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July 30, 2021 – Transmitted via Email Only
Derek Williams
derek@bridgerdevelop.com
RE: Buffalo Run Concept Review, Application 21270 MMI - Narrative
Project Description: This is a Conceptual Review application for advice and comments on a
proposed development with 214-237 units proposed on a 20 acre parcel with associated public
street easements, pedestrian and vehicular access, open space, parking, and parkland. Existing
conditions include a single household dwelling and associated accessory structures. The recently
annexed parcel is zoned R-4.
Project Location: Currently addressed as 5400 Fowler Lane, Legally described as S23, T02 S, R05
E, N2SW4SW4, City of Bozeman, Gallatin County, Montana.
We hope that these notes and suggestions assist you with the design and review of this potential
future project. Please note that comments are preliminary and based on information provided.
While we attempt to identify all issues during a conceptual review, please keep in mind that there
may be other issues that arise during the formal review. We appreciate your patience in the
review process. All references below to Sections of the Bozeman Municipal Code. If you have any
questions or concerns or would like to set up a meeting, please do not hesitate to reach out to
your Planner and Development Review Coordinator.
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Planning Division, Danielle Garber, dgarber@bozeman.net, 406-582-2272
1. Process – BMC 38.230.020. A master site plan is a generalized development plan that
establishes building envelopes and overall entitlements for complex, large-scale projects
that will require multiple years to reach completion. A master site plan application is not
required, however if phasing is proposed to extend beyond 2 years, a Master Site Plan
allows that entitlement to be extended to 5+ years. Please include the following with your
formal submittal:
a. In addition to, or as listed in the submittal checklist, a Site Plan must include:
1. A detailed phasing plan that includes:
a) Detailed construction management plan.
b) Project phasing and associated improvements necessary for the
independent function of each phase such as parking, pedestrian
connections to the street, and open space.
c) Without a phasing plan, final occupancy may not be granted until
the entire site is built out and ready for occupancy.
2. Draft access and utility easements to facilitate services, and vehicular and
pedestrian access throughout the site in lieu of subdivision and dedication.
3. A master park plan.
4. A concurrent construction request is recommended.
b. If submitting a master site plan, the Phase 1 site plan may be reviewed concurrently.
Subsequent phases require additional site plan application reviews.
c. Any requested departures must be submitted with the applicable review fees for
each departure.
2. Applicant Questions:
a. Staff supports a concept review meeting. Please coordinate a follow up meeting
with your Development Review Coordinator, Diane Tolhurst.
3. Form and intensity standards – BMC 38.320.030. For this single lot development provide
calculations for minimum lot area, lot coverage, floor area ratio, building height, and
setbacks for all building types. Per this section, maximum lot size for an R-4 lot with
residential uses is 2.5 acres. Departures from the maximum lot size requirements may be
allowed where the planned development fits into the context of the neighborhood and
proposed pedestrian and vehicular circulation measures meet community objectives. In the
formal submittal a departure with the associated processing fee must be requested from
this standard. Detail how the proposed development is meeting these standards.
4. Townhouse and rowhouse dwellings – BMC 38.360.250. The rowhouse and duplex
buildings within this development are subject to this section of the code. Provide a response
in the narrative and drawings to the standards in this section including a different usable
open space calculation from Article 5 (see below for multi-household open space
standards), and building design standards that require repetition with variety. For rowhouse
open space, the provided open space must be provided directly adjacent to each unit and
meet dimensions of at least 12 feet on all sides. This will need to be delineated on the
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open space drawings for each rowhouse unit. For the building design requirements specify
in the project narrative which of the repetition with variety guidelines, and which of the
residential building articulation standards from 38.530.040.C are being employed to meet
this standard.
5. Watercourse setback – BMC 38.410.100. Where a development is crossed by or is adjacent
to a watercourse, the developer must mitigate the impacts of the development on the
watercourse. This mitigation may not be less restrictive than the requirements of the city
floodplain regulations or any other applicable regulation of this chapter. The purpose of this
mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control.
Provide details and classification per this section on any watercourses present on site,
provide a delineation and functional assessment of any wetlands present on the site
according to the requirements of 38.610. Provide proposals for mitigation along with any
required local, state, and federal permits that may apply.
