HomeMy WebLinkAbout07-01-24 CDB Agenda and Packet MaterialsA. Call to Order - 6:00 pm
B. Disclosures
C. Changes to the Agenda
D. Consent Items
D.1 Recommend Approval of the Ferguson Farms II Major Subdivision Preliminary Plat
Modification; Application No. 23295(Montana)
E. Public Comments
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, July 1, 2024
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F. Action Items
F.1 Consolidated Housing Plan Overview(Saunders)
G. FYI/Discussions
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H. Adjournment
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Memorandum
REPORT TO:Community Development Board
FROM:Susana Montana, Senior Planner
Brian Krueger, Division Manager, Development Review
Erin George, Interim Director, Community Development
SUBJECT:
Recommend Approval of the Ferguson Farms II Major Subdivision
Preliminary Plat Modification; Application No. 23295
MEETING DATE:July 1, 2024
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Recommend Approval of the Ferguson Farms II Major Subdivision
Preliminary Plat Modification; Application No. 23295
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:
This is a request to modify the April 4, 2023 approved Preliminary Plat of the
Ferguson Farms II major subdivision (Project No. 19027). The purpose of the
modification is to retain the Maynard Border Ditch irrigation facility at its
current location rather than moving it 30 feet to the west as was originally
shown in the approved Preliminary Plat (PP).
This need to retain the ditch in its current location was not realized by the
Applicant at the March 7, 2023 PP review and approval. Subsequent and
more detailed study of the ditch by the Applicant’s consultant resulted in the
recommendation to retain the channel in place.
As a result of the configuration of the west side of the PP, 4 public open
space lots would be enlarged. The total lots in the 31 acre subdivision would
be reduced as follows:
From 72 lots consisting of 49 commercial lots, 9 parking lots, 14 open
space lots and roads and alleys to a total of 67 lots consisting of 42
commercial lots, 10 parking lots, 15 open space lots and roads and
alleys.
Apart from the retention of the ditch in place, enlargement of the open
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space lots along the ditch channel and the reduction in the number and size
of lots west of Ravalli Street, the lot size and configurations east of Ravalli
Street remain the same.
The property (“Site”) lies within an Urban Mixed Use (UMU) zoning district
and has a preliminarily approved Planned Unit Development (PUD) overlay
(Project No. 19028). The Ferguson Farms II Preliminary PUD will be deemed
a “Legacy PUD”, pursuant to the Bozeman Municipal Code (BMC) Section
38.440, when the Final PUD plan is submitted by the Applicant and approved
by the Director of Community Development.
UNRESOLVED ISSUES:
The Preliminary Plat is conditioned on the approval of the Final PUD.
ALTERNATIVES:1. Recommend approval of the application with the staff-recommended
conditions;
2. Recommend approval of the application with modifications to the
staff-recommended conditions;
3. Recommend denial of the application based on the findings of non-
compliance with the applicable BMC criteria noted in the staff report;
or
4. Continue the public meeting on the application to a later date, with
specific direction to staff or the Applicant to supply additional
information or to address specific items.
FISCAL EFFECTS:
There will be property tax revenue from development within this subdivision
and costs to provide municipal services to that property. However, no
unusual fiscal effects have been identified.
Attachments:
23295 FF II PP MOD CDB staff rpt.pdf
Report compiled on: June 14, 2024
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Community Development Board Staff Report
for the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Project # 23295 Page 1 of 35
Community Development Board, acting as the Planning Board, Staff Report for the
Ferguson Farms II Major Subdivision Preliminary Plat Modification; Application No.
23295
Public Meeting Dates:
Community Development Board, acting in their capacity as the Planning Board, will hold a
public meeting on the Ferguson Farms II Major Subdivision Preliminary Plat Modification on
July 1, 2024 at 6:00 P.M. in the City Hall Commission Room. Electronic access to the meeting
may be available as outlined on the published agenda of the meeting.
The City Commission public meeting on this application 23295 will be held on July 16, 2024
at 6:00 P.M. in the City Hall Commission Room. Electronic access to the meeting may be
available as outlined on the published agenda of the meeting.
Modification Project Description: This is a request to modify the April 4, 2023 approved
Preliminary Plat of the Ferguson Farms II major subdivision (Project No. 19027). The purpose of
the modification is to retain the Maynard Border Ditch irrigation facility at its current location
rather than moving it 30 feet to the west as was originally shown in the approved Preliminary Plat
(PP). This modification results in the reconfiguration of lots west of Ravalli Street and the increase
in the size of the public open space lots by 2.2 acres. In retaining the ditch in its current location,
4 of the buildable lots on the west side of the ditch would be removed and others would be re-
sized.
This need to retain the ditch in its current location was not realized at the March 7, 2023 PP review
and approval. Subsequent and more detailed study of the ditch by the Applicant’s consultant
resulted in the recommendation to retain the channel in place.
As a result of the configuration of the west side of the PP, four public open space lots would be
enlarged as is shown in Figures 8 and 9 below. The total lots in the 31 acre subdivision would be
reduced as follows:
• From 72 lots consisting of 49 commercial lots, 9 parking lots, 14 open space lots and roads and
alleys;
• to a total of 67 lots consisting of 42 commercial lots, 10 parking lots, 15 open space lots and
roads and alleys.
• Off-site improvements include a shared-use pathway along the Site’s perimeter, a bus shelter,
and roads and water and sanitary sewer facilities to serve the development.
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Apart from the retention of the ditch in place, enlargement of the open space lots along the ditch
channel and the reduction in the number and size of lots west of Ravalli Street, the lot size and
configurations east of Ravalli Street remain the same.
The property (“Site”) lies within an Urban Mixed Use (UMU) zoning district and has a
preliminarily approved Planned Unit Development (PUD) overlay (Project No. 19028). The
Ferguson Farms II Preliminary PUD will be deemed a “Legacy PUD”, pursuant to the Bozeman
Municipal Code (BMC) Section 38.440, if and when the Final PUD plan is approved by the
Director of Community Development.
Project Legal Description: Lot 5 of Minor Subdivision No. 295 located in the SW ¼ of Section
10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Project Location: 4250 Fallon Street located at the northwest corner of Ferguson Avenue and
Huffine Lane, south of Fallon Street and east of Resort Street.
Development Review Committee (DRC) Finding: The June 5, 2024 revised Ferguson Farms II
Preliminary plat modification Major Subdivision Modification application conforms to
standards and is sufficient for approval with conditions and code provisions. The
application was deemed adequate for further review on June 6. 2024.
Planning Board Recommended Motion: Having reviewed and considered the application
materials, staff report, public comment, and all the information presented, I move to
recommend approval of Application 23295, the Ferguson Farms II Major Subdivision
Preliminary Plat, as modified, with the staff-recommended conditions and subject to all
applicable code provisions.
Report Date: June 18, 2024
Staff Contact: Susana Montana, Senior Planner
Cody Flammond, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Project Summary
This report is based on the June 5, 2024 revised submittal of the Ferguson Farms II Preliminary
Plat Modification application, and any public comment received to date. The application materials
are available in the City and may be accessed through the Community Development viewer as
well.
