HomeMy WebLinkAbout04-01-24 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm
B. Disclosures
C. Changes to the Agenda
D. Consent Items
D.1 Urban Farm Phase 2 Preliminary Plat application with a subdivision variance to Section
38.400.010 BMC, to subdivide two lots zoned REMU and B-2M totaling 86.44 acres into a 39
lot major subdivision for residential, commercial, park, and open space uses. Generally
located north of Huffine Lane, south of Fallon Street, and west of Cottonwood Road.
Application 23039 (Quasi-Judicial)(Garber)
E. Public Comments
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, April 1, 2024
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agenda items.
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This is the time to comment on any matter falling within the scope of the Community
Development Board. There will also be time in conjunction with each agenda item for public
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F. Action Items
F.1 Ordinance 2155 to Revise Chapter 38 and 40 of the Bozeman Municipal Code to Include
Required Water Efficient Landscape and Irrigation Performance and Design
Standards(Ahlstrom/Garber)
G. FYI/Discussions
H. Adjournment
comment relating to that item but you may only speak once per topic.
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requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
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Memorandum
REPORT TO:Community Development Board
FROM:Danielle Garber, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Urban Farm Phase 2 Preliminary Plat application with a subdivision variance
to Section 38.400.010 BMC, to subdivide two lots zoned REMU and B-2M
totaling 86.44 acres into a 39 lot major subdivision for residential,
commercial, park, and open space uses. Generally located north of Huffine
Lane, south of Fallon Street, and west of Cottonwood Road. Application
23039 (Quasi-Judicial)
MEETING DATE:April 1, 2024
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION: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 23039 and move for the Community
Development Board in its capacity as the Planning Board to recommend
approval of the subdivision with conditions and subject to all applicable code
provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
The Department of Community Development received a Preliminary Plat
Application on March 3, 2023 requesting to subdivide 86.44 acres to create
thirty-nine (39) lots zoned B-2M (Community Business District - Mixed) and
REMU (Residential Emphasis Mixed Use) including twenty-one (21)
developable lots, eleven (11) open space lots, and seven (7) city park lots
with easements and associated right of way. The underlying growth policy
designation for the subject property is Community Commercial Mixed Use.
On February 23, 2024 the Development Review Committee (DRC) found the
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application sufficient for continued review and recommends the conditions
and code provisions identified in this report. One subdivision variance was
requested with this preliminary plat application to not construct the
portions of Valley Commons Drive and Competition Drive west of Eldorado
Avenue as required by BMC 38.400.010. Based on staff analysis of the
information presented and the subdivision variance criteria in BMC
38.250.080, staff supports approval of the variance request. The applicant
requested and was granted waivers with the pre-application plan review on
August 10, 2022 for agriculture, miscellaneous, and affordable housing.
Please see the staff report for analysis of the remaining review criteria.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 60 working
days from sufficiency, or by May 17, 2024. The City Commission meeting
regarding this subdivision and subdivision variance is scheduled for April 16,
2024.
Materials in the submittal relevant to the Planning Board’s duties include:
Application Documents
Application Drawings
The application documents folder will contain the infrastructure reports
including water, sewer, stormwater, and traffic impacts, as well as
documentation to demonstrate compliance with Chapter 38 including
compliance with adopted standards required in BMC 38.220.060.
The application drawings folder will contain the full plat set, as well as the
overall site plan, proposed landscaping plans, proposed utility and
stormwater designs, and proposed street plans.
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by the board
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of building permit issuance for individual buildings along with City
sewer and water connection fees.
Attachments:
23039 CDB Staff Report.pdf
Report compiled on: March 27, 2024
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Page 1 of 34
23039 Urban Farm Phase 2 Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting - Monday, April 1, 2024 at 6:00 pm.
City Commission hearing will be held Tuesday, April 16, 2024 at 6:00 pm
Project Description: A major preliminary plat subdivision application with a subdivision
variance request to subdivide two lots zoned REMU and B-2M totaling 86.44 acres into a
39 lot major subdivision for residential, commercial, park, and open space uses.
Project Location: Lot R4 of Norton East Ranch Subdivision Phase 4 and the W1/2SE1/4SE1/4
being a Portion of C.O.S. 1005, Located in the South 1/2 of Section 9, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 23039 and move for the Community
Development Board in its capacity as the Planning Board to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 23039 and move to approve the subdivision
and subdivision variance from Section 38.400.010 with conditions and subject to all
applicable code provisions.
Report Date: March 27, 2024
Staff Contact: Danielle Garber, Associate Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer as well. No public comments have been received
as of the writing of this report. Should written public comments be received they will be included
in the City’s Laserfiche archive and available to the public.
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 2 of 34
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on March
3, 2023 requesting to subdivide 86.44 acres to create thirty-nine (39) lots zoned B-2M
(Community Business District - Mixed) and REMU (Residential Emphasis Mixed Use)
including twenty-one (21) developable lots, eleven (11) open space lots, and seven (7) city park
lots with easements and associated right of way.
Proposed land uses for the subdivision are primarily residential with two lots proposed for
commercial uses, and one lot currently proposed as a potential new fire station. Development of
lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the
time of development for REMU and B-2M Zoning.
Seven city park lots are proposed. Three parcels are set aside for a linear park and dog park at the
west side of the property, labeled parks A, B, and C. Three linear park lots are proposed along
Valley Commons Drive labeled D, E, and F, and a central park labeled park G. The eleven open
space lots are proposed to facilitate stormwater retention, pedestrian right-of-way, and
watercourse and wetland buffers.
Four local streets running north-south are proposed as extensions of S. Eldorado Avenue,
Reliance Avenue, Pond Lily Drive, and Water Lily Drive. One new local street, named Betty
Lane, and Water Lily Drive are proposed as right-in/right-out accesses from Huffine Lane. Two
local streets are proposed to run east-west and are extensions of Competition Drive and Valley
Commons Drive. A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are
proposed as non-standard local street sections constructed with back-in angled on-street parking.
Only Competition Drive will connect to the street grid to the east at this time. Valley Commons
Drive is not currently proposed to connect to the existing grid to the east due to surface water,
topography, and adjacent development patterns. The presence of the conservation easement
parcel to the west of the subject property limits the ability to continue these east-west drives
further to the west. One subdivision variance was requested with this preliminary plat application
to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado
Avenue as required by BMC 38.400.010. Based on staff analysis of the information presented
staff supports approval of the variance request per the criteria in BMC 38.250.080. Discussion on
the variance is located in the Streets, Roads and Alleys review criteria under Section 6 below.
The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north-
south through the development and connect Huffine Lane north to Oak Street through existing
residential developments.
The subject property is bound to the east by Baxter Creek and an unnamed ditch and their
associated wetlands. Baxter Creek and the ditch are proposed for realignment. The stream-ditch
formed from a combination of ground and irrigation water will be day-lighted and realigned to
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 3 of 34
connect to Baxter Creek. A re-meandering of Baxter Creek where it has been historically
straightened is also proposed with the removal of cast berms to restore wetland and wetland
function. Water course plantings as trees, shrubs, and native grass seed will be provided for
restoration.
On February 23, 2024 the Development Review Committee (DRC) found the application
sufficient for continued review and recommends the conditions and code provisions identified in
this report.
One subdivision variance was requested. The subdivider did not request any zoning variances
with this application. No phasing or concurrent construction plans were requested with this
application. The applicant will be required to complete all required public infrastructure prior to
final plat approval. The City did not receive any written public comment on the application as of
the writing of this report.
The final decision for this preliminary plat must be made by May 17, 2024. The Community
Development Board acting in their capacity as the Planning Board will consider the application
and provide recommendation on April 1, 2024.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 4 of 34
TABLE OF CONTENTS
EXECUTIVE SUMMARY .........................................................................................................1
Unresolved Issues. ...........................................................................................................2
Project Summary .............................................................................................................2
Alternatives .....................................................................................................................3
SECTION 1 – MAP SERIES ......................................................................................................5
SECTION 2 – REQUESTED VARIANCES ............................................................................. 10
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 10
SECTION 4 – CODE REQUIREMENTS ................................................................................. 12
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 18
SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 18
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 18
Documentation of compliance with adopted standards 38.220.060 ................................. 24
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 29
APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 33
APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 34
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 34
FISCAL EFFECTS ................................................................................................................... 34
ATTACHMENTS ..................................................................................................................... 34
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 5 of 34
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Future Land Use Map
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Page 7 of 34
Exhibit 3 – Preliminary Plat (see all sheets in file)
Exhibit 4 – Overall Site Plan (see all sheets in file)
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Page 8 of 34
Exhibit 5 – Landscaping Plan (see all sheets in file)
Exhibit 6 – Parks and Open Space
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Exhibit 7 – Pedestrian Circulation
Exhibit 8 – Land Use Plan
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 10 of 34
SECTION 2 – REQUESTED VARIANCES
One subdivision variance was requested with this preliminary plat application to not construct
the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as
required by BMC 38.400.010. Based on staff analysis of the information presented and the
subdivision variance criteria in BMC 38.250.080, staff supports approval of the variance request.
Discussion on the variance is located in the Streets, Roads and Alleys review criteria under
Section 6 below.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include one (1) signed reproducible copies on
a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk &
Recorders office has elected to continue the existing medium requirements of 1 mylar
with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder
will file the new Conditions of Approval sheet as the last same sized mylar sheet in the
plat set
2. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,
etc. in the submittal.
3. Simultaneously with filing of the final plat, in conjunction with required or offered
dedications, the subdivider (or owner of the property being subdivided if the owner is not
the subdivider) shall transfer ownership to the property owners’ association of any open
space proposed to be conveyed to the property owners’ association and all its right, title,
and interest in any improvements made to such parkland or open space. For the transfer
of real property, the subdivider or owner of the property shall submit with the application
for final plat a warranty deed or other instrument acceptable to the City Attorney
transferring fee simple ownership to the property owners’ association and associated
realty transfer certificate. The subdivider or owner of the property must record the deed
or instrument at the time of recording of the final plat. For personal property installed
upon open space owned by the property owners’ association, the subdivider shall provide
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 11 of 34
an instrument acceptable to the City Attorney transferring all its rights, title and interest
in such improvements including all applicable warranties to such improvements.
4. The applicant must provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) on City
standard form for the following:
a. Street improvements to Fallon Street between El Dorado Avenue and Cottonwood
Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to El Dorado Avenue between Valley Commons Drive and
Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
c. Street improvements to Reliance Avenue between Valley Commons Drive and
Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
d. Street improvements to Pond Lily Drive between Valley Commons Drive and
Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
e. Street improvements to Water Lily Drive between Huffine Lane and Babcock
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
f. Street improvements to Laurel Parkway between Huffine Lane and Durston Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
g. Street improvements to Babcock Street between Eldorado Avenue and
Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk,
and storm drainage.
h. Intersection improvements at Laurel Parkway and Babcock Street including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
i. Intersection improvements at Fallon Street and Cottonwood Road including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
j. Intersection improvements at Fallon Street and Laurel Parkway including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of the improvements on a fair
share, proportionate basis as determined by square footage of property, taxable
valuation of the property, traffic contribution from the development, or a
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 12 of 34
combination thereof. The applicant must provide a copy of the filed SID waiver
prior to final plat approval.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates. Drafts must be prepared for review and approval by the city. Signed
hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard
templates.
b. The applicant must provide a ten foot utility easement (power, gas,
communication, etc.) along the developments property frontage.
c. The 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.
d. Prior to final plat approval, the applicant must provide a 25-foot trail easement for
the trail along Baxter Creek.
e. Prior to final plat approval, the applicant must provide 25-foot public access
easements for the pedestrian paths proposed through Block 3 Lot 1, Block 7 Lot
1, and Block 7 Lot 1.
f. Prior to final plat approval, the applicant must provide a 10-foot drain tile
easement over the existing drain tile that runs through the property.
g. Prior to final plat approval, the applicant must provide a 5-foot wide public access
easement along Fallon Street.
h. Prior to final plat, the applicant must provide a public drainage easement for all
stormwater facilities located on private property that accept drainage from the
public right-of-way.
i. An agricultural water user’s easement meeting the requirement of 38.410.060.D.1.
must be dedicated with the final plat and notice 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, per 38.410.060.D.6.
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. The developer's professional engineer must certify,
prior to final plat approval, that the water entering and exiting the realigned or
relocated agricultural water user facility is the same quality and amount of water
that entered or exited the facility prior to realignment or relocation.