The Applicant is working (since 07/13/21) to get a determination
from the USACE. See the email correspondence in the Documents
folder for details (Email from MMI to USACE Jurisdictional
Determination Request_ 5400 Fowler Lane 092821.pdf).
The Gallatin Conservation District has made the following
determination.
From Mike Rotar representing the Conservation District” “I’ve attached a marked-up excerpt from the 1953 Water Resources Survey (WRS) for Gallatin County. As Christine described in her email, the waterway on this property is a lateral from the Middle Creek Ditch. I reviewed aerial photos back to 1995, and although the waterway looks to have been manipulated on the property to some degree in the last 25 years, it continues to have originated from the main Middle Creek Ditch on the SE side of the Fowler Rd./Patterson Rd. intersection. As such, this waterway is a ditch and considered non-
jurisdictional from the CD’s standpoint.”
See this email correspondence in the Documents folder for details
(Buffalo Run - Water Course Designation - Conservation District
120919.pdf)
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6. Block length and width – BMC 38.410.040. Blocks must be designed to be between 300-400
feet in length. Block lengths may be longer than 400 feet if necessary due to topography,
presence of critical lands, access control, or adjacency to existing parks or open space.
Blocks must be between 200-400 feet in width, except where essential to provide
separation of residential development from a traffic arterial or to overcome specific
disadvantages of topography and orientation. Provide details in the formal submittal how
the proposed avenues and pedestrian rights-of-way are utilized to meet the standards in this section.
7. Grading and drainage – BMC 38.410.080. Stormwater retention/detention facilities in
landscaped areas must be designed as landscape amenities. They must be an organic
feature with a natural, curvilinear shape. The facilities must 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. A cross section and landscape detail of each facility must be submitted with the
final landscape plan for review and approval. Facilities with a slope up to and including ten
percent grade may be grassed and irrigated to blend into the adjacent landscaped area.
8. Block frontage – BMC 38.510. This project will include multiple block frontages:
a. A community design framework master plan must be submitted with your formal
submittal to designate block frontages for new streets per section 38.530.030.L.
b. Special Residential: For residences with ground floor living spaces facing a sidewalk
or pedestrian path within a residential development, the building must feature at
least one of the public/private space transition elements described in Section
38.530.030.J. Identify all special residential frontages interior to the site, and
describe the transition method in the formal submittal.
c. Landscaped Block Frontage: In the formal submittal narrative and drawings
demonstrate compliance with the block frontage required design elements including
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but not limited to: Building placement, building entrances, façade transparency
(provide on elevation sheets), weather protection, and parking location.
9. Non-motorized circulation and design – BMC 38.520.040. Sites with residential units.
Provide direct pedestrian access between all ground related unit entries and a public street
or to a clearly marked pathway network or open space that has direct access to a public
street. Residential developments must provide a pedestrian circulation network that
connects all main entrances on the site to other areas of the site, such as: a. Parking areas;
b. Recreational areas; c. Common outdoor areas; and d. Any pedestrian amenities; For
townhouses or other residential units fronting the street, the sidewalk may be used to
meet this standard. Additionally:
a. Crosswalks are required when a walkway crosses an on-site paved area accessible
to vehicles. Crosswalks must contain contrasting material (such as concrete) and/or
patterns (such as stamped asphalt), excluding painted surfaces.
b. Pedestrian paths through parking lots. Developments must provide specially
marked or paved sidewalks through parking areas. At least one walkway must be
provided every four rows of parking or at a maximum spacing of 200 feet. The
pathways must provide a safe connection to the building entrance and meet the
pathway design standards set forth in subsection D.
c. Provide easements for non-motorized access to facilitate the future extension of
paths when adjoining properties are improved.
See the Buffalo Run Easement Exhibit in the Plans folder for details (Buffalo Run Easement Exhibit 092821.pdf).
d. All internal pathways must have a minimum five-foot-wide unobstructed surface,
except where wider pathways are prescribed in this division or where the applicable
uses and context dictate wider pathways.
e. Where a pathway is adjacent to perpendicular or angled parking, an extra two feet
of walkway width must be provided to mitigate for parked vehicles overhanging the
walkway.
f. Pathways must be separated from structures by at least three feet of landscaping
except where the adjacent building façade meets the Storefront block frontage
standards per section 38.510.030.B. Departures are permitted for other landscaping
and/or façade design treatments to provide attractive pathways will be considered.