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The property owner/Applicant submitted a major subdivision preliminary plat modification
application to create 67 lots from a 31-acre parcel (“Site”). The Site consist of 42 commercially
buildable lots, 10 parking lots,15 open space lots and public streets and alleys.
The final decision for a Major Subdivision Preliminary plat modification with more than 50 lots
must be made within 80 working days of the date it was deemed adequate/sufficient for further
review. The Development Review Committee (DRC) deemed the application adequate for
continued review on June 6, 2024. Pursuant to the Bozeman Municipal Code (BMC) Section
38.240.130, the City Commission shall approve, conditionally approve or deny the subdivision
application by October 1, 2024, unless there is a written extension from the developer, not to
exceed one year.
Public notice by posting the property and first class mailing to adjacent property owners began
June 14, 2024 and will end July 16, 2024 at the Commission meeting. No public comment has
been received to date.
Unresolved Issues
Unresolved issues at this Preliminary plat modification stage, such as those related to trails, streets,
agricultural water facilities and easements, would be resolved with the Final Plat application which
must satisfy the recommended preliminary plat modification conditions of approval and all
relevant Bozeman Municipal Code (BMC) provisions. However, this subdivision does not meet
the standards of the underlying UMU (Urban Mixed Use) zoning designation and cannot be
approved without the separate and first approval of the companion Ferguson Farms II Final
Planned Use Development (PUD) application. This limitation is a condition of approval of this
Preliminary plat modification. The Preliminary PUD application was approved by the City
Commission on March 7, 2023. The Preliminary PUD (P-PUD) must be followed up by an
application submittal and approval of a Final PUD which must be recorded with the Gallatin
County Clerk and Recorder before a Ferguson Farms II Subdivision Final Plat can be approved
and recorded with the Clerk and Recorder. The recording of the Final PUD will enable the
subdivision to meet and be consistent with lot size, street design and other design parameters of
the PUD. This Preliminary Plat Modification submittal was reviewed for consistency with the
March 7, 2023 Ferguson Farms II Preliminary PUD and was found to be in conformity with the
provisions and approved relaxations of the P-PUD and is in conformity with the remaining
provisions and standards of Chapter 38 of the Bozeman Municipal Code (BMC).
Alternatives
1. Recommend approval of the application with the staff-recommended conditions;
2. Recommend approval of the application with modifications to the staff-recommended
conditions;
3. Recommend denial of the application based on the findings of non-compliance with the
applicable BMC criteria noted in the staff report; or
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4. Continue the public meeting on the application to a later date, with specific direction to
staff or the Applicant to supply additional information or to address specific items.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 3
Alternatives ......................................................................................................................... 3
Table of Contents ............................................................................................................................ 4
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ............................................................................... 15
SECTION 3 – PRELIMINARY PLAT MODIFICATION RECOMMENDED CONDITIONS OF
APPROVAL ................................................................................................................................. 15
SECTION 4 - CODE REQUIREMENTS..................................................................................... 20
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 23
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 23
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. ........................... 23
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS………………
26
APPENDIX A – NOTICING AND PUBLIC COMMENT ......................................................... 34
APPENDIX B - OWNER INFORMATION ................................................................................ 34
ATTACHMENT LINKS .............................................................................................................. 35
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SECTION 1 - MAP SERIES
Figure 1. Location Map
Figure 2. Zoning Map; Site is Urban Mixed Use (UMU)
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Figure 3: Community Plan Future Land Use Map—Community Commercial Mixed Use
Site
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Figure 4. Site Existing Conditions Map
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Figure 5: Existing Conditions showing brown areas of “nonwetland forested riparian (Rp1FO)”.
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Figure 6: Maynard Border Ditch through the Site
Skybridge alignment in red, east of the Ditch
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Figure 7: March 7, 2023 approved Preliminary Plat (Project 19027)
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Figure 8: Proposed Preliminary Plat Modification (Project 23295)
Cross hatch areas indicate
parking areas. Condo garages
denoted by
15 open space lots
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Figure 9: Proposed Preliminary plat Modification Open Space Plan
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Figure 10: Preliminary Plat Modification Phasing Plan
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Figure 11: Ferguson Farms II Land Use Map
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SECTION 2 – REQUESTED VARIANCES
The Applicant seeks no subdivision variances because the Applicant is seeking approval of a Final
Planned Unit Development (PUD) that would grant 24 of the originally requested 26 deviations
and waivers from Bozeman Municipal Code (BMC) land use, design and development standards.
The proposed Preliminary Planned Unit Development (P-PUD) was approved on March 7, 2023
and a Final PUD must be approved and recorded with the County Clerk and Recorder prior to
consideration for approval of a Final Ferguson Farms II Subdivision in order for the lots therein to
meet the zoning standards of the PUD and of the Bozeman Municipal Code (BMC). The approved
P-PUD, Project No. 19028, includes 24 of the 26 requested deviations/relaxations from the BMC
that are loosely grouped as:
(1) Allowing various commercial uses as principal uses which are conditional or are not otherwise
permitted in the UMU district per Tables 38.310.040.A through E;
(2) exemption from the Section 38.310.050 requirements for (a) a mix of uses within each site
plan; (b) the 70% maximum gross square footage limitation for a single use, such as office, for
the entire Site; and (c) the requirement that a minimum of 70% of the ground level block
frontages must be occupied by a specific ratio of non-residential uses;
(3) exemption from the ground floor commercial space requirements of 38.330.010.E.2;
(4) building height increases over the 60’ maximum for the UMU district per Table 38.320.050 to
90’ and 6 stories throughout the Site;
(5) exemption from minimum and maximum number of parking requirements of 38.330.010.F and
38.540 and 38.550.
(6) Tables 38.540.050-1 through 3 and exemption from the requirement that bicycle racks must be
located within 100 feet from the building serves per 38.540.050.A.4.b;
(7) alternate on-street parking layouts to allow angled back-in parking spaces;
(8) alternate Block Frontage designations and setback relaxations per 38510.030.L;
(9) landscaping and tree planting exemptions per 38.550; and
(10) building front setback relaxations per 38.510.
SECTION 3 – PRELIMINARY PLAT MODIFICATION RECOMMENDED
CONDITIONS OF APPROVAL
The following conditions of approval and code provisions are offered to satisfy City and relevant
State requirements as well as site-specific mitigation for potential adverse impacts associated with
development of the proposed subdivision. The conditions of approval are in addition to any
required code provisions identified in this report. The conditions are specific to the preliminary
plat modification application. Staff has considered the impacts as identified in the staff analysis
and application materials and these conditions of approval are deemed reasonably related and
roughly proportionate to the development of this subdivision.
(1) This Preliminary plat modification does not meet current UMU zoning and Bozeman
Municipal Code (BMC) land use, design and development standards. These deficiencies,
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deviations and waivers are included in the approved proposed Ferguson Farms II Preliminary
Planned Unit Development (P-PUD) application, Project No. 19028. A Final PUD must be
administratively approved before the Final Plat for this subdivision may be approved by the
City Commission.
