sewer infrastructure with the
recommended conditions of approval and code provisions. See discussion above under primary
review criteria. The required design report has been provided. Formal plans and specifications
will be prepared and reviewed after action on the preliminary plat.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria. Permits from the State for stormwater control will be required
prior to any onsite construction. Stormwater ponds are designed to be located above seasonal
high groundwater level.
38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. Erosion and siltation control will be
exercised during construction by using appropriate best management practices as outlined in
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“Montana Sediment and Erosion Control Manual”. See discussion above under primary review
criteria.
38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. Standard 10-ft front utility easements are
provided across all lots. See discussion above under primary review criteria regarding extension
of water and sewer. All private utilities are available in the area.
38.220.060.A.14 Educational Facilities
A letter was sent to Todd Swinehart, P.E., Director of Facilities, Bozeman Public Schools. The
proposed development will be in the Morning Star Elementary School, Sacajawea Middle School
and Bozeman High School attendance areas. At this time, the schools can accommodate the
proposed development, however, the elementary schools are nearing capacity. The bus systems
can accommodate the estimated number of additional students.
38.220.060.A.15 Land Use
The Blackwood Groves neighborhood is to be developed under the existing Residential
Emphasis Mixed Use (REMU) zoning district. The site is larger than the five acres minimum
specified in the UDC and is located adjacent to existing residential neighborhoods which will
help sustain Blackwood Groves’ proposed commercial uses. The property is designated
Residential Mixed Use on the current Future Land Use Map and the attributes of that designation
further encourage neighborhoods sustainability and community interconnectivity.
REMU zoning confers an expectation on future site development that the area will be mixed-use
in character and provide options for a variety of housing, employment, retail, and neighborhood
services. The neighborhood design of Blackwood Groves embodies this expectation. From the
variety of housing options proposed to the Town Center area envisioned in the heart of the
community providing employment and retail opportunities, this neighborhood strives to exceed
the REMU intent expectations established in the UDC.
While the walkable neighborhood will emphasize residential as the primary use, the inclusion of
community scale retail and services supports the overall neighborhood design and experience. A
diverse array of community scale commercial uses is envisioned for the Town Center area of the
site, including retail, restaurants, offices, maker spaces, grocery, small-scale cinemas, and fitness
facilities (not to exceed 30% of the total gross building square footage allowed within the REMU
zoning standards). Residential uses will also be heavily integrated into the upper floors of the
Town Center.
The community has been designed to the complimented by vibrant, urban, and pedestrian
oriented complete streets. The proposed street sections provide for safe and broad connections
across and through the neighborhood, while the linkages enhance neighborhood’s sense of place
and park experiences. The proposed off and on streets connection encourage pedestrian and
bicycle travel, transit, on street parking, and include the physical elements of complete streets.
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Natural spaces have been incorporated throughout the development to serve the community
needs for both neighborhood residents and visitors alike.
On-street parking is planned throughout the site with back-in angled parking proposed adjacent
to the Town Center area. Shared access drives and alleys are proposed throughout the
development to create a more vibrant public realm as well as reduce the need for additional curb
cuts. Buildings are to be oriented to the streets and public spaces as is allowed in the BMC.
Design standards that emphasize the sense of place and stipulate maintenance of the
neighborhood facilities have been created and are included in the submittal, Appendix L.2. The
community design intended for this community encourages thoughtful development while
providing for flexibility for future phases of the development to respond to changing market
conditions. The design standards and guidelines proposed for Blackwood Groves also include
provisions that promote sustainable development.
38.220.060.A.16 Parks and Recreation Facilities
See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
The neighborhood center will be provided by four different areas within the development. Parks
3, 4, and 5 serve as three of the neighborhood centers while the town center plaza serves as the
fourth. New neighborhood commercial centers are subject to the community design framework
master plan provisions of sections 38.230.130 and 38.510.030.L establishing block frontage
designations for future development. Appendix B identifies the block frontage classifications
within the development.
38.220.060.A.18 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. Detailed lighting calculations will be provided with the
infrastructure plans for each applicable phase of the subdivision. A Special Improvement
Lighting District (SILD) will be created prior to final plat application. Code provision 24 is
related to this issue.
38.220.060.A.19 Miscellaneous
This material was waived. No additional impacts or hazards are anticipated.