Examples include sculptural, mosaic, bas-relief artwork, or other decorative
treatments that meet the intent.
10. On-site residential open space – BMC 38.520.060.B. All multi-household development,
including multi-household portions of mixed-use development, must provide minimum
usable open space equal to 100 square feet per dwelling unit for studio and one bedroom
dwellings and 150 square feet per dwelling unit for dwellings with two or more bedrooms.
The required open space may be provided in a combination of ways: shared open space, ground level private outdoor space, balconies, common indoor recreation areas, and
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shared roof decks. Provide an exhibit detailing proposed open space overall and by phase.
The open space plan shows all areas not being used for buildings, parking, and circulation as
open space, this will not work in the formal submittal. Demonstrate compliance in the
formal submittal how each type of open space proposed will meet the listed design
standards in this section including dimensional standards, amenities provided, and
separation from residential windows and service areas.
11. Location of ground related service areas and mechanical equipment – BMC. Service areas
(loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and
mechanical equipment areas) must be located for convenient service access while avoiding
negative visual, auditory, olfactory, or physical impacts on the streetscape environment and
adjacent residentially zoned properties. The review authority may require evidence that
such elements will not significantly impact neighboring properties or public areas. The
applicant has indicated the location of solid waste enclosures, but not other types of service
areas and utility meters. Detail in the formal submittal how the development service areas
will be functional and provide the required service access while minimizing impacts to
residents. Mechanical equipment such as roof top or ground level AC units, PTAC units,
and Mini-splits must also be screened.
12. Solid Waste Enclosures – BMC 38.520.070.C. Screening of ground related service areas and
mechanical equipment. 1. Where screening of ground level service areas is required the
following applies: a. A structural enclosure must be constructed of masonry, heavy-gauge
metal, or decay-resistant material that is also used with the architecture of the main
building. The review authority may allow materials other than those used for the main
building if the finishes are similar in color and texture or if the proposed enclosure materials
are more durable than those for the main structure. The walls must be sufficient to provide
full screening from the affected roadway, pedestrian areas or adjacent use. The enclosure
may use overlapping walls to screen dumpsters and other materials (see figure 38.520.070.C
below); b. Gates must be made of heavy-gauge, site-obscuring material. Chain link or chain
link with slats is not an acceptable material for enclosures or gates; c. Where the inside of
service enclosures is visible from surrounding streets, pathways, and buildings, an opaque or semi-opaque horizontal cover or screen must be used to mitigate unsightly views. The
horizontal screen/cover should be integrated into the enclosure design and compatible
with adjacent development; d. Collection points must be located and configured so the
enclosure gate swing does not obstruct pedestrian or vehicular traffic, or does not require
that a hauling truck project into any public right-of-way. Ensure that screening elements
allow for efficient service delivery and removal operations. e. The service area must be
paved.
13. Utility meters, electrical conduit, and other service utility apparatus - BMC 38.520.070.D.
Utility meters, electrical conduit, and other service utility apparatus must be located and/or
designed to minimize their visibility to the public. Project designers are strongly encouraged
to coordinate with applicable service providers early in the design process to determine the
best approach in meeting these standards. If such elements are mounted in a location
visible from the street, pedestrian pathway, or shared open space, they must be screened
with vegetation and/or integrated into the building's architecture. Elevations that detail the
location and method of screening is required with the formal submittal. The applicant must
design for screening and separation in mind. Work with Northwestern Energy to determine
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where dry utility lines, gas and electric meters, and transformer pads will be located and
provide screening details in the formal submittal.
14. Building design – BMC 38.530. The following building design standards will be reviewed
generally with the formal submittal:
a. Building massing and articulation – BMC 38.530.040.C. Residential buildings must
include articulation features at appropriate intervals relative to the scale of the
façade in order to reduce the perceived massing of the building and add visual
interest. At least three of the features listed in this section must be employed at
intervals relative to the individual dwelling units or at a maximum of every 30 feet.
The scale of the façade articulation should be compatible with the surrounding
context. Provide details in the narrative and elevations.
b. Building massing and articulation – BMC 38.530.040.E. Building façades wider than
150 feet must include at least one of the listed features to break up the massing of
the building and add visual interest. Detail in the narrative and drawings which
elevation feature is being utilized.
c. Building materials – BMC 38.530.060. In the submittal provide details
demonstrating compliance for all exterior cladding materials listed in this section.
d. Blank walls – BMC 38.530.070. Untreated blank walls visible from a public street,
pedestrian-oriented space, common usable open space, or pedestrian pathway are
prohibited. Methods to treat blank walls are listed in this section and must be
included in the formal submittal.