(2) BMC 38.400.090. Prior to approval of the Final Plat, the Applicant shall record proper legal
lot access easements and a deed restriction for the following 6 lots to provide adequate legal
and physical access to public or publicly accessible streets or alleys: Lot 1B, Block 8; Lots
1B and 1C, Block 3; Lots 1B and 1C of Block 7; and Lot 4 of Block 6.
(3) The Applicant must execute and record the applicable Special Improvement District (SID)
waivers and a copy of the recorded waiver document shall be submitted to the Director of
Transportation and Engineering prior to Final Plat approval. When approved, 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 Ferguson Avenue between Huffine Lane and Babcock Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Huffine Lane between Cottonwood Road and Fowler Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c) Street improvements to Fallon Street between Cottonwood Road and Ferguson Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d) Street improvements to Ravalli Street between Fallon Street and Ferguson Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e) Street improvements to Resort Drive between Huffine Lane and Babcock Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
f) Intersection improvements at Ravalli Street and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g ) Intersection improvements at Resort Drive and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h) Intersection improvements at Ferguson Avenue and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i) Intersection improvements at Ferguson Avenue and Huffine Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j) Intersection improvements to Resort Drive and Huffine Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
k) Intersection improvements to Cottonwood Road and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
l) Intersection improvements to Resort Drive and Babcock Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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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 combination thereof. The applicant must provide a copy of the filed SID
waiver to the City Engineer prior to Phase 1 final plat approval.
(4) Prior to Phase 1 final plat approval, 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 all of the streets in the
subdivision including snow removal, pavement maintenance, and all other maintenance
functions of the streets."
(5) The Applicant must identify the 100-year flood hazard area on the Final Plat prior to Phase
1 Final Plat approval.
(6) Parking lots providing primary access and parking for multiple lots must be constructed prior
to the corresponding final plat phase approval.
(7) The Final Plat Condition of Approval block on Plat Page 4 shall have a condition that reads:
"Due to known high groundwater in the area, no basements are permitted with future
development of the site. No crawl spaces are permitted with future development of the site
unless a professional engineer registered in the State of Montana certifies that the lowest
point of any proposed structure is located above the seasonal high groundwater level and
provide supporting groundwater data prior to release of a building permit. In addition, sump
pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not
allowed to be connected to the drainage system unless capacity is designed into the drainage
system to accept the pumped water. Water from sump pumps may not be discharged onto
streets where it may create a safety hazard for pedestrians and vehicles.”
(8) The Final Plat Conditions of Approval block on Page 4 shall include the following condition
of approval: "The back-in angled parking is to be maintained by the property owners'
association, which includes snow removal, pavement maintenance, and all other maintenance
functions of the back-in angle parking spaces."
(9) The following condition of approval must be included on the Conditions of Approval block
on Page 4 of the plat. "Lot access must be constructed to the standard set forth by the City of
Bozeman Design Standards and Specifications Policy, and the City of Bozeman
Modifications to the Montana Public Works Standard Specifications per Bozeman Municipal
Code requirements."
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(10) This subdivision provides a sidewalk along the bordering public streets as well as along
internal streets. Prior to Final Plat approval, the Applicant must provide an easement for the
portion of the proposed eight-feet wide, paved shared use trail that exists outside of the public
right-of-way. The Class I shared use trails abutting the subdivision along the Huffine Lane
and Ferguson Avenue frontages must be widened from 8 feet to 10 feet, an 8-foot wide Class
I trail shall be installed along the Fallon Street frontage, and a 10-foot wide Class I trail shall
be installed along the Resort Drive frontage concurrent with any first phase construction of
this subdivision.
(11) The following condition of approval must be added to the Conditions of Approval block on
Plat Sheet 4 prior to Final Plat approval: "The Property Owners Association is responsible
for repair and replacement of any special surface finishes, including but not limited to
stamped concrete, in the public right-of-way including for damage during City maintenance,
repair, or replacement of utilities beneath the public right-of-way."
(12) The following language must be added to the covenants, conditions, and restrictions
document prior to Final Plat approval. "The Property Owners Association is responsible for
repair and replacement of any special surface finishes, including but not limited to stamped
concrete, in the public right-of-way including for damage during City maintenance, repair,
or replacement of utilities beneath the public right-of-way. The City will return the land to a
finished grade but will not be responsible for any repair or replacement of any special surface
finishes."
(13) Prior to Phase 1 Final Plat approval, a separate left hand turn lane located in the east bound
direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue must be
installed. Improvements must satisfy all City of Bozeman design standards. All installed
improvements must be formally accepted by the City prior to Phase 1 Final Plat approval.
(14) Prior to Phase 1 Final Plat approval, Ferguson Avenue must be reconstructed in order to
provide a two-way left turn lane from the intersection of Huffine Lane through Fallon Ave.
Improvements must satisfy all City of Bozeman design standards and must include bicycle
and pedestrian facilities. All installed improvements must be formally accepted by the City
prior to Phase 1 Final Plat approval.
(15) Prior to Phase 1 final plat approval, the applicant must install a right hand deceleration turn
lane on Huffine Lane at Brookfield Ave, depending on Montana Department Transportation
(MDT) approval. Improvements must satisfy all City of Bozeman and MDT design
standards. All installed improvements must be formally accepted by the City prior to Phase
1 Final Plat approval.
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(16) Prior to Phase 2 final plat approval, the applicant must install a right hand deceleration turn
lane on Huffine Lane at Resort Drive, depending on Montana Department Transportation
(MDT) approval. Improvements must satisfy all City of Bozeman and MDT design
standards. All installed improvements must be formally accepted by the City prior to Phase
2 Final Plat approval.
(17) The applicant must provide the necessary additional right-of-way for a separate left turn lane
located in the east bound direction of Fallon Street at the intersection of Fallon Street and
Ferguson Avenue per BMC 38.400.060.
(18) The Final Plat submittal must contain the updated flood hazard evaluation which must be
provided with an infrastructure review and include the post-developed basin exhibit and
channel dimensions for the Maynard Border Ditch.
(19) The Applicant must provide the necessary additional right-of-way for a separate left turn lane
located in the east bound direction of Fallon Street at the intersection of Fallon Street and
Ferguson Avenue prior to Final Plat approval.
(20) Prior to Final Plat approval, the Applicant must provide a utility exhibit that shows the
proposed layout of the subdivision's water, sewer, stormwater, and other relevant utilities
that satisfies the City’s engineering design standards and specifications policy (DSSP). If
additional easement or right-of-way is required to satisfy DSSP requirements with the
updated utility layout, the necessary right-of-way or easement must be provided prior to Final
Plat approval.
(21) The Applicant must add a note to the conditions of approval sheet of the Final Plat which
states the following: “All stormwater infrastructure located in the subdivision (Insert Final
Subdivision Name) including stormwater infrastructure located within the public right-of-
way must be maintained by the property owners' association (Insert Final Property Owners
Association Name as recorded in the CC&Rs)”.
(22) The Applicant shall provide a full Design Report for Water, Sewer and Stormwater for this
project, including all the appendices, with the final plat submittal.