38.220.060.A.20 Affordable Housing
We received communications from the City’s Legal Division that due to HB 259 related to
inclusionary zoning that the City will not enforce the requirements for affordable housing cash in
lieu as originally required during the preliminary plat and as reflected in the findings of fact. The
affordable housing plan and plat notes related to affordable housing and cash in lieu have been
removed from this application or will be eliminated prior to final plat.
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SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties,
and a review of the preliminary plat described in these findings of fact was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate
the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine
whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on June 8, 2021 at which time the Department of Community Development
Staff reviewed the project, submitted and summarized changes to the 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 including the changes to the conditions of approval.
E. The City Commission requested public comment at the public hearing on June 8, 2021
and one member of the public offered testimony on the subdivision as submitted.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Article 38.210,
BMC, and considering all matters of record presented with the application and during the public
comment period defined by Chapter 38, BMC, the City Commission has found that the proposed
preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain
conditions were imposed. Therefore, being fully advised of all matters having come before her
regarding this application, the City Commission makes the following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 2 of this report and the correction
of any elements not in conformance with the standards of the Chapter including those identified
in Section 3 of this report. The evidence contained in the submittal materials, advisory body
review, public testimony, and this report, justify the conditions imposed on this development to
ensure that the final site plan and subsequent construction complies with all applicable
regulations, and all applicable criteria of Chapter 38, BMC.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant an extension to its approval for a period of mutually agreed upon time.
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DATED this 22nd day of June , 2021
BOZEMAN CITY COMMISSION
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The property is zoned REMU, Residential Emphasis Mixed
Use District. 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. 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 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
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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: This property is designated as Residential Mixed Use in the
2020 Community Plan. 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. 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.
While the nature of development for the entire REMU area in this subdivision is not yet known,
development will be guided according to the Residential Emphasis Mixed Use (REMU) zoning
designation that correlates with this district. The applicant has proposed multi-household higher
density housing adjacent to the commercial node in the approved master site plan associated with
this site, with medium and lower density attached and detached single-household making up the
balance of the plan.
The proposed subdivision is meeting the 2020 Plan with the commercial areas that will serve both
the surrounding neighborhoods and broader community, and will function as a service center for
the neighborhoods within the development. The southeast corner of the proposed master site plan
has this community plan designation and is approximately 29 acres, with 15 acres being developed
with primarily commercial uses. This commercial area will serve two functions with appropriate
land uses placed along two arterial roads to serve the broader community including the new
Gallatin High School, adjacent residential neighborhoods, and activities in the adjacent Sports
Park, as well as functioning as the neighborhood center for the larger development with bicycle
and pedestrian connectivity from within the broader 160 acres.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board and City
Commission public hearings. BMC 38.220.420, Notice was provided by posting the site, mailing
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by certified mail to adjacent property owners and by first class mail to all other owners within
200 feet on May 1, 2021. Mailers were sent out for the reopening of the meeting on May 28,
2021. The site was posted with a notice on May 1, 2021 and reposted on May 28, 2021. A legal
advertisement was published in the Bozeman Daily Chronicle on May 16 and 23, 2021 and
republished on May 30 and June 6. Content of the notice contained all elements required by
Article 38.220., BMC.
Public comment has been received in regards to the residential lots on the northern property line
and how the lots will back up to the lots within the Alder Creek Subdivision. Their concern is in
regards to privacy between the lots and suggested to incorporate a greenway between the Alder
Creek Drive houses and the Cambridge Drive houses situated along the fence line.
APPENDIX C – PROJECT BACKGROUND
Resolution 5177 was approved by the City Commission on June 15, 2020 annexing the subject
property into the City. Ordinance 2052 adopting zoning of REMU was approved on June 15,
2020. A subdivision pre-application plan was reviewed by the Development Review Committee
in November 2020. A staff report for the Master Site Plan Application no. 20292 has been
forwarded to the Director of Community Development for approval. Section 38.310.060.B
requires a master site plan or PUD review in all REMU zoning districts larger than 5-acres. The
entitlement period for the master site plan is 5 years.
APPENDIX D - OWNER INFORMATION
Owner/Applicant: Blackwood Land Fund, LLC, 115 West Kagy Blvd, Suite L, Bozeman, MT
59715
Representatives: Matt Hauser, Bridger Land Group, 115 W. Kagy Blvd, Suite L, Bozeman, MT
59715
Report By: Sarah Rosenberg, AICP, Associate Planner
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #20447, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=229622&dbid=0&repo=BOZEMAN
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=20-447
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