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3. Sec. 38.360.280 – Agricultural Water User Facilities. The applicant must provide
written notice to all applicable water users and/or agricultural water facility authorized
representatives of the proposed development per BMC 38.360.280.B.1. Please provide
copies of the letters and materials sent to contact.
4. Sec. 38.410.130 - Water Adequacy. Subject to subsections B and C, prior to final
approval by the review authority of development occurring under this chapter or chapter
10, the applicant must offset the entire estimated increase in annual municipal water
demand attributable to the development pursuant to subsection D.
5. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required
permits must be obtained by the applicant and provided to the Community Development
Department prior to construction and final plat approval.
a. For Lot 2 Block 11 where fill is proposed to reduce wetland area for this lot.
The applicant is required to provide the city with state and federal permitting prior
to commencement of any fill and landscaping activities, i.e. the zone 1 and 2
wetland area is a part of the wetland fill so no fill or planting may commence until
a federal Section 404 permit and a DEQ 401 certification is provided to the City
of Bozeman. Where fill exceeds the allowable sketch plan thresholds in BMC
38.230.070.A.3.h a site plan will be required to commence fill activities on the
private lot.
6. Sec. 38.220.060.A.14.a.(5) – Permits From Non-City Agencies Required To Execute
The Proposed Plan. The applicant must include a Non-Commercial Private Fish Pond
License issued by Montana Fish, Wildlife, and Parks with the final Urban Farm Park
Master Plan submitted with final plat application.
7. Sec. 38.220.070 Final Plat. Among others in this section the final plat must contain the
following notations on the conditions of approval sheet.
a. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2
Improvements and securities. The length of time for improvements agreements
for public sidewalks must not exceed one year from the date of final plat
approval.
b. Note 4 must be removed. Zoning is subject to change.
c. The applicant must place on the conditions of approval sheet of the final plat a
note stating "The property owners’ association (Insert Final Property Owners
Association Name as recorded in the CC&Rs) shall be responsible for the
maintenance of all stormwater management facilities located outside of the public
right-of-way."
d. The applicant must place on the conditions of approval sheet of the final plat a
note stating "The property owners association (Insert Final Property Owners’
Association name as recorded in the CC&Rs) must maintain the following streets
including snow removal, pavement maintenance, and all other maintenance
functions of the streets: Betty Lane from Huffine Lane to Valley Commons Drive,
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Water Lily Drive from Huffine to Competition Drive, and Valley Commons Drive
from Water Lily Drive to Betty Lane."
8. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property owners’
association (POA) documents including covenants must be provided with the final plat
prior to being finalized and recorded. The POA documents must include the requirements
of BMC 38.220.300, 310, and 320 where applicable. Additionally based on the provided
documents revise and add the following.
a. Any section that requires construction of sidewalks needs to match the City's one
year requirement for financially guaranteeing sidewalks in BMC 38.270060.D.2.
b. Remove all reference to county permits required to build structures. Building
permits within the proposed subdivision are required through the City of
Bozeman Department of Community Development.
9. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the
certificates on the final plat must follow the language in the corresponding certificates.
Except as indicated below.
a. Where signature for the Director of Public Works is indicated, that must be
changed to the Director of Transportation and Engineering. The Director of Public
Works no longer exists.
b. The City does not accept maintenance responsibility for the streets that are
required to be maintained by the property owners association (Betty Lane from
Huffine Lane to Valley Commons Dr., Water Lily Drive from Huffine Lane to
Competition Drive, and Valley Commons Drive from Water Lily Drive to Betty
Lane). The certificate of dedication must be customized as follows: The lands
included in all streets, avenues, alleys, roads, highways, and parks, or public lands
or other public improvements dedicated to the public for which the city accepts
responsibility for maintenance include (list specific streets, avenues, alleys, roads
highways, and parks or other public lands or other public improvements). Except
the city does not accept responsibility for (list specific streets).
10. Sec. 38.240.530 – Certificate of Water Related Improvements. Any 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.
11. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by
Developer and Property Owners’ Association.
a. The subdivisions stormwater maintenance plan must clearly state the following
condition. "The property owners association (Insert Final Property Owners
Association Name as recorded in the CC&Rs) shall be responsible for the
maintenance of all stormwater management facilities located outside of the public
right-of-way." The approved stormwater plan must be incorporated into the
property owners’ association documents and a copy of the documents
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23039 Staff Report for Urban Farm Phase 2 Subdivision Page 15 of 34
demonstrating the inclusion of the stormwater maintenance plan must be provided
prior to final plat approval.
b. The applicant must provide a maintenance plan for the dewatering system
including the maintenance plan in the property owners’ association documents
prior to final plat approval. The plan must include the long-term maintenance
instructions for the Properties Owners’ Association.
c. All common open space lots must be developed prior to final plat approval. This
includes landscaping, irrigation, walkways, stormwater facilities, and any other
facilities located in common open space lots detailed in the preliminary plat
application. No landscaping details for the following open space parcels was
provided and is required with final plat application:
i. Block 1, open space I
ii. Block 3, open space A
iii. Block 6, open space B
iv. Block 8, open space C
v. Block 5, open space J
vi. Block 12, open space H
12. Sec. 38.400.020.A.2 – Privately Maintained Streets. The applicant must provide the
following items per this section.
a. Permanent funding source, such as the levying of assessments against all
properties within the development, for street maintenance is established and the
funding levels will be adequate for all future street maintenance; and
b. The developer signs a perpetual legal instrument, acknowledging that the city will
not assume dedication and/or maintenance of the streets unless the street is
brought up to city standards, or the property owners' have agreed to an assessment
to fund improvements required to bring the street up to city standards. The
developer must record the legal instrument, at the time of final plat recordation, or
prior to issuance of building permits if no final plat recordation is required.
c. The developer must execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising from approval of an alternative
street cross section under this section.
d. Documented proof of adequate funding and scheduling for maintenance of all
privately maintained public streets, must be provided, subject to section
38.270.090.
13. Sec. 38.400.060 – Street Improvement Standards.
a. The transportation impact study (TIS) presented by the applicant indicates that a
signal will be warranted at the intersection of Huffine Lane and Laurel Parkway.
Prior to final plat approval, the intersection of Huffine Lane and Laurel Parkway
must be improved to either a signalized intersection or roundabout or subject to
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conditions from the Montana Department of Transportation for timing of
intersection construction.
b. The applicant has indicated in the submitted TIS that the Fallon Street and
Cottonwood Road intersection will fall below the level of service requirements
defined in this section and will require improvements. The applicant also analyzed
the intersection with three-quarter access control on Fallon Street and determined
that an acceptable level of service could be maintained with these improvements.
Prior to final plat approval, the applicant must install intersection improvements at
the Fallon Street and Cottonwood Road intersection including three-quarter
access control and pedestrian hybrid beacons.
c. Prior to final plat approval, the applicant must install right turn deceleration lanes
on Huffine Lane at the following intersections if warranted by MDT: Huffine
Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water
Lily Drive.
14. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant
must construct the shared use path along Huffine from the western property boundary to
Cottonwood Road.
15. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting
district (SILD) information shall be submitted to the City and the district formed after
preliminary plat approval in hard copy and digital form. Any final plat application will
not be deemed complete until the resolution to create the SILD has been approved by the
City Commission. The initial adoption of the special improvement lighting district shall
include the entire area of the preliminary plat. The approval to create or annex to an
existing SILD shall be granted prior to Final Plat Approval.
16. Sec. 38.410.040 – Blocks. All pedestrian access easements used to mitigate block length
must be developed with landscaping and walkways prior to final plat approval and not
deferred to adjacent property owners.
17. Sec. 38.410.070.A. – Municipal Water, Sanitary Sewer, and Storm Sewer System.
a. The 2017 Water Facility Plan Update identifies the need for a pressure reducing
valve to be installed on the boundary of the West Pressure Zone and East Pressure
Zone. Prior to final plat approval, the applicant must install a pressure reducing
valve at the pressure zone boundary on the south side of Huffine Lane.
b. The 2017 Water Facility Plan Update identifies the need for a 16-inch water main
to be installed along Huffine Lane. Prior to final plat approval, the applicant must
install a 16-inch water main along Huffine Lane from Advance Drive to Laurel
Parkway.
c. The 2017 Water Facility Plan Update identifies the need for a 12-inch water main
to be installed along Laurel Parkway from the 16-inch water main along Huffine
Lane to the existing 12-inch water main just south of Fallon Street. Prior to final
plat approval, the applicant must install a 12-inch water main along Laurel
Parkway from the 16-inch water main along Huffine Lane to the existing 12-inch
water main just south of Fallon Street.
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d. The development is located in the service area of the Norton Ranch Lift Station.
The proposed sewer flows from the development were not included in the
capacity generated by the latest upgrades to the lift station. The Norton Ranch Lift
Station and associated force main must be upgraded to handle the flow demands
generated by the development. Prior to Final Plat approval, the necessary
upgrades to the Norton Ranch Lift Station and associated piping must be installed
by the applicant and accepted by the City.
18. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of
land dedication, and Sec. 38.420.080 – Park Development.
a. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash-in-lieu
value established at time of final plat approval. The applicant must update the
parkland tracking table to reflect the appraisal value in effect at the time of final
plat application.
b. A final park master plan and construction drawings are required prior to
requesting a preconstruction meeting and commencing park construction.
c. A preconstruction meeting with the Park Division is required prior to any site
work. Applicants must provide the most recent park plans with revisions red-lined
and request meeting at least 30 days prior to commencement of parkland
construction.
d. Applicant has proposed to utilize Central Park Pond as a fishing pond. Parks
Department preliminary supports proposed use provided applicant meets all
related code conditions and conditions of approval. Final use of the park and park
facilities are determined by the review authority.
e. The following notes must be added final plat: Snow removal from sidewalks
within parks that serve as primary egress from private lots is the responsibility of
the property owners’ association
f. 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.
19. Sec. 38.420.080.A. – Park Development.
a. Final park master plan must include a fisheries plan that includes detailed design,
construction, and maintenance plans for Central Park Pond, drafted or certified by
a professional fish biologist or qualified private fishery consultant. The plan
should generally conform to the recommendations published by Montana Fish,
Wildlife & Parks in “A Guide to Building and Managing Private Fish Ponds in
Montana.”
b. Fisheries plan must include an analysis on water supply in terms of volume,
quality and availability, impact on instream flows and fisheries, proposed depth
and surface area, water exchange needed to balance the oxygen and nutrient levels
in the pond, and vegetation/habitat plan.
c. Central Park Pond must be designed and constructed to ensure the pond does not
exceed an annual water use of 2.34 acre feet/year.
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20. Sec. 38.270.050.A.2 – Acceptance of improvements. During construction, if
groundwater is found to be at levels exceeding what is described in the drainage report
and limits the functionality of the stormwater infrastructure the City will not accept the
stormwater infrastructure. If the stormwater infrastructure requires significant redesign it
may be considered a material modification from the preliminary plat and require re-
review and approval of the preliminary plat.
21. Sec. 38.410.130 and Sec. 38.420.080.A.2 – Water Adequacy and Park Development.
Central Park Pond must be designed and constructed to ensure the pond does not exceed
an annual water use of 2.34 acre feet/year. All irrigation wells located within the
boundaries of the development shall include Montana DNRC certificates which shall be
provided to the City with the final plat submittal. Ownership of any well and associated
water right within common open space owned by the property owners’ association shall
be transferred to the property owners’ association in conjunction with the final plat.
Ownership of any well, irrigation infrastructure and associated water right providing
irrigation to public lands shall be transferred to the City in conjunction with the final plat.
The developer must provide easements necessary to allow for the reasonable operation
and maintenance of this infrastructure. All wells shall include a meter or other device to
determine consumption.
22. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of
initial development install drought tolerant landscaping, boulevard trees and an irrigation
system when required in city rights-of-way boulevard strips and medians along all
collector or arterial streets and all streets adjacent to parks or open space areas.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on January 3, 2023.
Planning Board meeting will be held Monday, April 1, 2024 at 6:00 pm.
City Commission meeting will be held Tuesday, April 16, 2024 at 6:00 pm.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public hearings were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request. Review of this subdivision was conducted under
the terms of 76-3-616 MCA as authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on March
2, 2023. The DRC reviewed the preliminary plat application and determined the submittal did
not contained detailed, supporting information that was sufficient to allow for the continued
review of the proposed subdivision.
A revised application was received on July 12, 2023. The DRC determined the application was
still not adequate for continued review.