(23) The subdivisions stormwater maintenance plan must clearly state the following condition:
“All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name)
including stormwater infrastructure located within the public right-of-way will be maintained
by the property owners' association (Insert Final Property Owner's Association Name as
recorded in the CC&Rs)." The approved stormwater plan must be incorporated into the
property owners’ association documents and a copy of the documents demonstrating the
inclusion of the stormwater maintenance plan must be provided prior to Final Plat approval.
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SECTION 4 - CODE REQUIREMENTS
1. The Final Plat must comply with State statute, Administrative Rules of Montana, the
Bozeman Municipal Code and an adopted Ferguson Farms II Final Planned Unit
Development.
2. BMC 38.100.080.A. Any unmet code provisions, or code provisions that are not
specifically listed as a condition of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
Sections 3 and 4 of this report identify conditions and code corrections necessary to meet
all regulatory standards.
3. BMC- 38.400.020.A.2- The applicant must submit a draft maintenance plan for open
spaces and common areas and associated legal instrument in accordance with BMC
38.220.320 with the final plat submittal.
4. BMC.38.400.060. All easements, existing and proposed, must be accurately depicted and
addressed on the Final Plat and in the Final Plat application. Public utilities must be located
within dedicated street right of ways. Utility easements need to be provided and granted
with the Final Plat in accordance with public and private design standards.
5. BMC 38.220.060.A.9. and 38.410.130. Water Adequacy: The City Water adequacy code
must be satisfied at the final plat approval. The CILWR fee determination will occur with
the final plat applicant and must be paid prior to approval.
Prior to final plat approval, the pre-determination from the DNRC demonstrating that the
irrigation wells may be permitted under Montana’s exempt appropriation must be
provided. The water rights for the proposed well must be obtained prior to the final plat
application, otherwise, the irrigation demand will be included in the developments
CILWR fee. If the permitting for well no. 1 can’t be filed with the final plat since the well
has not been put to use, the well and the equivalent CILWR fee for the irrigation demand
must be included in an improvement agreement prior to final plat approval.
Water adequacy code requirements will be deferred for the commercial lots until future
development. No cash-in-lieu of water rights will be paid for these lots. A note must be
included on the plat to notify future owners of the restriction pursuant to 38.410.130.C
and approved by Staff prior to final plat approval.
6. BMC 38.410.130 (A) (1) Water rights -With future site plan applications, the Applicant
must contact the Engineering Department to obtain a determination of cash-in-lieu of water
rights (CILWR). CILWR must be paid prior to the approval of the corresponding site plans.
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7. BMC 38.410.060.D- An agricultural water user facility easement meeting the requirement
of 38.410.060.D.1. must be dedicated with the final plat and a notice must also be recorded
with a Final Plat or prior to Final PUD plan approval, stating that the easements are subject
to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch
easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA
regarding duties and liability. The notice must include language to assure the duties are
binding upon all successors in interest and remain in effect until such time that the
agricultural water user facility is abandoned in accordance with the requirements of
Montana Law or alternative requirements are agreed to in writing by all applicable parties.
The easements must be prepared as documents separate from a Final Plat but may be
referenced on a Final Plat.
8. BMC 38.410.060.4.D and D.3. Prior to Final Plat approval a professional engineer must
certify that the water entering and existing the realigned Maynard Border Ditch is of the
same quality and quantity that entered or exited the facility prior to development. If there
will be a change to the quality and amount of water that entered or exited the facility,
including any change to the historic stormwater discharge to the facility, the certification
must clearly identify the change and the Maynard Border Ditch Company must provide
written approval of the change. Both the certification and written approval must be
provided with the Final Plat application. If approval cannot be obtained and a material
modification to the subdivision is needed, then a preliminary plat modification application
is required to be resubmitted for review, per BMC 38.100.070.B.
9. BMC 38.600.170. - All public water and sewer mains must be placed in a casing pipe when
crossing the Maynard Border Ditch to a minimum of 10 feet beyond the adjacent top of
channel. This distance may need to be increase depending on main depth as determined by
the City during the subdivision infrastructure review.
10. BMC. 38.410.060. Prior to Final Plat approval, the Applicant shall clearly state on the plat
who is responsible for the maintenance of the proposed culverts and pedestrian crossing
along the Maynard Border Ditch.
11. BMC 38.410.060. Prior to Final Plat approval, the Applicant must provide written approval
from the Maynard Border Ditch Company for any alteration to the Maynard Border Ditch
or its maintenance easements.
12. BMC 38.600.170. D. - The Final Plat shall depict on the condition of approval sheet the
location of the post-developed flood hazard area.
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13. BMC 38.270.030 Completion of Improvements - The City acknowledges the receipt of the
Applicant’s request for completion of improvements per Subsection B.1.b.2 and concurrent
construction per Subsection D. The Applicant is advised that the requirements of
Subsection B.1.b.2 must be fulfilled prior to Final Plat approval and the requirements of
Subsection D must be fulfilled prior to building permit approval.
14. BMC 38.410.060-The Applicant must provide an easement for the portion of the proposed
eight-foot shared use path that exists outside of the public right-of-way prior to final plat
approval.
15. BMC 38.410.060- The Applicant must provide an easement for the portion of the 10-foot
sidewalk along Resort Drive that exists outside of the public right-of-way prior to final plat
approval. The easement must extend a minimum of one foot past the edge of the sidewalk.
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SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
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.
On June 6, 2024, the Development Review Committee (DRC) determined that the application is
adequate for continued review and found that application conforms to standards and is sufficient
for approval with conditions and code provisions based on the staff analysis and findings described
below in Section 6 of this report.
The public meeting date for the City Commission consideration of this application is July 16, 2024
at 6:00 PM. The meeting will be held at City Hall in the Commission Meeting Room.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B.
In considering applications for subdivision approval under this title, the Community Development
Board, other relevant advisory boards and the City Commission shall consider the following
criteria:
1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting
Act.
The preliminary plat modification has been 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 outlined in Code Provision Number 1, the Final
Plat must comply with State statute, Administrative Rules of Montana, and the Bozeman
Municipal Code. A conditions of approval sheet must be included with the Final Plat and updated
with any additional required notations as required by Preliminary plat modification conditions or
code provisions.
2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act and review processes per BMC 38.240.150.
a. The Final Plat must comply with the standards identified and referenced in the Bozeman
Municipal Code (BMC). This subdivision application does not meet specific Urban Mixed Use
(UMU) zoning provisions of the BMC and, therefore, cannot be approved unless and until the
Applicant’s requested Ferguson Farms II Final Planned Unit Development (F-PUD) application
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is approved by the City Commission. Condition of Approval No. 1 requires the Final PUD
approval prior to approval and recordation of the Ferguson Farms II Subdivision Final Plat.
b. The Final Plat must comply with the standards of the BMC regarding streets, access and
other Article 4 standards. As noted in Condition of Approval No. 1, the Director of Transportation
and Engineering must grant the requested BMC Article 4 deviations and waivers as part of the P-
PUD application before this Final Plat can be approved. Per Condition No. 2, legal access must
be provided to all lots within the subdivision prior to approval of the Final Plat.
c. The Applicant is advised in Code Provision No. 2 that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Sections 3 and 4 of this report identify conditions and code provision corrections necessary
to meet all municipal regulatory standards. Therefore, it is expected that upon City Commission
approval of the requested P-PUD and upon satisfaction of all conditions and code corrections, the
subdivision would comply with local subdivision regulations.
3. Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act.
The Applicant requested subdivision review under the terms of 76-3-601 to 608 and BMC
38.240.150. The Preliminary Plat Modification application was initially received on September
26, 2023 and was deemed inadequate for further review. Revised application materials were
received on June 5, 2024 and the City deemed the application adequate for review on June 6, 2024.
A public meeting is scheduled for July 16, 2024 for consideration by the City Commission.
The meeting before the City Commission has been properly noticed as required by the BMC.
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, staff will forward a
recommendation via a staff report to the City Commission who will make the final decision on the
Applicant’s request.
The final decision for a Major Subdivision Preliminary plat modification with more than 50 lots
must be made within 80 working days of the date it was deemed adequate (June 6, 2024). Pursuant
to BMC 38.240.130 the City Commission was to approve, conditionally approve or deny the
subdivision application by October 1, 2024 unless there is a written extension from the developer,
not to exceed one year.
Public notice for this application was given beginning on June 14, 2024 and ending July 16, 2024.
As of the June 18, 2024 date of this staff report, no public comment has been received.
Compliance with Chapter 38, BMC and other relevant regulations.
Community Development staff and the City’s Development Review Committee (DRC) reviewed
the preliminary plat modification application against all applicable regulations of the Bozeman
Municipal Code (BMC). Based on review of the DRC and the Department of Community
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Development all applicable regulations are met if all conditions of approval and BMC code
requirements are satisfied and the Final PUD is approved, and its own conditions and code
provisions are satisfied. Pertinent code provisions and recommended conditions of approval are
included in this report for your consideration in Sections 3 and 4 above. All municipal water and
sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the City of Bozeman Design Standards and
Specifications Policy and Public Works Standard Specifications, except for modifications
approved by the Director of Transportation and Engineering as part of the Applicant’s P-PUD
deviation/modification requests.
16. Documentation of Compliance with BMC 38.220.060 to identify impacts to
surrounding assets.
A subdivision pre-application plan review was completed by the Development Review Committee
(DRC) for the 2023-approved Preliminary Plat on June 9, 2021. One was not required for this
Modification (MOD) application.
This Preliminary plat modification must address the review criteria of Section 76-3-608 (3)(a) and
clearly identify potential impacts of the subdivision on agriculture, agricultural water user
facilities, local services, the natural environment, wildlife, wildlife habitat and public health and
safety. Those parameters are addressed in the following Section 38.220.060.A. 1 through 19. The
Development Review Committee (DRC) completed a subdivision pre-application plan review, and
no variances were requested. Staff offers the following summary comments on the documents
required by BMC 38.220.060.
Staff offers the following summary comments on this supplemental information.
1. Surface Water. A portion of the agricultural irrigation ditch Maynard Border Ditch bisects
the Site in a north-south orientation and flows in a northerly direction approximately 225 feet east
of the western border of the property. A May 9, 2023 wetland delineation investigation, updated
on September 5, 2023, was conducted and the findings included the following:
“The system qualifies as a lower perennial streambed with cobble-gravel (R2SB3)
(Cowardin 1979). A stormwater pit occurs in the northwest area of the property; however,
it does not qualify as a wetland or waterway. Common species along the channel include
balsam popular cottonwood (Pupulus balsamifera, FAC) and reed canary grass (Phararis
arundinacea, FACW)). The aquatic system qualifies as a Class III wetland-channel system
(Appendix E). The channel bed and wetland fringe would require a MT 310 and Section
404 permit to impact, along with a DEQ 401 and 318. A 50-foot setback would be required
by the City of Bozeman along the wetland fringe.” [Lynn Bacon, TerraQuatic, LLC, June
9, 2023 Ferguson Farm Aquatic Resources Delineation Summary report.]
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The September 5, 2023 report classifies the area along the edge of the Maynard Border Ditch
channel as a “wetland fringe”. This staff report refers to the area along the ditch channel as such.
The Preliminary Plat Modification provides a 50-foot building setback from the Maynard Border
Ditch wetland fringe boundary, as measured from the ordinary high water mark which extends to
the width of the wetland fringe (see Figure 6). The Maynard Border Ditch is an open channel
irrigation ditch whose water is controlled by a headgate. This PP modification assures that the
ditch will remain an open channel at its current location. To accommodate the proposed Ferguson
Farms II development, four road crossings and four pedestrian bridge crossings of the ditch would
be required. Three of the road crossings would be designed with open-bottom box culverts and
the alley crossing would be designed with a 36” by 58” by ½” RCP arch culvert. The pedestrian
bridges would span the ditch and its wetlands fringe and would have a minimum separation of two
feet between the bottom of the bridge and the top of the wetland vegetation. The affected areas of
the ditch would be revegetated by professional landscapers as soon as feasible. Riprap would be
placed at the inlet and outlet of the arch culvert to control erosion. Construction of the crossings
will be coordinated with the Maynard Border Ditch Company so that it occurs outside of the
irrigation season while the channel is dry (after October 15 and prior to April 15) to minimize
impacts to the water flow or to the bed and banks of the watercourse. The applicant has obtained
310 permit approval from the local conservation district and is currently working through the 404
permit process with the Corps of Engineers.
The area around the open channel ditch would be developed as an open space amenity of the
development (see Figure 9). Portions of the ditch would lie within public open space of Blocks 4,
5 and 6 and Lot 4 of Block 6 (see Figure 8). The open space areas along the ditch alignment
would be increased by 2.2 acres and buildable lots west of Ravalli Street would decrease by that
much.
2. Floodplains. Stormwater – There is an existing stormwater pond in the northwest corner of the
Site that would be replaced with underground stormwater detention chambers and would discharge
into the existing Maynard Border Ditch. The Ditch is a controlled irrigation conveyance facility
and does not have an associated floodplain. All required permits for the ditch crossings would be
obtained prior to the start of construction. The subdivision must construct storm water management
and water quality facilities conforming to standards of the Bozeman Municipal Code. The
maintenance of the stormwater facilities is the responsibility of the Property Owners’ Association
(POA) as outlined in Conditions 21 and 23. Inspection of installed facilities prior to Final Plat will
verify that standards have been met. Conditions 5 and 18 would ensure mitigation of post-
development flood hazard areas and, therefore, no significant negative impacts to the natural
environment are anticipated.
Based on the project’s flood evaluation study findings, a certain amount of stormwater runoff will
be generated by the development within the subdivision and will contribute to water levels in the
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Maynard Border Ditch which it is believed can be accommodated by the capacity of the culvert
and open ditch. Conditions 5 and 23 assure that the Maynard Border Ditch is maintained properly
to accommodate this flow.