15. Number of parking spaces required – BMC 38.540.050. The following details are required to
accompany the proposed parking calculation:
a. Provide a calculation and location of required spaces per phase, not just an overall
calculation.
b. Reductions/adjustments to minimum requirements are required to be applied per
phase not overall.
c. Show the locations and dimensions of on-street parking used to reduce off-street
parking. On-street parking per phase will need to be located adjacent to the portion
of the lot where the phase is located.
d. Bicycle parking requirements for rack types, dimensions, and locations is located in
Section 38.540.050.A.4-5.
16. Landscaping – BMC 38.550. Provide a phased landscaping plan that addresses mandatory
landscaping provisions in Section 38.550.050 including street frontages, open space, parking
lot landscaping requirements, landscaping used for screening of service areas and parking
areas, and internal landscaped areas with the formal submittal.
17. Signs – 38.560.060. The following on-premises signs may be permitted in R-4 with an
approved sign permit: 1. Subdivision and residential complex signs. For residential
subdivisions consisting of more than four residential lots and for residential complexes with
more than four dwellings and more than one building, one low profile, freestanding, sign
per development entrance may be permitted. No sign may exceed 16 square feet in area or
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five feet in height from the finished grade. The sign must be set back at least five feet from
the property line. 2. Residential building signs. For properties used for multi-household
residential, one wall sign per street frontage may be permitted. No sign may exceed eight
square feet in area.
18. Lighting – BMC 38.570. Provide a lighting plan and photometric plan for all site and building
lighting at the time of master site plan submittal.
Engineering Division, Lance Lehigh, llehigh@bozeman.net, 406-582-2284
1. See attached memo
Solid Waste Division; Russ Ward, rward@bozeman.net, 406-582-3235
1. Need to identify location for refuse enclosure for multi units.
2. Need detailed plan for refuse enclosure.
Building Division; Ben Abbey babbey@bozeman.net, 406-582-2950
1. No individual comments were received from Building. Staff encourages you to reach out
regarding the pre-fabricated nature of the proposed buildings for any applicable adopted
Montana building codes.
Parks Department, Addi Jadin, ajadin@bozeman.net, 406-582-2908
1. See attached memo
NorthWestern Energy; Tom Stewart, thomas.stewart@northwestern.com, 406-582-4602
21270 Buffalo Run CONR, - NWE Project Engineer Kory Graham
Kory.Graham@northwestern.com
• Electric primary and gas mains will need to be extended to and into the proposed project
location. A full complete engineering design will be needed by the NWE project engineer to
determine location of utility mains and equipment to provide the needed electric and gas
services. An application will need to be submitted to get this part of the project started.
• Utility easement. Any extension of gas main or electric primary will need to be installed within
10-foot or greater easement. To establish the needed utility easement locations the NWE
project engineer will help to establish these locations as well as the needed documentation.
• With the proposed project area being in a high groundwater zone it is anticipated that a
significant amount of fill be brought for building purposes. A complete site grading plan will
need to be submitted for the NWE project engineer to determine elevations for electric
primary, gas mains and transformer and junction can installations.
• Service & Meter Location. NWE engineer will need to review the elevation plans for the
proposed location of gas and electric meters. The electric meter & or CT cabinet will need to
be installed in the same general location within 10-feet of the gas meter. NorthWestern
Energy reserves the right to specify the location of our meters. All meters are to be located
outdoors on the corner or in a location on the building closest to the transformer or secondary
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junction can serving the building unit. On new construction, electric meter locations must be
within 10 feet of the gas meter if NorthWestern Energy will be providing both electric and gas
service. Meter locations will need to be approved by NWE. NWE policy is to maintain a
minimum 30-inches wide by 3-feet clear zone between the front of the meter and landscape
screening or wall screening for self-contained meter bases and 48-inches for installations
requiring cabinets. Location of the meter(s) shall allow easy access to the meters for operation
and maintenance.