A revised application was received on November 22, 2023. The DRC determined the application
was still not adequate for continued review.
A revised application was received on January 26, 2024. The DRC determined the application
was adequate for continued review February 23, 2024 and recommended conditions of approval
and code corrections for the staff report.
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The applicant posted public notice on the subject property on March 8, 2024. The applicant sent
public notice to all landowners of record within 200-feet of the subject property via first class
mail, on March 8, 2024. No public comment had been received on this application as of the
writing of this report.
On March 27, 2024 this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
Water/sewer – The subdivision will not significantly burden city water and sewer infrastructure
with the recommended conditions of approval and code provisions. The required design report
has been provided. Formal plans and specifications will be prepared and reviewed after action on
the preliminary plat. Code provision 17 contains requirements for the water, sanitary sewer, and
storm sewer systems. 17a requires the applicant to install a pressure reducing valve at the
boundary between the West and South pressure zones per the 2017 Water Facility Plan Update to
minimize unneeded excessive pressure in the water system. 17b requires the applicant to install a
16-inch water main along Huffine Lane from Advance Drive to Laurel Parkway as shown in the
2017 Water Facility Plan Update. This provision will ensure adequate service can be provided to
this and future developments in the area. . 17c requires a 12-inch water main be installed along
Laurel Parkway to match demand requirements outlined in the 2017 Water Facility Plan Update.
To ensure adequate sewer capacity, the applicant is required per code provision 17d to upgrade
the North Ranch Lift Station and associated force main to handle flow demands generated by the
development. Code provision 4 requires the applicant offset estimated water demand prior to
final plat approval per subsection D of BMC 38.410.130. Per this section the application may
either transfer water rights into city ownership that are appurtenant to the land being developed
or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established
by the most recent City Commission resolution, or a combination of both.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 2 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities will be
located within dedicated street right of ways. Additional required easements include a 25-foot trail
easement for the trail along Baxter Creek to ensure availability of public use and connection to the
larger park and trail system, public drainage easements for all stormwater facilities located on
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private property, and an agricultural water users easement to ensure maintenance access from all
downstream agricultural water users. All easements must be provided using the City’s standard
language.
Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be
granted with the final plat in accordance with standards.
Parks – The applicant proposes to meet Park and Recreation requirements through a
combination of parkland dedication and improvements-in-lieu of dedication. Park and Recreation
requirements using a net residential land area of 48.16 acres and maximum dedication of 12
dwelling units per acre (8 du as land dedication and 4 du as CILP/ILLP) result in an initial
requirement of 11.56 acres of land dedication with an additional 5.78 acres of land equivalent as
cash-in-lieu/improvements-in-lieu. Applicant proposes 6.77 acres of parkland dedication with
10.57 acres of land equivalent as improvements-in-lieu. Proposed parkland dedication consists of
four parkland areas; two linear parks, an area for an off-leash dog park, and main central park
area, as shown on Sheet L101 and the Urban Farms Phase 2 park master plan. The West Linear
Park is a narrow section of linear park separating and buffering the western property boundary of
the subdivision and adjacent property, which is currently under conservation easement. The West
Linear Park includes a new section of shared-use path that will expand an existing north-south
shared-use path and provides a key section for future connection to Huffine Lane. The Valley
Commons Linear Park connects the West Linear Park area with the Central Park and east half of
the subdivision. The Urban Farm Dog Park is an off-leash dog park including a fenced area with
two, separate play zones. Central Park will serve as the main neighborhood park for the
subdivision, consisting of open recreation space, a playground, pathways, and a fishing pond.
In response to Commission Resolution 4784, the applicant cited preference of the developer to
use the cash obligation for investment into improvements to proposed parkland as justification
for CILP/IILP. Improvements-in-lieu include playground equipment, fencing and amenities for
the dog park, pathways and trails, benches and picnic tables, and construction of a 2.34 acre/ft.
fishing pond. The proposed fishing pond will be a constructed and lined pond, approximately
17,000 square feet in surface area and maximum depth of 12 feet. Water for the pond will be
supplied by an exempt groundwater well that also provides irrigation for adjacent parkland.
Stocking of the pond with fish, along with all associated maintenance and costs is the
responsibility of Urban Farm Property Association.
In regard to the proposed fishing pond, staff received a response from Montana Fish, Wildlife &
Parks (FWP), dated September 5, 2023, stating that “We generally do not support the idea of
ponds since we typically end up with a variety of illegally introduced species being transferred to
and from any new ponds especially those open to the public. Ponds also typically lead to water
quality issues such as increased water temperatures and nutrients. Algae is often a problem that
leads owners wanting to apply chemicals to the water to mitigate the issue. With the increasing
demands on our water supply. We would be better off eliminating any unnecessary uses that will
further degrade the resource. Should you client decide to pursue a pond despite our
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recommendation, Alex has a ton of experience with our pond permitting process and knows
exactly what you need for screening and water rights to obtain a stocking permit from FWP.” In
response to FWP’s comments, the applicant submitted a response dated January 6, 2024 from
Alex Fox, Pond and Stream Consulting, Inc., acknowledging FWP’s concerns and providing
proposed mitigation strategies including obtaining proper FWP permits, pond design
considerations, and construction and maintenance requirements.
There are code provisions, listed as code provisions 6, 18, 19, and 21, related to non-city permit
requirements, parkland use, cash donation and infrastructure donation in lieu of land dedication,
and park development. Code provision 6 requires the applicant to submit a Non-Commercial
Private Fish Pond License prior to construction of the pond. This provision allows the applicant
to proceed to preliminary plat approval while confirming fisheries requirements and ensures park
and recreation requirements are satisfied. Provision 18.a requires the applicant to update the
CILP value accordingly at final plat application. This provision ensures the CILP values is based
on the most recent up to date evaluation. 18.b requires a final park master plan and construction
drawings prior to requesting a preconstruction meeting. 18.c requires a preconstruction meeting
with the Parks Division prior to commencement of parkland construction. These two provisions
will help the applicant to follow the correct construction process with the City. Provision 18.d
requires that all related pond conditions be satisfied prior to stocking with fish. This provision
ensures that final park use is determined by and the decision of the review authority. Provision
18.e requires a note on the plat that the property owners’ association is responsible for snow
removal where lots will front on the park and primary egress from private lots will be within the
park. This provision ensures maintenance of lot frontage sidewalks does not become a burden to
the Parks Department. Provision 18.f requires that easements for trails located within open space
parcels must include the city-wide wayfinding signage and allow Parks staff to install and/or
repair wayfinding signs. This provision will help connect the proposed trails to city wide park
infrastructure with consistent signage and directions for users. Provision 19.a requires the
applicant to include a fisheries plan with the final park master plan and Provision 19.b provides a
minimum standard for fisheries information required for submission. These provisions allow the
applicant to proceed to preliminary plat approval while confirming final pond requirements and
construction plans. This ensures viable pond and fisheries plans are reviewed before construction
begins and ensures minimum professional standards are maintained during the planning,
construction, and maintenance of the pond. Provision 19.c and 21 requires Central Park Pond be
designed and constructed to a max volume of 2.34 acre/ft and to provide irrigation supply
information. These provisions ensure the pond and park irrigation systems have water supplies
legally and physically adequate to meet the pond and irrigation demands. The proposal meets the
required park dedication and improvement standards with conditions and code provisions. The
Parks Department reviewed the parkland proposal for consistency with the park master plan for
Urban + Farms Phase 1 and adjacent park master plans and area sub-plans.
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Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code and design standards Code provision 11 details required development or
maintenance of common areas and facilities to be maintained by the property owners’
association. 11a requires the property owners’ association to maintain all stormwater facilities
outside of the public right-of-way and incorporate a maintenance plan into the association
documents prior to final plat approval. This will ensure the proper maintenance of necessary
stormwater infrastructure as the subdivision is developed and occupied. An associated plat note
is required in code provision 7c to notify future property owners of the property owners’
association requirements for ongoing maintenance of these stormwater facilities.
Agricultural water user facility – The applicant provided documentation of downstream
agricultural water users and notification provided to those users with this preliminary plat
application. Baxter Creek is the primary facility to be impacted with this application that is
linked to agricultural water use including Farmers Canal shares. The Board of Directors for
Farmers Canal was provided notification of the proposed impacts to Baxter Creek including the
realignment of the stream-ditch to flow into the creek and a site visit was conducted with one
impacted user. An agricultural water user’s easement must be provided per code provision 2.i.
The easements must be prepared as documents separate from the final plat but may be referenced
on the final plat. The developer's professional engineer must certify, prior to final plat approval,
that the water entering and exiting the realigned or relocated agricultural water user facility is the
same quality and amount of water that entered or exited the facility prior to realignment or
relocation.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary address will be provided to enable 911 response
to individual parcels prior to recording of the final plat. Fire protection standards require
installation of fire hydrants at designated spacing to ensure adequate protection.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement 2 requires that all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. Public utilities are generally
located within dedicated street right of ways.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets.
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Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on August 10, 2022 and no variances were requested. Waivers were granted with this pre-
application for documentation review of agriculture, agricultural water user facilities,
miscellaneous, and affordable housing. During review of this preliminary plat application it was
discovered that the waiver for agricultural water user facilities was granted in error based on
incomplete information provided at the time of pre-application submittal. The applicant then
provided the required for agricultural water user facilities with this applications. See further
discussion under primary review criteria above.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
The subject property is bound to east by Baxter Creek and an unnamed stream-ditch, as classified
by the Gallatin County Conservation District, and their associated wetlands. Baxter Creek and
the stream-ditch, which both contain water year round, are proposed for realignment. Two
wetland delineations dated October 2020 and December 2022 were provided and reviewed by
the city’s wetland consultant TerraQuatic. The stream-ditch formed from a combination of
ground and irrigation water will be day-lighted and realigned to connect to Baxter Creek. Baxter
Creek is a tributary to Aajker Creek, which connects to Hyalite Creek, a tributary of the East
Gallatin River north of Belgrade. Baxter Creek us considered “waters of the U.S.” and
jurisdictional according to a letter provided by the Army Corps of Engineers dated April 19,
2022 and provided in the application. Wetlands associated with the stream-ditch are connected to
the Baxter Creek wetlands and also considered jurisdictional, although a result of a man-made
conditions related to agriculture. A re-meandering of Baxter Creek where it has been historically
straightened is also proposed with the removal of cast berms to restore wetland and wetland
function.
TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and
watercourse information presented in a letter provided to the applicant dated April 6, 2023.
Those corrections included moving the re-aligned stream-ditch further north of the Huffine Lane
right-of-way to allow for room for the required shared use path along Huffine Lane to be placed
in the appropriate section of zone 2 of the 50-foot watercourse setback. A revised proposal from
the applicant included in the application packet shows the ditch now provided in two open space
parcels, Open Space G Block 13 and Open space F Block 12 with appropriate setbacks from the
stream-ditch and restoration plantings. The stream-ditch had previously flowed north and
eventually disappeared underground. The realignment of the ditch to release into Baxter Creek is
seen as a positive as it will increase water flow into that watercourse system, and daylighting the
ditch will add channel that reestablishes wetland vegetation and stream health. Water course
plantings as trees, shrubs, and native grass seed will be provided for restoration and meet BMC
38.410.100. An updated letter from TerraQuatic was provided to the applicant dated June 30,
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2023 regarding the relocated channel and setback zones. The recommendation within the letter
was that the proposed channel location and its north and south setback locations follow the City
of Bozeman’s aquatic resource regulations. With the additional recommendation that the city
should acquire all copies of aquatic resources permits.
The wetland impacts, which total 3.99 of the total 6.93 acres are both partially man-made, and
jurisdictional and under the purview of the U.S. Army Corps of Engineers. Code provision 4
requires the applicant obtain required permits from the Gallatin County Conservation District,
Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers
regarding the proposed project. These permits must be provided prior to final plat approval.
Code provision 4a requires permits to be provided prior to any fill or landscaping activities in
Lot 2 Block 11. Wetlands within this parcel are proposed to be filled and plantings provided that
reflect the new, post-fill, location of the required watercourse and wetlands setbacks. Because the
final location of wetlands and wetlands setbacks within and adjacent to this parcel reflects a
modified condition outside of the existing natural location and setbacks provided within an open
space parcel, the applicant must provide appropriate permits prior to commencing any fill
activities. If the fill exceeds the allowable sketch plan thresholds in BMC 38.230.070.A.3 a site
plan application will be required to place the fill on the private lot.