3. Groundwater. Static groundwater level is reported to be 6 feet below ground surface.
The Applicant provided monitoring wells to establish seasonal minimum and maximum
groundwater depths. Groundwater degradation would be minimized through a series of
underground infiltration chambers. These chambers would capture runoff from the parking areas
and other hardscape features within the subdivision. Stormwater would then infiltrate and recharge
the groundwater within the area.
Because the site is in a potential 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 No. 7 prohibits crawl spaces or basement without first consulting a professional
engineer certified in the State of Montana who would certify that groundwater would not harm
these structures. This requirement would protect both future structure owners from future hazards
of flooding and lessen burdens on the public from illicit discharges.
4. Geology, Soils and Slopes. The site is relatively flat, sloping 1 to 2% to the north and
northwest. No unusual or hazardous geological features are present on the subdivision site. No cut
or fill greater than 3 feet is anticipated. The soils present are loamy soils characterized by poor-
draining to well-draining soils generally found in irrigated farmland. No hydric soils are present,
or evidence of soils typically associated with wetlands. A SWPPP will be prepared for this project
prior to the start of construction.
5. Vegetation. The property has been vacant for several years and has not been used
agriculturally in the recent past. No critical vegetation species exist on the Site. The native grasses
are occasionally mowed during the growing season for weed control. An approved weed
management plan has been prepared by the Applicant and approved by the County Weed
Management Department. Responsibility for weed management must be provided recorded with
the subdivision Covenants, Conditions and Restrictions (CC&R) document clarifying that the
Property Owner Association (POA) is responsible for implementing and enforcing the weed
management plan.
There are some existing Aspen and Cottonwood trees in the vicinity of the Maynard Border Ditch.
The Applicant states that, when possible, these trees would be preserved. Trees and shrubs would
be trimmed to eliminate any existing hazards.
6. Wildlife. No animals listed under the “Animal Species of Special Concern”, (Montana
Natural Heritage Program, Helena, 2003) have been observed or are known to occupy the property.
Habitat most suitable for wildlife includes the area around the Maynard Border Ditch vegetation.
When possible, these trees and shrubs will be retained in place. Any tree or shrub needing to be
removed and which contain a bird nest will be removed after nesting season, late August through
March.
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7. Agriculture. The property, previously in agricultural cultivation, has been fallow for a
number of years. Due to development in the area and anticipation of development of the property
by the owner, no agricultural practices have been performed on the property for several years.
8. Agricultural Water User Facilities. The Maynard Border Ditch agricultural irrigation
facility lies east of the western boundary of the Site. The ditch would remain in place and would
continue to flow as an open channel through the Site and would function as it has been per
Conditions 5 and 18.
9. Water and Sewer. Water rights exist for the subject property. Water for domestic use
and fire protection will be provided by connections to the City of Bozeman water system. The
proposed water mains will connect to existing water mains in Resort Drive, Fallon Street, and
Ferguson Avenue. The Applicant proposes to contribute cash-in-lieu of water rights (CILWR) to
the City which must be paid prior to approval of specific site plan(s) within the subdivision, per
Code Requirements No. 5 and 6.
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing
sanitary sewer collection system. The sewer system will connect to the 8” main in Fallon Street at
two locations and the 8” main in Resort Drive at one location. From there, sanitary sewage will be
conveyed to and treated at the City of Bozeman’s Water Reclamation Facility.
10. Stormwater Management.
Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then
underground via storm drain piping to underground stormwater retention and detention chambers
in the Open Space parcels. The subdivision will not significantly impact stormwater infrastructure.
The stormwater systems would be designed to meet City standards and would be maintained by
the property owners’ association (POA) per Conditions 21 and 23.
11. Streets, Roads and Alleys.
a. Streets –
The proposed Ferguson Farm II PUD Subdivision has legal access onto Huffine Lane, Resort
Drive, Ferguson Avenue, and Fallon Street. The proposed roads will match the established
(existing) street grid structure and be within dedicated rights-of-way (ROW). Local streets will
have the standard 60’ right-of-way except for small portions of Valley Commons Drive and
Brookfield Avenue where the right-of-way is 101’ and 85’, respectively. Four way stops will be
installed along Resort Drive where Field Street and Valley Commons Drive intersect Resort Drive.
The drive aisle and parking areas surrounding the lots in Blocks 4,5 and 6 will be constructed by
the developer prior to development of said lots. The access easements necessary to provide access
to these lots will be recorded with the final plat that creates said lots.
Per the recommendation of a geotechnical engineer, the pavement design section for the Ferguson
Farm II Subdivision is 3” asphalt surface course over 6” of 1-1/2” minus crushed gravel base
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course over 18” of 6” minus pit run sub-base course. This section will be checked per the AASHTO
Guide for Design of Pavement Structures during the construction design development.
Road maintenance for all streets will be provided by the Property Owner’s Association after the
improvements have been accepted by the City. Erosion and siltation control will be exercised
during construction by using the appropriate best management practices as outlined in “Montana
Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water Quality
Bureau.
ATS performed a trip generation analysis to determine the anticipated future traffic volumes from
the development using the trip generation rates contained in Trip Generation (Institute of
Transportation Engineers, Tenth Edition). These rates are the national standard and are based on
the most current information available to planners. A vehicle “trip” is defined as any trip that either
begins or ends at the development site. ATS determined that the critical traffic impacts on the
intersections and roadways would occur during the weekday morning and evening peak hours. At
full development the Ferguson Farm II development would produce 976 AM peak hour trips, 1,337
PM peak hour trips, and 13,066 daily trips. Refer to the Traffic Impact Study included in Appendix
I for more detailed information of traffic generation.
Lot access must meet City standards per Condition numbers 2, 6, and 9 and access must be
improved to accommodate development-generated traffic per Conditions 4, 11, 12, 13, 14, 15, 16,
17 and 19.
Condition 3 requires the Applicant to record waivers to applicable Special Improvement Districts
is established to serve the project and area including Street improvements to Ferguson Avenue,
Huffine Lane, Fallon Street, Ravalli Street, Resort Drive; intersection improvements to Ravalli
and Fallon streets, Resort and Fallon streets, Ferguson and Fallon streets, and Ferguson and
Huffine streets.
b. Parking Conditions – The PUD that enables this subdivision provides several BMC waivers and
deviations. These include: (1) no minimum or maximum number of required parking spaces; (2)
minimum landscape screening of surface parking lots that border the subdivision; (3) common
parking areas for all tenants, workers and visitors to the Site; (4) condominium parking spaces
within structured parking garages located within surface parking lots; and (5) “back-in” angled
parking spaces along internal streets. The back-in angled parking must be approved by the Director
of Transportation and Engineering as noted in Condition 8
c. Walkability, Transit and Bikeability. This subdivision provides a sidewalk along the
bordering public streets mentioned above as well as along internal streets. The Class I shared use
trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be
widened from 8 feet to 10 feet. An eight-foot wide Class I trail shall be installed along the Fallon
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Street frontage and a ten-foot wide Class I trail shall be installed along the Resort Drive frontage
concurrent with any first phase construction of this subdivision per Condition No. 10.
A traffic analysis for this subdivision revealed that certain improvements and upgrades are needed
to adequately serve the proposed development within this subdivision and to mitigate potential
adverse impacts to the traveling public as noted in Conditions 13, 14, 15, 16, 17, and 19.