• The following applies to buildings in regards to the gas regulator. The gas regulator cannot be
placed under a window or within 3’ of the operable portion of the window. It can be placed
under a window/deck on the second story, provided the “open/operable” portion has at least
6’ of clearance from the regulator. Ensure that there is 10’ of separation from any mechanical
air intake, including air conditioning units. The gas regulator will need to be 3-ft or more
separation from the closest corner of any portion of the electric meter base.
• Applicant needs to show proposed meter screening methods for the NWE engineer to review.
If using a screening wall a drawing of the screening wall need to be reviewed and approved
by NWE for underground utility installation under the wall and access for operation and
maintenance lines and equipment.
Screening Wall criteria.
o Gas service cannot penetrate foundation walls that are attached to the building
foundation per the International Fuel Code. Gas riser need to penetrate the building above ground. However, if the foundation is not attached to the building i.e. the
foundation wall is isolated from the building for just supporting the wall, this is
acceptable.
o If this is a free standing foundation wall, a knock-out must be provided that is a min
of 2’x2’ but may be required that the knockout be larger on the electric service
depending on the meter base amperage. Consult NWE for proper sizing of knock-out
o Contact NWE for placement of knock-out to insure that it lines up properly with the
termination location to prevent bends in the gas or electric services.
o Screening must meet the clear zone requirement of NWE Electric Service
Requirements which typically for commercial application is 48” from the face of the electric meter. See meter location comment.
o Gas meter cannot be located in recessed location where it is not open atmosphere
above the meter without approval from NWE.
o Screening cannot consist of rolling doors or other devices that are required to be open to access the meters.
• Transformer location to Building. The location of transformers will be determined by the NWE
Project Engineer. If any of the buildings will be requiring 3 phase power a transformer pad
site should be planned. Typical 3-phase pad is going to be a 7’x7’ pad. For oil filled
transformers a 2-foot clearance is required to non-combustible walls and surfaces that do not
have any openings such as doors, windows, air intake, and fire escapes routes, and meets
current NEC or NFPA requirements for non-combustible material. For transformers 750kVA &
larger a 3-foot 6-inch clearance is required. For both locations, 10-feet of clearance is required
on the front side of the pad where the transformer doors are located. Note, all distances are
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referenced to the edge of the pad. For any combustible surface, not meeting current NEC or
NFPA requirements for non-combustible material, a minimum of a 10-foot clearance is
required. For planting of bushes or shrubs a Minimum Working Space for a Pad-Mounted
Transformer, is 4-feet on the sides and back portion of the concrete pad and 10-feet of
clearance on the front side of the pad where the transformer doors are located. Note, all
distances are referenced to the edge of the pad. The NWE project engineer will help to
determine the appropriate location for the transformer. Due to COVID-19 there has been an
impact on receiving larger three phase and single phase transformers and a longer timeline
may be needed to receive the needed equipment for these services.
• Landscaping. No large, deep rooted trees or bushes will be allowed within the 10-foot utility
easement. No large trees reaching heights of 15-feet or taller will be allowed under any
overhead distribution lines. All other approved landscaping will be placed so as not to
damage, prevent or hinder operation and maintenance of NWE utilities.
• For landscaping, planting of bushes or shrubs a Minimum Working Space for a Pad-Mounted
Transformer is 4-feet on the sides and back portion of the concrete pad and 10-feet of
clearance on the front side of the pad where the transformer doors are located. Note, all
distances are referenced to the edge of the pad.
• Submit an application online to have the NWE project engineer work with the applicant on
easements and location of transformers, service meters and all relocation or removal of
existing utilities. Go to www.northwesternenergy.com/construction to apply online Montana
Construction Application, and access Montana New Service Guide to provide information on
electric and gas service requirements.
These Divisions did not provide comment. Contact reviewers directly with individual questions.
1. Fire Department; Scott Mueller, smueller@bozeman.net, 406-582-2386
2. Forestry Division, Alex Nordquest, anordquest@bozeman.net, 406-582-3205
3. Sustainability Division; Natalie Meyer, nmeyer@bozeman.net, 406-582-2317
4. Water Conservation; Jessica Ahlstrom, jahlstrom@bozeman.net, 406-582-2265
5. Stormwater Division; Adam Oliver, aoliver@bozeman.net, 406-582-2916
6. Water and Sewer Division; John Alston, jalston@bozeman.net, 406-582-3200
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