38.220.060.A.2 - Floodplains
A flood hazard evaluation report completed by Hyalite Engineers, stamped and signed by a
professional engineer, was provided in the application documents and is dated November, 2023.
The report details a study completed of the 100-year floodplain on Baxter Creek at the east side
of the property against the existing and proposed conditions of this subdivision at full build out.
The resulting flood hazards were evaluated by the Engineering Division against code
requirements contained in BMC 38.600. The resulting hazard was found to meet BMC
38.600.050. No land deemed to be subject to flooding is proposed to be developed for new
buildings.
38.220.060.A.3 - Groundwater
A geotechnical site evaluation was completed in April of 2021 and included eight test pits across
the entire Urban Farm Phase 2 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 3 on the plat prohibits use of basements or crawl
spaces unless a professional engineer certifies that the structure has been designed in such a way
to accommodate seasonal high groundwater. This requirement will protect both future structure
owners from future hazards of flooding and lessen burden on the public from illicit discharges.
Code provision 20 is related to high groundwater and stormwater infrastructure.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
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38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known critical habitats on
the property. The property is bound by Huffine Lane/US-191 to the south, agricultural uses to the
west, subdivided residential development to the north, and subdivided commercial development
to the east. The aquatic resources on the property have been impacted by agricultural crop
production and grazing. The applicant provided a report from the U.S Fish and Wildlife
Service’s Information for Planning and Consultation website.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The subject property is designated as community
commercial mixed use according to the 2020 Bozeman Community Plan. The area is zoned for
residential, commercial, and mixed uses under the REMU and B-2M zoning designations. The
site is historically used for grazing and irrigated crops, but no significant agricultural uses still
exist on the site.
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above under primary review criteria.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. Also see discussion above.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development and the existing neighborhoods by
completing the street grid in the area with conditions and code provisions. Four local streets
running north-south are proposed as extensions of S. Eldorado Avenue, Reliance Avenue, Pond
Lily Drive, and Water Lily Drive. One new local street named Betty Lane, and Water Lily Drive
are proposed as right-in/right-out accesses from Huffine Lane.
Two local streets are proposed to run east-west and are extensions of Competition Drive and
Valley Commons Drive. Only Competition Drive will connect to the street grid to the east at this
time. Valley Commons Drive is not currently proposed to connect to the existing grid to the east
due to surface water and topography issues and a lack of connection from the adjacent property’s
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street grid. BMC 38.400.010 requires connection to developed areas when necessary for the
convenient movement of traffic, effective provision of emergency services, and efficient
provision of utilities. However, since connection to Valley Commons Drive to the east is
currently blocked by existing buildings, wetlands, and a watercourse, the City Engineer
determined that a connection was not necessary at this time.
The presence of the conservation easement parcel to the west of the subject property, and the
continuation of a park system from the north limits the ability to continue these east-west drives
further to the west. The applicant submitted a variance to not construct the portions of Valley
Commons Drive and Competition Drive west of Eldorado Avenue but still provide the platted
rights-of-way. BMC 38.400.010 requires streets and alleys to be constructed to the boundary line
of the tract to be developed when the tract adjoins undeveloped land and access to the
undeveloped land would reasonably pass through the new development. The City Engineer has
determined that it is unreasonable to construct these portions of Valley Commons Drive and
Competition Drive because of the conservation easement on the property to the west of the
development. Due to the long-term nature of the conservation easement, the portions of street in
question would not be utilized for a long time and the City would incur maintenance liability on
streets that are not utilized. The City Engineer supports the submitted variance to build these
portions of Valley Commons Drive and Competition Drive because the long-term nature of the
conservation easement prevents street utilization during the term on the easement. Due to the
hardship related to the conservation easement, staff finds the requested variance meets the
subdivision variance criteria in BMC 38.250.080.B.2 for specific cases related to physical
surroundings, shape, or topographical conditions of the property. The City Engineer also
supports providing the rights-of-way because the rights-of-way will provide access and
connection to this development in the case that the conservation easement is terminated and the
property to the west is developed. The provided rights-of-way without the physical construction
of the streets themselves at this time ensure that the subdivision will not be detrimental in public,
health safety, or general welfare and will not place the subdivision in nonconformance with other
provisions of Chapter 38 because the future rights-of-way may be connected if development on
the parcel to the west occurs which meets the connectivity standards located in Articles 4 and 5
of Chapter 38.
A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are proposed as non-
standard local street sections constructed with back-in angled on-street parking. Code provision
7.d requires a note on the plat to provide notification to future land owners that the property
owners’ association is responsible for maintenance of non-standard local streets as described
above. Code provision 9.b requires the certificate of dedication on the plat to be customized to
read that the city does not accept maintenance responsibility for the non-standard local streets.
The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north-
south through the development and connect Huffine Lane north to Oak Street through existing
residential developments.
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A Traffic Impact Study (TIS) was provided and evaluated by the reviewing engineer for
compliance with adopted design standards and code requirements. Code provision 13 is related
to street improvement standards. Based on the TIS review 13a requires the proposed intersection
of Laurel Parkway and Huffine Lane to be either signalized or developed as a roundabout subject
to Montana Department of Transportation (MDT) review and approval. Based on the TIS review,
code provision 13b states the applicant must install intersection improvements at the Fallon
Street and Cottonwood Road intersection including three-quarter access control and pedestrian
hybrid beacons prior to final plat approval. Code provision 13c requires the applicant install right
turn deceleration lanes on Huffine Lane at the following intersections if warranted by MDT:
Huffine Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water Lily
Drive. These code provisions are required to offset traffic impacts to the transportation grid prior
to final plat approval.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service connections from Northwestern Energy
and Yellowstone Fiber for the proposed subdivision. These responses are provided in the
application documents.
38.220.060.A.13 - Land Use
The application has provided future land use data consistent with the REMU and B-2M zoning
districts. No specific proposed uses have been provided at this time, but the applicant has
provided a land use map showing proposed residential use areas, commercial use areas, and
parkland and open space areas. No 1-4 household lots subject to sketch plan review are proposed
with the application. Subsequent development of individual lots will be subject to site plan
review prior to any building permit issuance. See discussion in Appendix A regarding zoning.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will provide new parkland, and cash or improvements-in-lieu of
parkland dedication. The proposal meets the required park dedication and improvement
standards with conditions and code provisions. The Parks Department reviewed the parkland
proposal also see the discussion above.
38.220.060.A.15 - Neighborhood Center Plan
To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size
or greater, must have a neighborhood center. The neighborhood center proposed for this
subdivision is the central park, Block 9 Park G on the plat. This park is located within 600 feet
from the geographic center point of the development. The park is proposed with street frontage
on 3 sides which meets the 50-100% frontage requirement. Direct pedestrian access to the park is
available via trail connections through the linear park to the west and sidewalk and trail
connections from the creek side open space to the east, as well as the street and sidewalk
network. The neighborhood center is also located nearby the two parcels proposed for
commercial development
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38.220.060.A.16 - Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications. A Special Improvement Lighting District (SILD) must be
created prior to final plat application. Code provision 15 is related to this issue.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The majority of the property is zoned B-2M, Community Business District – Mixed. The intent
of the B-2M district is to function as a vibrant mixed-use district that accommodates substantial
growth and enhances the character of the city. This district provides for a range of commercial
uses that serve both the immediate area and the broader trade area and encourages the integration
of multi-household residential as a secondary use. Design standards emphasizing pedestrian
oriented design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit. The applicant has indicated the
majority of the subdivision, with the exception of Blocks 12 and 13 will be developed as
primarily residential uses. B-2M allows apartments, apartment buildings, townhouses,
rowhouses, live-work units, ground floor residential, and a variety of group residential uses. No
1-4 household lots subject to sketch plan review are proposed with the application. Subsequent
development of individual lots will be subject to site plan review prior to any building permit
issuance. The proposed subdivision meets the intent of this zoning designation by providing
development adjacent to a major arterial corridor, with potential future transit stops and a
commercial node. Pedestrian facilities are proposed with the shared use path along Huffine, the
two linear parks, and the enhancement of the Baxter Creek corridor with plantings and trail
connections to the wider park and trail network.
A portion of the subject property is zoned REMU, Residential Emphasis Mixed Use. The intent
of the REMU district he intent and purpose of the REMU district is to establish areas within
Bozeman that are mixed-use in character and to provide options for a variety of housing,
employment, retail and neighborhood service opportunities within a new or existing
neighborhood. These purposes are accomplished by:
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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;
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e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and
a wider range of housing types. The proposed subdivision is appropriate for this zone because of
the proposed pedestrian amenities, enhancement of the natural environment, and the
development of a large central park adjacent to a commercial node. While some of these design
elements are outside of the REMU zoned area they will help foster a sense of place unique to the
new neighborhood.
Portions of Block 1 and Block 5 of the proposed subdivision are located within REMU zoning.
Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or
equal to five acres in size prior to development. However, due to the relatively small size of the
REMU zoned area, staff supported waiving the master site plan requirement. REMU zoned
properties will still be required to meet all zoning criteria for this district intended to achieve the
purpose of the district described above including but not limited to BMC 38.310.060 –
Supplemental use provisions, and BMC 38.330.020 – REMU district special standards.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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The subject property is designated as Community Commercial Mixed Use. The Community
Commercial Mixed Use category promotes commercial areas necessary for economic health and
vibrancy. This includes professional and personal services, retail, education, health services,
offices, public administration, and tourism establishments. Density is expected to be higher than
it is currently in most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The urban character
expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities. High density residential areas are expected in close
proximity. Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and non-
automotive routes. Due to past development patterns, there are also areas along major streets
where this category is organized as a corridor rather than a center. Although a broad range of
uses may be appropriate in both types of locations, the size and scale is to be smaller within the
local service areas. Building and site designs made to support easy reuse of the building and site
over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly
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manner and should not be overly dominated by any single use. Higher intensity uses are
encouraged in the core of the area or adjacent to significant streets and intersections. Building
height or other methods of transition may be required for compatibility with adjacent
development. Smaller neighborhood scale areas are intended to provide local service to an area
of approximately one half-mile to one mile radius as well as passersby. These smaller centers
support and help give identity to neighborhoods by providing a visible and distinct focal point as
well as employment and services. Densities of nearby homes needed to support this scale are an
average of 14 to 22 dwellings per net acre.
This proposed subdivision is well-suited to implement the Community Commercial Mixed Use
designation by providing residential and commercial development along a busy arterial corridor
and extending a Collector street, Laurel Parkway, to Huffine Lane to create an intersection
quadrant integrated with pedestrian and transit amenities. The proposed subdivision is also
planning pedestrian amenities across the park, trail, and open space system that will frame the
commercial uses and provide opportunities for plaza development. Density and individual uses
will be evaluated at the time of development against the REMU and B-2M zoning requirements.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1 Support well-planned, walkable neighborhoods.
N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities
that can be sustained over time. Maintain standards for placement of community focal points and
services with new development.
N-1.9 Ensure multimodal connections between adjacent developments.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog
owners.
DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options.
DCD 2.2 Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Cushing Terrell, 411 E. Main Street 101,
Bozeman, MT 59715, representing owner Laurel Parkway LLC, 11 Lone Peak Drive STE 201,
Big Sky, MT 59716.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420, The City scheduled public notice for this application on March 8,
2024. The applicant posted public notice on the subject property on March 8, 2024. The City
sent public notice to physically adjacent landowners of record within 200-feet of the subject
property via first class mail on March 8, 2024.
No public comment has been received as of the writing of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Laurel Parkway LLC, 11 Lone Peak Drive STE 201, Big Sky, MT 59716
Applicant: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715
Representative: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715
Report By: Danielle Garber, Associate Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time, but will include increased property tax revenues
from new development, along with increased costs to deliver municipal services to the property.
Impact fees will be collected at the time of building permit issuance for individual buildings
along with City sewer and water connection fees.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal, select the “Project Documents Folder” link and navigate to application 23039.