With Conditions 13, 14, 15, 16, 17, and 19, the subdivision would not significantly impact the
City’s street infrastructure.
12. Utilities. This subdivision would not significantly impact utilities. Standard 10-ft utility
easements would be provided across all lots. All public and private utilities are available in the
area to serve this subdivision.
13. Land Use. This subdivision proposes 9 block and 67 lots consisting of the following uses:
42 lots for commercial uses, 10 parking lots and 15 open space lots.
Proposed Land Use Square Footage Acres Percent of Total
Rights of Ways 216,773.11 4.98 16.04%
Parking Lots 282,750.35 6.49 20.92%
Buildings 245,933.45 5.65 18.20%
Sidewalks 217,552.61 4.99 16.10%
Elevated Walkway 10,587.71 0.24 0.78%
Stream 8,580.68 0.20 0.63%
Landscaped area 369,401.77 8.48 27.33%
Total 1,351,579.68 31.028 100%
14. Parks and Recreation Facilities. Parkland dedication is not required of this wholly
commercial development. Should residential use be proposed in the future, as a site plan
application of any of the lots, parkland would be required. However, 15 publicly accessible open
space lots spread throughout the subdivision would be provided. These open space parcels will be
maintained by the subdivision Property Owners’ Association.
15. Neighborhood Center Plan. Neighborhood centers are required for subdivisions of 10-
acres or more per 38.410.020. This subdivision is 31-acres and proposes a neighborhood center
within the subdivision located along the Maynard Border Ditch open space lots as shown in Figure
9. This neighborhood center would feature a skyline bridge following the ditch alignment.
Benches and other pedestrian facilities would be constructed within the open space lots and along
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the above-grade skyline bridge feature to allow pedestrians to relax and enjoy views of the
surrounding viewscapes.
16. Lighting Plan.
No lights are proposed around the perimeter of the subdivision except at the road intersections
with Huffine Lane, Ferguson Avenue, Fallon Street, and Resort Drive. Internally, there are
streetlights along the local streets and within the parking lots. The lights are spaced to provide
adequate security lighting and provide safe illumination for pedestrians walking after dark. The
preliminary lighting plan for streets and alleys therein is in accordance with the requirements of
the BMC. Each light spacing and design would meet City of Bozeman Design Standards and
Specifications Policy.
17. Miscellaneous.
a. Health and Safety. With the recommended conditions of approval and required code
provisions, the subdivision is not expected to adversely impact public health and safety. The intent
of the regulations in Chapter 38 of the Bozeman Municipal Code (BMC) is to protect the public
health, safety and general welfare. The subdivision has been reviewed by the Development
Review Committee (DRC) which has determined that it is in general compliance with the BMC
standards, as amended by the anticipated Final PUD, and with recommended conditions and code
provisions. Conditions deemed necessary to ensure compliance have been noted throughout this
staff report. Code provisions Numbers 1 and 2 require full compliance with all applicable State
and BMC code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code
Annotated (MCA) and as a result, the Department of Community Development has reviewed this
application against the listed criteria and further provides the following summary from Applicant
submittal materials and requirements. It is noted that all infrastructure would meet City standards
as amended by the proposed Final PUD and as approved by the Director of Transportation and
Engineering per the P-PUD requests.
b. Historical Features. Damon Murdo, Cultural Records Manager of the Montana Historical
Society, has not noted any previously designated cultural properties in the area. If any historic
items are discovered during construction, the State Historic Preservation Office would be
contacted.
18. Affordable Housing. Not applicable. There is no residential use proposed for this
subdivision.
19. Adopted Growth Policy Consistency.
Project Site zoning and Growth Policy implications:
The subdivision land (Site) is designated “Community Commercial Mixed Use” in the Bozeman
Community Plan Future Land Use Map.
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This category is intended to “promote 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 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.”
Staff Comment: The Site is zoned Urban Mixed Use (UMU) which is an implementing
zoning district for the Community Commercial Mixed Use Future Land Use designation. The
subject property was annexed to the City in 2000 by the Applicant and it was initially zoned
Business Park (B-P) District. In March 2006, the Applicant submitted a zoning text amendment
application to create a new zoning district called Urban Mixed Use District (UMU). In
August 2007, by Ordinance No. 1681, the Urban Mixed Use District (UMU) was established.
In April 2008, at the request of the Applicant, the 31-acre subject property was rezoned from
B-P, Business Park District to the new UMU District by Ordinance No. 1745. This is the only
UMU-zoned land in the City.
According to the Bozeman Municipal Code/ Unified Development Code: “Urban mixed-use
zoning district (UMU) The intent and purposes of the UMU urban mixed-use district are to
establish areas within the city that are mixed-use in character, and to set forth certain minimum
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standards for development within those areas which encourage vertical mixed-use development
with high density. The purpose in having an urban mixed-use district is to provide options for a
variety of employment, retail and community service opportunities within the community, with
incorporated opportunity for some residential uses, while providing predictability in uses and
standards to landowners and residents. There is a rebuttable presumption that the uses set forth
for each district will be compatible both within the individual districts and with adjoining zoning
districts when the standards of this chapter are met, and any applicable conditions of approval
have been satisfied. Additional requirements for development apply within overlay districts.
Although the Applicant wanted the UMU District designation, the final design of the proposed
development of the property did not match the specific standards of the District. The Applicant
subsequently submitted a Planned Unit Development (PUD) application which proposed
amendments to the UMU District standards and to the Bozeman Unified Development Code
(UDC) and which proposed design and development standards that are tailored to the development
proposed for the property. This Ferguson Farms II Planned Unit Development Preliminary Plan
was reviewed and adopted/approved by the City Commission in a Findings of Fact and Order on
March 28, 2023.
Staff Comment: The proposed 31-acre subdivision is a wholly commercial development
with 67 lots consisting of 42 buildable lots, 15 open space lots, 10 parking lots and roads and
alleys. The Community Commercial Mixed Use Community Plan Future Land Use Map (FLUM)
designation would recommend residential uses within the mix of land uses; however, it is not
required. The UMU, Urban Mixed Use zoning designation would also recommend residential uses
as part of the mix of land uses, but it is not required. Should an individual developer of a particular
lot choose to include residential uses, both the FLUM and the UMU zoning would allow it. The
Preliminary Plan for the Ferguson Farms II Planned Unit Development proposes deviations that
would not preclude housing within this development. Except for the requested deviations in
development standards and mix of uses, the March 7, 2023 approved P-PUD is consistent with the
Community Commercial Mixed Use land use designation.
5. The provision of legal access and easements to and within the subdivision for the location and
installation of any necessary utilities.
Condition of Approval No. 2 requires the Applicant to provide legal and physical access to each
lot pursuant to UDC and State Statute. Code Provision No. 4 requires all easements, existing and
proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat
application. Public utilities must be located within dedicated street right of ways. Utility easements
need to be provided and granted with the Final Plat in accordance with public and private design
standards.