Project documents are available at this direct link to the public Laserfiche archive for application
23039 with direct links to individual documents provided below:
Urban Farm Phase 2 Preliminary Plat
Overall Site Plan
Overall Landscape Plan
West Linear & Dog Park Landscape Plan
Valley Commons Linear Park Landscape Plan
Central Park Landscape Plan
Baxter Creek North Landscape Plan
Baxter Creek South Landscape Plan
Huffine Ditch Landscape Plan
Urban Farm Phase 2 Narrative
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Memorandum
REPORT TO:Community Development Board
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Shawn Kohtz, Director of Utilities
Danielle Garber, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2155 to Revise Chapter 38 and 40 of the Bozeman Municipal Code
to Include Required Water Efficient Landscape and Irrigation Performance
and Design Standards
MEETING DATE:April 1, 2024
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Community Development Board Recommended Motion: Having reviewed
and considered the staff report, draft ordinance, public comment, and all
information presented, I hereby adopt the findings presented in the staff
report for application 23343 and move to recommend approval of Ordinance
2155.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:
On February 15, 2022, the City Commission held a work session to consider
water efficient landscape and irrigation performance and design standards
(standards) for new development to help ensure Bozeman maintains an
adequate water supply. The City Commission directed staff to develop water
efficient landscaping standards that represent a best-in-class extensive and
proactive set of standards resulting in the greatest water savings. Standards
were developed by reviewing national and supply-constrained western state
standards, considering the financial impacts of the standards, analyzing
Bozeman’s water use trends and achievable savings through the
implementation of various standards, and engaging with community
members.
The ordinance, if adopted as proposed, will help Bozeman achieve
sustainable growth and further the water conservation goals and priorities
outlined in the 2013 Integrated Water Resources Plan and 2023 Water
Conservation and Efficiency Plan. For more information see the Executive
39
Summary and Appendix A in the attached staff report. The proposed
landscape and irrigation standards will only apply to new development
projects. None of the proposed standards will require existing landscaping
and irrigation to be retrofitted.
Project documents are available at this direct link to the public Laserfiche
archive for application 23343 with direct links to individual documents
provided below:
Draft Ordinance 2155 Water Efficient Landscape Ordinance. Contains the
proposed language for the Chapter 38 and Chapter 40 amendments.
Resolution 5586 – City of Bozeman Landscape and Irrigation Performance
and Design Standards Manual. Contains the resolution language adopting
the Manual, and draft manual.
Additional materials are also available on the Water Conservation website
page for the proposed standards.
UNRESOLVED ISSUES:None.
ALTERNATIVES:See attached staff report.
FISCAL EFFECTS:None.
Attachments:
23343 Staff Report for the City of Bozeman Water Efficient
Landscape Ordinance 2155
Report compiled on: March 28, 2024
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Page 1 of 27
23343 Staff Report for the City of Bozeman Water Efficient Landscape
Ordinance, Ordinance 2155
Public Hearings:
Community Development Board – April 1, 2024
City Commission – April 23, 2024
Project Description: Amend the Bozeman Municipal Code (BMC) Chapter 38 to include
regulation of landscape and irrigation design and performance to reduce the City’s
outdoor water use.
Project Location: Revisions to the text are applicable city-wide in all zoning districts and
in new developments per Chapter 38 – Unified Development Code (UDC).
Recommendation: Meets applicable criteria for approval.
Community Development Board Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 23343 and move to
recommend approval of Ordinance 2155.
City Commission Recommended Motion: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 23343, and move to provisionally adopt
Ordinance 2155.
Report: March 28, 2024
Staff Contact: Jessica Ahlstrom, Water Conservation Program Manager
Danielle Garber, Senior Planner
Agenda Item Type: Action – Legislative
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................3
Project Summary .............................................................................................................3
Unresolved Issues ............................................................................................................4
Public Comment ..............................................................................................................4
Community Development Board......................................................................................4
Alternatives .....................................................................................................................4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING .....5
Section 76-2-304, MCA Zoning Regulations Criteria (A-K) ............................................5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................ 12
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS -
SUBDIVISION ................................................................................................................... 12
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............. 13
Section 76-3-102, MCA (Subdivision Purposes) ............................................................ 13
Section 76-3-501, MCA (Subdivision Purposes) ............................................................ 15
APPENDIX A - DETAILED BACKGROUND AND PROJECT DESCRIPTION .............. 17
Water Conservation Program Background ..................................................................... 17
Bozeman’s Water Supply Challenges and Outdoor Water Use Trends ........................... 18
Water Efficient Landscape Ordinance Project Background ............................................ 18
Water Efficient Landscape Ordinance ............................................................................ 20
Landscape and Irrigation Performance and Design Standards Manual ............................ 24
APPENDIX B - NOTICING AND PUBLIC COMMENT ................................................... 26
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 26
FISCAL EFFECTS ............................................................................................................. 26
ATTACHMENTS ............................................................................................................... 26
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EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
On February 15, 2022, the City Commission held a work session to consider water efficient
landscape and irrigation performance and design standards (standards) for new development
to help ensure Bozeman maintains an adequate water supply. The City Commission directed
staff to develop water efficient landscaping standards that represent a best-in-class extensive
and proactive set of standards resulting in the greatest water savings.
Standards were developed by reviewing national and supply-constrained western state
standards, considering the financial impacts of the standards, analyzing Bozeman’s water use
trends and achievable savings through the implementation of various standards, and engaging
with community members. Engagement efforts are described in Appendix A.
The proposed landscape standards are intended to reduce the installation of high water use
turfgrass, ensure adequate soil quantity and quality that supports healthy plants and reduces
water use, and increase the installation of drought adapted landscaping in future
development. The standards include limits on the amount of turfgrass permitted to be
installed in new development. Two separate project/plan approval ‘pathways’ have been
developed for project applicants to choose from to meet future landscaping requirements.
These pathways are intended to provide 1) a simple pathway to receive design approval and,
2) a pathway to accommodate greater design flexibility.
The irrigation standards are intended to ensure that irrigation systems installed in future
development projects achieve water use efficiency through proper design and performance.
The standards include requiring high efficiency irrigation nozzles, weather-based irrigation
controllers, adequate operating pressure, proper ‘hydrozoning’ aligned with industry best
management practice and prohibiting overhead spray irrigation in narrow landscaped areas
prone to runoff and water waste.
As proposed, project applicants subject to the City’s plan review process will be required to
submit an irrigation design plan as well as irrigation scheduling parameters to demonstrate
efficiency.
Due to the level of detail included in the standards and regular evolution of equipment and
data, the standards are outlined in a proposed Landscape and Irrigation Performance and
Design Standards Manual which is referenced by the ordinance and linked below.
The proposed landscape and irrigation standards will only apply to new development
projects. None of the proposed standards will require existing landscaping and irrigation to
be retrofitted. Residents interested in retrofitting their landscape to be more water efficient
may utilize City rebate incentives and educational resources to improve landscape water use
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efficiency through the installation of high efficiency irrigation components and drought
tolerant landscaping, and the removal of high water use turfgrass.
The ordinance, if adopted as proposed, will help Bozeman achieve sustainable growth and
further the water conservation goals and priorities outlined in the 2013 Integrated Water
Resources Plan and 2023 Water Conservation and Efficiency Plan. The implemented
standards are estimated to save 421 million gallons of water annually in the year 2040, which
is enough water to support 5,164 new single households, or 10,238 multi-household units.
Unresolved Issues
None.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings will be added to this
report as the review of the project moves forward. No public comment has been provided as
of the as of the date this report was written.
Community Development Board
The Community Development Board (CDB) will make a recommendation to the City
Commission after conducting their public hearing, considering the draft document and
comments, and reviewing the required criteria for decision.
Alternatives
1. Adopt the ordinance as presented;
2. Direct revisions to the ordinance prior to adoption;
3. Do not adopt the ordinance; or
4. Request additional information and continue discussion on the ordinance.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Zoning Commission and the
Planning Board will hold a public hearing on April 1, 2024, at 6 pm.
The City Commission will hold a public hearing on the text amendment on April 23, 2024 at
6:00 p.m. and decide whether the proposed amendments should be codified or not.
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SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS -
ZONING
In considering applications for amendment approval under this title, the advisory boards and City
Commission must consider the following criteria (A-D) and guidelines (E-K). As an amendment
is a legislative action, the Commission has broad latitude to determine a policy direction.
A zone text amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also evaluate guidelines E-K as factors for consideration and
may find the zone text amendment to be positive, neutral, or negative with regards to these
considerations. To approve the zone text amendment, the Commission must find the positive
outcomes of the amendment outweigh negative outcomes for guidelines E-K.
In determining whether these criteria and guidelines are met, Staff considers the entire body of
plans and regulations for land use and development. Standards which prevent or mitigate
negative impacts are incorporated throughout the entire municipal code but are principally in
Chapter 38, Unified Development Code.
The existing municipal code provisions regulating landscaping and irrigation were, at the time of
adoption, found to satisfy all the required criteria. As such, the focus of this report is only on the
amendments proposed. Unless shown as being edited in the draft ordinance, all existing
standards stay as currently adopted. Where a finding of neutral is presented, it represents that the
criteria or guideline has been considered and the change does not materially advance or detract
from compliance. Therefore, a finding of neutral is not necessarily an indication of a deficiency
in the proposed amendments or the existing standards.
Section 76-2-304, MCA Zoning Regulations Criteria (A-K)
Zoning regulations must be:
A. Be in accordance with a growth policy.
Yes, criterion is met. The proposed amendments are in conformance with the growth policy.
As the growth policy provides a high level vision of how a community hopes to develop over
time, it does not dictate uses or specific standards to the level of detail contained in this
ordinance. However, it does identify issues and priorities for consideration with specific
goals and objectives that are desired outcomes.
The Bozeman Community Plan 2020 (BCP2020), adopted in November 2020, establishes the
City’s policies for growth and regulation of land uses and development. It continues concepts
and community priorities that were established in several prior growth policies. Prior growth
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policies encouraged creation of development standards that supported predictable review
processes and addressed areas of community concerns.
The following relevant goals and objectives included in the BCP2020 are supported by the
proposed amendments and the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual (“Manual”) included within the amendments. The Manual includes
detailed water efficient landscape and irrigation requirements which implement the proposed
text amendments. As such, the draft ordinance and the Manual includes specific standards
that are in accordance with the BCP2020 and referenced below.
R-1.2 Be resourceful: recognize alternative ways to use resources.
The proposed amendments require the efficient use of water by implementing
required water efficient landscape and irrigation standards for new development
projects to support water efficient growth. Efficiency enables other uses of water,
besides landscaping, that support community needs such as housing and
employment.
R-2.2 High Risk and Vulnerability: Ensure that strategies directly address the reduction
of risk to human well-being, physical infrastructure, and natural systems; and
RC-4.3 Prioritize human well-being and health in the creation and implementation of
land development standards.
Bozeman is a drought-prone community with limited water supplies. Although
there is additional water available in the Gallatin watershed, its legal and physical
availability for municipal uses is costly, complex, and time consuming. The
proposed amendments reduce risks to human well-being by resulting in a
projected savings of 1,291 acre-feet (enough water to serve 5,164 single
households or 10,328 multi-household units in 2040 relative to the water that
would be consumed by new development projects using existing practices). The
proposed amendments reduce risk to urban landscapes by ensuring that landscape
plant material is drought resilient.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been
tested and proven to work in similar local or regional contexts; and
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
The proposed amendments were developed by evaluating successful water
efficient landscape ordinances and policies of other municipalities throughout the
West, best practices outlined in national model water efficient landscape
ordinances, as well as the Irrigation Association’s best management practices
guidance document. During development of the Manual and ordinance, repeated
engagement with local landscape designers and irrigation system installation
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professionals was completed to ensure that these information sources were
relevant and practical to Bozeman’s circumstances.
R-2.7 Adaptive Capacity: Include flexible and adaptable measures that consider future
unknowns of changing climate, economic, and social conditions; and
R-2.9 Long-Term and Lasting Impact: Create long-term gains to the community with
solutions that are replicable and sustainable, creating benefit for present and future
generations.
The proposed amendments include requirements for drought tolerant landscaping,
which will enhance community resiliency and ensure that future landscapes are
drought resilient, sustainable, and able to adapt to changing climate conditions.
They also include tree requirements to support a healthy urban canopy and
improved biodiversity. Shrubs and trees have lifespans of decades. Correct initial
placement of healthy soils and vegetation with lower water requirements reduce
water demand over the entire lifespan. Proper design and installation is an activity
which can be readily repeated.
N-2.5 Ensure that new development includes opportunities for urban agriculture,
including rooftop gardens and home gardens, community gardens, or urban farms; and
EPO-3.10 Inclusion of community gardens, edible landscaping, and urban micro-farms as
part of open spaces outside of watercourses and wetlands in subdivisions is encouraged
where appropriate.
The proposed amendments allow for food gardens and urban farming to be
exempted from meeting water budget requirements outlined in the Manual. This
ensures that the water budget, which is intended to reduce water use associated
with future landscapes, does not deter from residents’ ability to grow food.
N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary
to City land development policies or climate action plan goals.
The proposed amendments require landscaping and irrigation requirements
included in private covenants comply with the Manual.
EPO-3.3 Support water conservation, use of native plants in landscaping, and
development of water reuse systems.
The proposed amendments ensure that water conservation practices are
implemented in future landscapes by requiring drought tolerant plant material,
limiting the installation of high water use turfgrass, requiring adequate topsoil
quality and depth, and requiring the installation of efficient irrigation system
components. The proposed amendments strongly encourage the installation of
native plants and incentivize the installation of native drought tolerant plants that
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are naturally suited for Bozeman’s environment in the water budget
(performance-based) approach to landscape design compliance.
EPO-3.4 Review and update landscape and open space standards for public and private
open spaces to reduce water use. Likewise, review and update standards for reuse
systems.
The proposed amendments include requirements for open space landscape and
irrigation standards to ensure that future open spaces use less water, and that the
water that is used is used efficiently.
EPO-3.5 Update land development standards to implement the Integrated Water
Resources Plan
The proposed amendments directly implement recommendations in the Integrated
Water Resources Plan, which calls for water conservation to reduce the future gap
between water supply and demand by 50%.
EPO-3.9 Integrate climate change considerations into development standards.
The proposed amendments consider climate change by requiring the installation
of drought tolerant plants, which are resilient to impacts of climate change,
including more frequent drought events, and longer, hotter, drier summers.
DCD-4.1 Ensure that the Planning Department is supported with the resources required to
effectively implement this plan, to dedicate staff to long range and regional planning
efforts, and to process development applications expeditiously.
Although the Water Conservation Division is not organized under the Planning
Division, the idea of adequately providing resources to implement the plan
applies. Two full-time Water Conservation Specialists have been hired to educate
the development community and citizens on the requirements for water
conservation, perform plan review, and perform site inspections associated with
the implementation of the proposed amendments.
Supplemental resources have been created for development professionals to ensure
that development applicants have resources required to readily achieve compliance
with the proposed amendments. This includes but is not limited to:
Definitions;
Water budget calculator;
Plant list with 600+ plants including water use, size, and other general
information;
Water budget worksheet information and calculations;
Water budget calculator information and user guide;
Building permit landscape and irrigation self-certification form; and
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Landscape installation certification of completion form
Three professional education courses were also hosted by the City for design
professionals in February and March, 2024 to ensure that professionals had an
opportunity to gain the knowledge necessary to successfully create compliant landscape
and irrigation designs.
DCD-4.2 Continuously invite and give due consideration to the input of design and
development professionals in the improvement of the city’s project evaluation processes
and development code.
The proposed amendments were developed and refined by engaging with
development industry professionals, including but not limited to, landscape
architects, landscape and irrigation contractors, builders, and developers. The
Manual will be reevaluated on a regular basis, providing additional opportunity
for development professionals to provide input on the standards.
In addition to supporting the above-listed BCP2020 goals, the proposed amendments directly
support goals outlined in the 2013 Integrated Water Resources Plan, which calls for water
conservation to reduce the future gap between water supply and demand by 50%, and the
2023 Water Conservation and Efficiency Plan, which recommends the implementation of a
‘tier 3’ water efficient landscape ordinance in 2024.
No element of the proposed ordinance affects the future land use map as the process
amendments do not change land use designations or zoning district boundaries. Therefore, no
analysis of correspondence to the future land use map is provided.
B. Secure safety from fire and other dangers.
Yes, criterion is met. Standards to secure safety from fire and other dangers are not being
altered with this ordinance. The proposed standards only impact irrigation and landscape
requirements. Drought tolerant landscaping and efficient irrigation does not materially
change the essential use of the property, demand for services, or the physical characteristics
of the use as it applies to this criterion. All applicable development standards and building
code standards for fire resistance, exiting, and other protections remain in place. The
standards listed in this criterion are not being changed with these amendments and therefore
the standard continues to be met.
C. Promote public health, public safety, and general welfare.
Yes, criterion is met. The existing standards addressing this criterion remain in place such as
floodplain protections, provision of water and sewer services, and similar. Standards remain
for setbacks, light and air, emergency services, and other issues to protect public health and
physical safety. In addition, standards to secure safety from fire and other dangers are not
being altered.
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The proposed standards will also promote public health and safety by increasing water
availability for essential use during times of drought, reducing non-essential water use
associated with new developments, and extending the reach of the City’s water supplies. The
proposed standards promote public health, safety, and general welfare by resulting in a
projected savings of 1,291 acre-feet of water (enough water to serve 5,164 single households
or 10,328 multi-household units in 2040). The proposed tree requirements will support an
adequate and diverse urban canopy, enhancing community resilience. These amendments
serve to support and reinforce the existing standards applicable to this criterion, therefore the
standard continues to be met.
D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes, criterion is met. Standards for the provision of municipal transportation, sewerage,
schools, parks, and other public requirements are not being altered with this ordinance. The
proposed standards will positively impact the provision of water by reducing outdoor water
use associated with future development and extending the reach of the City’s limited water
supplies. The proposed standards do not materially change the essential use of the property,
demand for extending services at new or existing parcels, or the physical characteristics of
the residential use as it applies to this criterion. The proposed amendments serve to support
and reinforce the existing standards applicable to this criterion, therefore the standard
continues to be met.
The city shall also consider:
E. Reasonable provision of adequate light and air.
Yes, criterion is met. No changes within these amendments impact basic standards for
setbacks, maximum building height, dedication of parks, on-site open spaces, or similar
standards. The City’s development standards and building code ensure adequate provisions
of light and air through window and air circulation/venting provisions as well as building
setbacks. The proposed standards exempt areas within a 10’ offset of a building’s footprint
from requirements to place trees and, as a result, the proposed standards will not have an
impact on the provision of light or air. The standards listed in this criterion are not being
changed with these amendments and therefore the standard continues to be met.
F. The effect on motorized and non-motorized transportation systems.
Yes, criterion is met. No changes within these amendments impact basic standards for
parking, sidewalks, dedication of right of way, provision of and construction of streets, or
similar standards. Transportation impacts and parking compliance are addressed at the time
of site-specific development review through an associated planning application and/or
building permitting process. The standards listed in this criterion are not being changed with
these amendments and therefore the standard continues to be met.
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G. Promotion of compatible urban growth.
Yes, criterion is met. These amendments add additional requirements which relate to urban
growth within the City but do not impede on the expansion of the City through urban
development practices. Proposed standards will require additional documents to be submitted
during applicable development review processes. Proposed standards will result in future
landscapes that require less water, reducing the cost of water associated with outdoor use for
these properties. The proposed standards will extend the reach of the City’s water supplies
by reducing landscape water requirements in future development, which also enhances
community resiliency related to climate change impacts and drought events. The proposed
standards are projected to save 1,291 acre-feet of water (enough water to serve 5,164 single
households or 10,328 multi-household units in 2040). The standards listed in this criterion
will serve to support and reinforce the existing standards applicable to this criterion, therefore
the standard continues to be met.
H. Character of the district.
Yes, criterion is met. No changes have been made to allowable uses, building heights, lot
coverage, setbacks, and other requirements which apply in each zoning district and each
district’s character. Only landscape requirements have changed. The proposed standards
include vegetation requirements that will enhance landscape plant material diversity and
enhance the character of the district. Existing standards have, for many years, encouraged use
of drought tolerant and native plants, efficient use of water, and other landscaping features.
These amendments serve to support and reinforce the existing standards applicable to this
criterion, therefore the standard continues to be met.
I. Peculiar suitability for particular uses.
Yes, criterion is met. The proposed amendments do not change any zoning districts,
boundaries, or uses within the land development regulations. Therefore, considering the code
as a whole, the standards listed in this criterion are not being changed with these amendments
and therefore the standard continues to be met.
J. Conserving the value of buildings.
Yes, criterion is met. The proposed amendments do not change any districts or uses which
would cause buildings to become non-conforming to the district in which they are located. The
proposed amendments do not alter the standards for building location, size, or other physical
development standards. The standards listed in this criterion are not being changed with these
amendments and therefore the standard continues to be met.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes, criterion is met. The proposed amendments do not alter the allowed uses in zoning
districts nor growth policy designations adopted in the Community Plan 2020. The standards
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associated with this criterion are not being changed with these amendments and therefore the
standard continues to be met.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
As of the writing of this report, no written protest against the changes have been received.
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS -
SUBDIVISION
In considering applications for approval under this title, the advisory boards and City Commission
must consider the following criteria. As an amendment is a legislative action, the Commission has
broad latitude to determine a policy direction but must be consistent with the criteria.
The existing development review processes and standards were previously found to satisfy all of
the following criteria during earlier reviews. The focus of this report is only on the amendments
proposed. Where a finding of Neutral is presented it represents that the criteria is either not
applicable to the proposed amendments or that the change does not materially advance or detract
from compliance. Therefore, a finding of Neutral is not an indication of a deficiency in the
proposed amendments or the existing standards.
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Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Criterion is met. The proposed amendments are made in accordance with the adopted growth
policy, the Bozeman Community Plan 2020 (BCP2020), while respecting state imposed
requirements. No conflicts with the goals and objectives of the Bozeman Community Plan
have been identified.
Additional analysis related to accordance with the growth policy is provided in this report
under Zoning Criterion A.
EPO-3: Address climate change in the City’s plans and operations.
EPO-3.3 Support water conservation, use of native plants in landscaping, and
development of water reuse systems
Larger developments may require more supplemental water supply from the City’s
water system for landscape irrigation in the future. The cost associated with this
may increase maintenance and result in revisions to the type and the extent of
landscaping materials in public areas that are more representative of native plants
resulting in water conservation. The proposed regulations address standards for
landscaping and irrigation regardless of water source which improves consistency
and reduces overall water demand.
EPO-3.5 Update land development standards to implement the Integrated Water Resources
Plan.
The first priority for implementing the IWRP is developing a successful water
conservation program. Conservation fills the largest proportionate share of the
City’s projected 17,750 acre-foot supply gap by providing 10,100 acre-feet of water
savings. The program is focusing developing effective outreach and education
programs targeting voluntary indoor and outdoor water reduction. Additional a
tiered rate system has been implemented to curb excessive water use in peak
demand periods. The code revisions in Ordinance 2108 will further the efforts laid
out in the IWRP.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the subdivision
of land.
Criterion is met. The proposed regulations promote the public health, safety, and general
welfare by meeting criteria of approval required for compliance with the Montana Subdivision
and Platting Act.
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The City’s adopted standards for land development which apply to the subdivision process
require evaluation of future demand to ensure adequate water supply for uses within a
development and other features which support this criterion. Access to clean water has a
substantial positive impact on human health. Increasing efficiency of water use in landscaping
will protect water supply availability during increasingly common hot weather and other
demand generators. The City has implemented 76-3-616 MCA by adopting zoning standards
to address the subdivision primary review criteria established in 76-3-608 MCA. All
subdivisions must conform to the zoning standards and demonstrate compliance as part of the
subdivision review process. The proposed regulations will apply to all future subdivision
proposals. The overall effect of the proposed regulations is to lower demand for irrigation water
which extends the utility of existing and future water supplies.
3. Prevent the overcrowding of land.
Neutral. Overcrowding is the condition arising from more intensity of use than the property
and infrastructure can support. The proposed regulations do not address the underlying analysis
of whether a proposed land use is the appropriate intensity of use. The City’s standards
regarding appropriate intensity of use are established through the City’s zoning districts which
are not changed with these amendments. The necessary infrastructure to support development
must still be provided in a timely manner and in sufficient quantity to address needs of the
development as required in the municipal code. See for examples, Divisions 38.270 and 38.410
and Chapter 40.
4. Lessen congestion in the streets and highways.
Neutral. The proposed amendments do not change the existing standards which address this
criterion. Adequate information to demonstrate compliance with adopted standards must still
be presented as part of application submittals. The City’s transportation master plan and capital
improvements program address needed expansions and improvements. Local improvements
will continue to be required for individual subdivisions as currently is required.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Criterion is met. The existing municipal regulations set forth processes and standards by which
a development ensures required water supply, sanitary sewer, streets, stormwater, parks, etc.
are provided. Compliance with those requirements is required as part of the submittal
requirements for subdivision application. Construction follows approval of a preliminary plat
and generally is completed before the final plat is approved. Implementation of the proposed
regulations will reduce water demand for landscape irrigation and therefore will extend the
utility of the water supply.
The regulations have no impact on providing adequate light and air. See also Zoning Criteria
D and E. The criterion is met.
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6. Require development in harmony with the natural environment.
Criterion is met. The proposed amendments support and encourage use of native plants, reduce
water demand for irrigation, and encourages placement of trees which provide shading and
habitat. The existing standards for protection of water courses, wetlands, etc. are not modified.
7. Protect the rights of property owners.
Criterion is met. Article 2, Section 3 of the Montana Constitution recognizes that landowners
have both property rights and associated responsibilities. How water is used on a site affects
both the landowner and other members of the community. Therefore, having clearly
established standards for water use helps to balance the respective rights and responsibilities
associated with landscaping and irrigation.
8. Require uniform monumentation of land subdivisions and transferring interests in
real property by reference to a plat or certificate of survey.
Neutral. The proposed amendments do not alter the standards previously found adequate to
address this requirement.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Criterion is met. Section 76-3-622 Mont. Code Ann. details water and sanitation information
that accompanies preliminary plat applications and states that review of a subdivision should
primarily focus on compliance with the established regulations. The City has over time
established standards addressing most of the subdivision primary review criteria created in 76-
3-608 MCA, including water adequacy. Any subdivision of land, as defined under Montana
Code Annotated §76-4-102, created after October 17, 2014 that uses groundwater, must receive
a pre-determination from MT DNRC that all exempt wells proposed for the subdivision will
stay at or under a combined appropriation of 10 acre-feet per year regardless of the distance
between proposed wells.
The proposed amendments do not modify the standards for layout of parks, streets, or other
elements of order. The amendments are primarily focused on water adequacy for private and
public areas within and adjacent to a development. The amendments are implementing adopted
water planning documents and are a continuation of long-standing efforts to increasing
efficiency in water use.
10. Coordination of roads within subdivided land with other roads, both existing and
planned.
Neutral. The proposed amendments do not alter the existing standards or planned locations
for road placement or expansion. New subdivisions will continue to be required to coordinate
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the development of roads servicing the development with the overall street grid of the City,
both existing and planned. See also Zoning Criterion F.
11. Dedication of land for roadways and for public utility easements.
Neutral. The proposed amendments do not alter the existing standards for the width or planned
locations for road placement or expansion. New subdivisions will continue to be required to
coordinate the development of roads servicing the development with the overall street grid of
the City, both existing and planned. Configuration of easements for public utilities such as
water or sewer are not changing. See also Zoning Criterion F.
12. Improvement of roads.
Neutral. The proposed amendments do not alter the existing standards for road improvements.
New subdivisions will continue to be required to coordinate the development of roads servicing
the development with the overall street grid of the City, both existing and planned. Most
detailed construction standards are now and will continue to be included in the Design and
Specifications created by the Engineering Division. See also Zoning Criterion F.
13. Provision of adequate open spaces for travel, light, air and recreation.
Criteria is met. The proposed amendments do not alter the existing standards for provision of
area requirement in open spaces and parks. Standards for light and air are generally
established by the Building Code and Zoning regulations for individual lots. No changes are
proposed affecting the amount of land to be set aside for public parks. Future design and
development of open spaces will be affected by the type of plantings and irrigation.
14. Adequate transportation, water and drainage.
Criteria is met. City standards for transportation and drainage are unchanged by the proposed
amendments. See comments in Subdivision Criteria 10-13. See also Zoning Criteria D and F.
Water conservation will improve water system reliability, extend service life, and reduce
peaking of water demand which correspondingly is a cost savings through reduced
infrastructure construction.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Neutral. The proposed amendments do not modify the regulations in place to ensure adequate
sanitary facilities to serve the development are installed in accordance with City standards.
The City has not established standards greater than state regulations or guidelines that would
be affected by 76-3-511. See also Zoning Criterion D.
16. Avoidance or minimization of congestion.
Neutral. See responses to Criterion 3 and 4, and 10-14 above. As noted above, the proposed
amendments are focused on the water adequacy for irrigation for subdivision applications.
These processes do not in themselves address this criterion.
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17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of natural hazard or the lack of water, drainage, access, transportation, or other
public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Criterion is met. The proposed regulation ensures that adequate water is available for essential
uses to support health and public safety by reducing the amount of water required for landscape
irrigation. The proposed changes reduce irrigation water demand regardless of water source.
Provision of adequate water supply supports firefighting, domestic supply and sanitation, and
clean and healthful environment. The City has determined that water conservation is the least
cost option to extend the utility of its existing water supplies and therefore excessive
expenditure of public funds is avoided.
See also Zoning Criteria A, D, and F. The criterion is met.
APPENDIX A - DETAILED BACKGROUND AND PROJECT
DESCRIPTION
Water Conservation Program Background
In 2013, the City Commission adopted an Integrated Water Resources Plan (IWRP) to guide
future water use and supply policies and practices through 2062. The Plan recommends that
water conservation reduce the future gap between water supply and demand by fifty percent.
Upon adoption of the Plan, the City Commission specifically supported an education and
incentive-based approach to conservation while recognizing that the Plan acknowledges a future
need to implement regulatory measures.
The implementation of education and incentive-based program measures began shortly after the
adoption of the IWRP. These include but are not limited to four indoor water fixture rebates to
support replacement of existing fixtures with more efficient fixtures, six outdoor rebates to
support efficiency improvements to existing irrigation systems and the replacement of high-
water use landscaping with drought tolerant landscaping, water-wise landscaping seminars for
the public, training for landscape and irrigation professionals, a free water use portal, drought
tolerant demonstration gardens, free sprinkler system assessments, and water saving product
giveaways. Community participation in rebate initiatives has reduced City-wide water use by an
average of 3.5 million gallons of water per year. Additional information about the City’s water
conservation program, including estimated water savings achieved through various initiatives, is
available in the 2015 – 2022 City of Bozeman Water Conservation Program Report.
The implementation of regulatory measures began in 2017 with the adoption of the City’s first
drought management plan to maximize available water supplies and ensure that water is
available for essential uses during times of shortage by limiting outdoor water use. This was
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followed by the adoption of water conservation-based rates and drought rates in 2019, adoption
of Ordinance 2043, which includes revisions to the City’s water adequacy policy to incentivize
efficiency projects in new development projects in 2020, adoption of permanent mandatory
outdoor watering restrictions, which ensure that outdoor watering is limited to three days per
week during the most efficient times of day in 2022, a revised drought management plan in 2022,
and adoption of the City’s first comprehensive water conservation and efficiency plan in 2023.
The 2023 Water Conservation and Efficiency Plan (Plan) serves as a roadmap for program
planning by identifying achievable water savings through the implementation of 18 program
measures. This includes voluntary and incentive-based program measures as well as regulatory
measures such as water efficient growth policies. The implementation of a water efficient
landscape ordinance is included in the adopted Water Conservation and Efficiency Plan and is
outlined to being in 2024. The City expects to save 4,435 acre-feet of water per year in 2040
through the implementation of the Plan, with 1,291 acre-feet attributed to the implementation of
a water efficient landscape ordinance in 2024. A savings of 4,435 acre-feet is enough water to
serve 17,740 single households or 35,480 multi household units in 2040. A savings of 1,291
acre-feet is enough water to serve 5,164 single households or 10,328 multi-household units in
2040.
Bozeman’s Water Supply Challenges and Outdoor Water Use Trends
Bozeman is a drought-prone, headwaters community that relies on snowpack for its water
supply. In the future, lower snowpack levels are expected, and more precipitation is expected to
arrive in the form of rain than snow. Earlier peak runoffs are also projected, which may leave
less available snowpack at higher elevations in the late spring and early summer months when
the City relies on snowmelt and feed our surface water sources. Additionally, it is projected that
Bozeman will experience longer, hotter, drier summers in the future, which will increase plant
water demands, and in turn may increase outdoor watering.
Nearly fifty percent of annual residential water use is used on lawns and landscapes for outdoor
watering. An analysis of single household water use in Bozeman indicates that homes built over
the last 15+ years are applying over twice the amount of water to landscapes as compared to
older homes, despite being located on smaller lots with less landscaping. This is likely due to the
prevalence of high water use turfgrass in landscapes and absence of irrigation efficiency
standards in the City’s current development code. As such, the City has identified reducing
outdoor water use through the implementation of a water efficient landscape ordinance as a
necessary means of ensuring reliable water supplies are available for the future.
Water Efficient Landscape Ordinance Project Background
On December 21, 2021, the City Commission adopted Resolution 5368, which identified
promoting water conservation, including the consideration of policies to reduce water
consumption, as a commission priority for years 2022 and 2023.
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On February 15, 2022, the City Commission held a work session to discuss the development and
implementation of required water efficient landscape and irrigation performance and design
standards for new development. City staff proposed three ‘tiers’ of standards (tier 1, 2, and 3),
each including a different suite of requirements that were projected to result in relatively low,
medium, and high levels of water saved, respectively. The City Commission directed staff to
develop standards that aligned with tier 3, which represented a ‘best in class,’ extensive and
proactive set of requirements resulting in the greatest water savings. This ‘tier 3 water efficient
landscape ordinance’ was included in the 2023 Water Conservation and Efficiency Plan and
represents the savings of 1,291 acre-feet mentioned above.
Staff developed the required water efficient landscape and irrigation performance and design
standards for new development through a multi-pronged approach that consisted of reviewing
national best-in-class water use efficiency standards, evaluating standards implemented in other
supply-constrained western states, analyzing Bozeman’s water use and development trends, and
engaging with local development industry professionals and other community members.
The City’s Engage Bozeman framework was utilized to develop an engagement plan for this
project to identify the appropriate level of engagement for various community groups and ensure
that they were provided with an opportunity to learn more about the project and provide input.
Tools and techniques used to engage community groups included but were not limited to:
Structured public meetings (presentation with Q and A);
Social media posts;
City website news postings;
Neighborhood group presentations;
Radio interviews;
Utility statement notes;
Community presentations;
‘Pop-up’ table displays;
Focus groups;
Cold calls;
Direct emails;
Presentations to relator groups; and
Presentations at local industry professional meetings (City design professional meetings,
builder associations, green industry professional workshops, etc.).
The full list of engagement efforts is included on the City’s webpage for this project.
Through these engagement efforts, community groups cited the importance of minimizing
impacts on affordability, supporting community equity, encouraging or requiring native plants,
allowing for the preservation of healthy mature trees, minimizing impacts on plan review and
approval time, ensuring the proposed standards align with the ‘on the ground’ realities of site
development, and integrating into the City’s existing administrative plan review process.
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Water Efficient Landscape Ordinance
Draft Ordinance 2155 (Attachment 1) and draft Resolution 5586 (the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual, hereafter referred to as the
Manual) (Attachment 2), outlines proposed landscape and irrigation performance and design
standards to be required for new development projects. Due to the level of detail included in the
landscape and irrigation performance and design standards, regular evolution of equipment and
data, and to enhance the clarity of language in Chapter 38, many of the proposed text
amendments in Chapter 38 reference out to the Manual, which details specific landscape and
irrigation requirements for new developments.
In addition to referencing the Manual, Ordinance 2155 revises landscape and irrigation
regulations within Chapter 38 and Chapter 40 of the Bozeman Municipal Code to include
submittal requirements for landscape and irrigation plans, completion and acceptance of
requirements for landscape and irrigation improvements and refers to the Manual for specific
landscape and irrigation requirements to ensure water savings is achieved through efficient
design and performance. The full details of the material text amendments is provided in
Ordinance 2155 and summarized below.
1. Section 38.200.010. Review authority, updates the referenced code section for the
protection of landscaped areas under the city engineer’s authority. Adds landscape and
irrigation plans under the required review of the director of utilities.
2. Section 38.220.030 Subdivision pre-application submittal materials, adds water source
for irrigation of public lands to the list of required submittal materials.
3. Section 38.220.040 Subdivision preliminary plat, adds a requirement for proof of
compliance with water conservation standards to the list of required submittal materials.
4. Section 38.220.060 Documentation of compliance with adopted standards, revises the
required irrigation system design standards required with submittal.
5. Section 38.220.070 Final Plat, revises the landscape and irrigation systems plans required
with submittal for public lands. Adds a required notation to the conditions of approval
sheet for topsoil depth and quality required with future development of lots.
6. Section 38.220.080 Site plan submittal requirements, revises the list of materials required
to be submitted with site plan applications.
7. Section 38.220.100 Submittal requirements for landscape plans, adds irrigation
requirements and revises landscape plan requirements for all submittals.
8. Section 38.220.110 Sketch plan submittal requirements, adds the requirement that sketch
plan submittals are required to comply with the manual. Adds the requirement for a self-
certification form for small projects.
9. Section 38.220.130 Submittal materials for regulated activities in wetlands, adds an
irrigation plan requirement if applicable to wetland setback planting plans.
10. Section 38.220.320 Covenants, adds landscaping and irrigation compliance requirements
with the manual.
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11. Section 38.230.070 Sketch plan review, adds landscape and irrigation submittal
requirements.
12. Section 38.230.140 Final plan, revises final plan requirements for site plans.
13. Section 38.230.170 Improvements to existing developed sites independent of site plan
review, adds the word irrigation to the standard.
14. Section 38.270.010 Purpose and applicability (Improvements and securities), adds the
word irrigation to the standard.
15. Section 38.270.020 Standards for improvements, adds the words landscape and irrigation
to the standard. Requires improvements dedicated to the public to comply with the
manual.
16. Section 38.270.030 Completion of improvements, adds the words landscape and
irrigation to the standard. Adds required boulevard landscape and irrigation to the list of
street improvements that must be financially guaranteed under certain circumstances.
17. Section 38.270.050 Acceptance of improvements, adds landscape and irrigation
improvements and landscape and irrigation to the standard for improvements dedicated to
the public.
18. Section 38.270.090 Development or maintenance of common areas and facilities by
developer or property owners’ association, adds the words street medians and irrigation
to the standard. Requirements added that landscaping and irrigation in common areas
comply with the manual.
19. Section 38.410.060 Easements, adds requirements for easements for city-owned irrigation
systems for use in public rights-of-way and parks when located on private land.
20. Section 38.410.080 Grading and drainage, revises the referenced code section.
21. Section 38.410.100 Watercourse setback, adds an irrigation plan requirement if
applicable to watercourse setback planting plans.
22. Section 38.410.130 Water adequacy, adds reference to the manual for drought tolerant
landscaping and high efficiency irrigation components used to reduce estimated annual
municipal water demand.
23. Section 38.430.070 Phased development (PDZ), adds the words landscape and irrigation
to the standard.
24. Section 38.430.110 Amendments to approved planned PDZ and general development
plans, adds a percentage standard for minor amendments to landscape and irrigation
design.
25. Section 38.440.030 Amendments to final plan (PUD), adds a percentage standard for
minor changes to irrigation water requirement (IWR).
26. Section 38.500.020 Applicability and compliance (Project Design), adds required
compliance with the manual for Level II improvements.
27. Section 38.510.030 Block frontage requirements, adds two code references to
landscaping standards in 38.550 for Internal roadway storefront and Other block
frontages, and adds departure criteria for Other block frontages.
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28. Section 38.520.040 Non-motorized circulation and design, adds reference to landscaping
standards in 38.550 for planting strips required in certain circumstances.
29. Section 38.520.050 Vehicular circulation and parking, adds the word irrigation to the
standard and revises a code reference.
30. Section 38.520.060 On-site residential and commercial open space, adds reference to
landscaping standards in 38.550 for usable residential open space.
31. Section 38.540.010 General Provisions (Parking), adds the word irrigation to the
standard.
32. Section 38.540.040 Maintenance of parking areas, adds the word irrigation to the
standard.
33. Section 38.550.010 Purpose and intent (Landscaping), revises the wording of the standard
to clarify the purpose of the landscape section of the development code.
34. Section 38.550.020 Interpretation and scope (Landscaping), adds the words applicability
and implementation to the title, revises wording for application types subject to this
section, and adds applicability to well irrigation. Adds provision for Commission
adoption of the manual by resolution.
35. Section 38.550.030 General landscaping and provisions, adds the word irrigation to the
title and the standard.
36. Section 38.550.040 Landscape and plan review, adds the word irrigation to the title and
the standard, and revises wording. Changes the compliance code reference from
38.550.050 to 38.200.
37. Section 38.550.050 Mandatory landscaping and irrigation provisions, changes the title
and adds the word irrigation to the title. Revises numbering. Removes the setback
landscaping standard, and replaces that paragraph with requirement for landscaped areas
and irrigation system to be kept in operable condition. Removes the drought tolerant
species requirement and refers to the manual. Adds restrictions for the use of overhead
spray irrigation in parking lot landscaping. Removes reference to the Western Garden
Book and adds required compliance with the manual for street frontage landscaping and
street median landscaping. Adds additional requirements for acceptable landscape
materials and soil depth and adds required compliance with the manual for those items.
Revises requirements for permanent irrigation systems and adds additional irrigation
standards. Adds required compliance with the manual for design of irrigation systems.
Revises the standard for maximum allowable slope or grade.
38. Section 38.550.060 Reserved, changes the title to Landscape and Irrigation Performance
and Design Standards. Deletes the editor’s note. Adds a requirement that compliance with
the most recent version of the manual is required.
39. Section 38.550.070 Landscaping of public lands, adds irrigation to the title. Adds
required compliance with the manual for city rights-of-way, open space, and parks.
Changes landscaping to landscape and adds the word irrigation in several places. Adds
irrigation system requirements, and adds required compliance with the manual for design
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of landscaping and irrigation systems. Provides a reference to the easement requirement
for public irrigation facilities in Article 4. Adds the word responsibility to the
maintenance standards.
40. Section 38.550.080 Departure from landscaping requirements, changes the title by
changing landscape to landscaping and adds the word irrigation. Adds language linking
departure criteria to the most recent version of the manual.
41. Section 38.550.090 Landscaping completion, changes the title and body by changing
landscape to landscaping and adds the word irrigation.
42. Section 38.550.100 General maintenance, revises the wording to add irrigation and
irrigation systems to the standard.
43. Section 38.700.080 G definitions, adds a definition for groundcover to the chapter.
44. Section 38.700.100 I definitions, adds a definition for irrigation to the chapter.
45. Section 38.700.110 L definitions, adds a definition for landscaped area to the chapter.
Revises the definition of landscaping.
46. Section 38.700.180 T definitions, adds definitions for temporary irrigation and turfgrass
or turf to the chapter.
47. Section 40.02.300 Provisions adopted; regulations a part of service contracts, adds
landscaping and irrigation to the rules and regulations pertaining to the city’s waterworks
system. Adds reference to chapter 38, article 5, outdoor water use restrictions, and
drought contingency response to the standard.
48. Section 40.02.890 Maintenance; customer responsibility; wasting water prohibited,
revises the wording to waste of water provisions including adding the irrigation systems
and to the standard.
49. Section 40.02.950 Violation of irrigation or sprinkling rules; penalty, revises the wording.
50. Section 40.02.960 Violation of division provisions; disconnection of service required
when, adds landscaping and irrigation to the standard. Adds reference to chapter 38,
article 5, outdoor water use restrictions, and drought contingency response to the
standard.
51. Section 40.02.1100 Rules and regulations adopted; part of contract with customer, adds
irrigation systems to the standard. Deletes permits for lawn sprinkling, renumbers the
standard, and changes sprinkling and lawn sprinklers to the word irrigation.
52. Section 40.02.1250 Findings, adds section E to findings which describes landscaping of
real property within the city as the most consumptive use of water, and adds reference to
the manual.
53. Section 40.02.1280 Application of division, adds section C to require this division to be
interpreted in coordination with chapter 38, article 5, division 550.
54. Section 40.02.1340 Enforcement, adds code enforcement officers to the enforcement
section of the standard.
55. Other code as needed or determined by the Commission. If approved, additional code
sections may be modified to implement the changes.
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Chapter 40 of the Bozeman Municipal Code provides the utility with the authority to regulate
certain uses of water to ensure that adequate supplies are available for existing and future
demands, and for essential uses required for health and public safety. The intent of the proposed
amendments to Chapter 40 is to tie the proposed landscape and irrigation standards in the City’s
zoning regulations to the City’s authority as a utility.
Landscape and Irrigation Performance and Design Standards Manual
The manual includes the following:
Authority and applicability information.
Exemption criteria. Exemptions are available for the following:
o Edible gardens and urban farming;
o Temporary irrigation;
o Plant nurseries;
o Watercourse setback planting plans;
o Stormwater detention and retention ponds;
o Water treatment and low-impact development; and
o Public parks
Departure criteria. Departures are available for the following:
o Established vegetation preservation;
o Historic preservation;
o Open space recreation areas;
o Previously established city project specific conflicting conditions; and
o Cemeteries
Landscape and irrigation requirements, and submittal requirements, for projects
subject to the City’s sketch plan process (residential projects with four units or less).
o Sketch plan project applicants are afforded a streamlined approach to
demonstrating landscaping and irrigation is compliant with standards through
the submittal of a self-certification form as part of the building permit
application process. Landscape and irrigation design plans are not required
for sketch plan projects.
o Landscaping standards include but are not limited to restricting the installation
of turfgrass to no more than 35% of the landscaped area with a requirement
that the remining landscaped are be installed with drought tolerant plants,
ensuring adequate topsoil quantity and quality, requiring the installation of
drought tolerant plants, and ensuring mulch is installed on bare soil.
o Irrigation standards include requiring the installation of high efficiency
irrigation components, ensuring plants with similar water demands are
connected to the same irrigation zone valve, requiring adequate operating
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pressure, and limiting the use of overhead irrigation in narrow landscaped
areas.
Landscape and irrigation requirements, and submittal requirements, for projects
subject to the City’s plan review process (plats, site plans, planned development
zones).
o Plat, site plan, and planned development zone applicants are required to
submit a compliant landscape and irrigation plan, attend a landscape pre-
installation meeting, and submit a certificate of completion to receive a
certificate of occupancy.
o Two landscape design approval pathways are available to applicants to
achieve compliance with the standards. The prescriptive pathway limits the
installation of high water use turfgrass to 20% of the total landscaped area,
with a requirement that the remining landscaped are be installed with drought
tolerant plants. The performance pathway provides flexibility in landscape
design by limiting the total amount of supplemental water required by the
entire landscaped area to 8 gallons per square foot. A water budget calculator
and plant list are available to ensure that applicants have the resources
required to achieve compliance, and to aid in consistency and transparency in
plan review and approval.
o Additional landscaping standards include but are not limited to ensuring
adequate topsoil quantity and quality, requiring the installation of drought
tolerant plants, and ensuring mulch is installed on bare soil.
o Irrigation standards include requiring the installation of high efficiency
irrigation components, ensuring plants with similar water demands are
connected to the same irrigation zone valve, requiring adequate operating
pressure, limiting the use of overhead irrigation in narrow landscaped areas,
demonstrating that the system’s runtime can irrigate landscape plantings
during the hottest month while fitting within the city required watering
window once plants have been established, and providing an irrigation water
requirement.
Appendices with the following supplemental information:
o Definitions;
o Water budget calculator for plans following the performance pathway;
o Plant list with 600+ plants including water use, size, and other general
information;
o Water budget worksheet information and calculations;
o Water budget calculator information and user guide;
o Building permit landscape and irrigation self-certification form (for sketch
plan projects); and
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o Landscape installation certification of completion form (for projects subject to
the City’s plan review process).
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle on 3/9/2024, 3/16/2024, and 3/30/2024. A copy of
the proposed ordinance and resolution was also made available at the Bozeman Public
Library, and through the Water Conservation Division website.
These notices contain all required elements. Notice was provided at least 15 days before the
public hearing conducted by the Community Development Board in their capacity as the
Zoning Commission, and not more than 45 days prior to the City Commission public hearing.
No public comments have been received as of the date this report was written.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: Water Conservation Division, City of Bozeman, PO Box 1230, Bozeman,
MT 59771
Report By: Jessica Ahlstrom, Water Conservation Program Manager
Danielle Garber, Senior Planner
FISCAL EFFECTS
None at this time related to the text of this amendment. Two staff positions have been
approved and filled to support the implementation of the proposed standards.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-
information-portal, select the “Project Documents Folder” link and navigate to application
23343.
Project documents are available at this direct link to the public Laserfiche archive for
application 23343 with direct links to individual documents provided below:
Draft Ordinance 2155 – Water Efficient Landscape Ordinance
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Resolution 5586 – City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual
Additional materials are also available on the Water Conservation website page for the
proposed standards.
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