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Community Development Board Staff Report for
Ferguson Farms II Major Subdivision Preliminary plat Modification; Project 23295 Page 34 of 35
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.
Access to the property is from Ferguson Avenue, Huffine Lane, Fallon Street and Resort Drive
which are City-owned and maintained roads. However, within the subdivision, there are 6 lots to
be developed exclusively for structured parking that do not have legal and physical access to a
public street as required by BMC Section 38.400.090.B.2 and State Statute. The Preliminary PUD
requested a waiver from this requirement. However, due to State Statutes, legal and physical
access to a public or publicly accessible street or alley or “green corridor” must be provided to
each lot. This requirement cannot be waived. Some form of legal access must be provided to each
lot per Condition No. 2.
Condition of Approval No. 1 requires that the Final PUD with the appropriate deviations or waivers
must be granted by the Director of Transportation and Engineering and approved by the City
Commission prior to approval by the City Commission of this subdivision Final Plat.
FISCAL EFFECTS
There will be property tax revenue from development within this subdivision and costs to provide
municipal services to that property. However, no unusual fiscal effects have been identified.
APPENDIX A – NOTICING AND PUBLIC COMMENT
Notice was provided at least 20 working days and not more than 45 days prior to the City
Commission public meeting. Pursuant to BMC 38.220.420, notice was provided by posting the
site, mailing by certified mail to the Applicant and adjacent property owners and by first class mail
to all other owners within 200 feet on June 14, 2024. The site was posted with a notice on June 14,
2024. Content of the notice contained all elements required by Article 38.220., BMC. No public
comment has been received at the time of the writing of this staff report on June 18, 2024.
If you are interested in commenting in writing on this application, please send email to
comments@bozeman.net or visit the Public Comment Page prior to 12.00 P.M. on the day of the
Commission meeting. Public comments are also accepted in person and through web
conferencing. If you have a disability that requires assistance, please contact our Acting ADA
Coordinator, Max Ziegler, at 406-582-2439 (TDD 406-582-2301). Commission meetings are
televised live on cable channel 190 and streamed live on our Meeting Videos Page here or at
https://www.bozeman.net/departments/city-commission/meeting-videos
APPENDIX B - OWNER INFORMATION
Owner/Applicant: Boardwalk Properties, Inc, 101 E. Main Street, Suite D, Bozeman, MT 59715;
delaney@delaneynco.com
Combs Capital LC, 1095 Cougar Drive, Bozeman, MT 59718
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Community Development Board Staff Report for
Ferguson Farms II Major Subdivision Preliminary plat Modification; Project 23295 Page 35 of 35
Representative: Tyler Steinway, Intrinsik Architecture, 106 East Babcock Avenue, Suite 1A,
Bozeman, MT 59715, tsteinway@intrinsikarchitecture.com
Report By: Susana Montana, Senior Planner, smontana@bozeman.net
Staff Engineer: Cody Flammond, cflammond@bozeman.net
ATTACHMENT LINKS
Applicant’s Application Narration Project Description and the full application can be viewed here
and here:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=281158&cr=1
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Interim Director
Renata Munfrada, Community Housing Program Coordinator
Brit Fontenot, Economic Development Director
SUBJECT:Consolidated Housing Plan Overview
MEETING DATE:July 1, 2024
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive information in preparation for a public hearing on July 15, 2024.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The 2020 US Census found that the City had exceeded 50,000 persons in
population. This is a significant milestone and affects how the City interacts
with a variety of federal programs. On August 24, 2023, the City of Bozeman
received notification from HUD’s Office of Community Planning and
Development (CPD) that the city has the sufficient population to meet the
definition of a Metropolitan City under the CDBG program and is eligible to
become what is known as an “entitlement jurisdiction.”
Entitlement jurisdictions are metropolitan cities with populations of at least
50,000 residents as determined by the Office of Management and Budget
(OMB). When the City of Bozeman surpassed this threshold, it became
entitled to receive CDBG dollars directly from HUD, rather than applying
through the State of Montana. Bozeman is now eligible to receive an
earmarked annual allocation each year. Entitlement communities develop
their own programs and funding priorities. In 2024, the City of Bozeman is
eligible to receive $325,859 in CDBG funding.
2024-2028 Consolidated Housing Plan
The Consolidated Housing Plan webpage is
https://engage.bozeman.net/consolidatedplan. The ConPlan guides policy
and investment for housing, economic, and other community development
in Montana. It is designed to meet requirements set for the by the U.S.
Department of Housing and Urban Development (HUD) and various housing
and community development acts passed by the U.S. Congress. ConPlan
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documents needs as affordable housing, homelessness, infrastructure,
community facilities, and economic development. This is one element of the
City's overall housing initiatives and program.
The plan consolidates the planning, application, reporting, and citizen
participation components of the formula programs that receive funding from
HUD, with specific emphasis on the Community Development Block Grant
(CDBG) program. The plan includes a five-year comprehensive, strategic
plan, know as the “Consolidated Plan for Housing and Community
Development.” This strategic plan assesses needs and current conditions as
well as determines priorities and allocated HUD funding.
To meet the minimum requirements set forth by HUD, the ConPlan must
include five main components:
1. A description of the lead agency or entity responsible for overseeing the
development of the plan and a description of the process undertaken to
develop the plan;
2. A housing and homeless needs assessment;
3. A housing market analysis;
4. A strategic plan; and
5. A one-year Action Plan.
Under this agenda item, staff will provide an overview of the ConPlan in
preparation for the scheduled public hearing on July 15th. As part of the
packet for the 15th copies of the plan document will be provided.
Sections of Consolidated Plan for Community Development Board
Consideration
The ConPlan is designed to help states and local jurisdictions to assess their
affordable housing and community development needs and market
conditions, and to make data-driven, place-based investment decisions. The
Plan is carried out through the Action Plan, which provides a concise
summary of the actions, activities, and the specific resources that will be
used each year to address the priority needs and specific goals identified in
the Plan.
CDBG funds may be used for activities which include, but are not limited to:
• Acquisition of real property
• Relocation and demolition
• Rehabilitation or residential and non-residential structures
• Construction of public facilities and improvements, such as water and
sewer facilities, streets, neighborhoods centers, and the conversation of
school buildings for eligible purposes
• Public services, within certain limits
• Activities relating to energy conservation and renewable energy
resources
• Provision of assistance to profit-motivated businesses to carry out
economic development and job creation and retention activities
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Economic Vitality Board Recommendation
A public hearing before the Economic Vitality Board (EVB) was held on June
5, 2024, to provide the public an opportunity to comment on the plan
development process, community engagement strategy, and to identify
other significant housing and community development needs in the city.
Community Development Board Recommendation
A public hearing before the Community Development Board will be held on
July 15th. The CDB interacts with the Consolidated Housing Plan in its role as
the Planning Board (Planning Commission) as it provides important housing
related information that supports the development of a land use plan as
required by the Montana Land Use Planning Act.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Report compiled on: June 27, 2024
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Interim Director
SUBJECT:Upcoming Items for the July 15, 2024, Community Development Board
Meeting.
MEETING DATE:July 1, 2024
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Information only, no action required.
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 following development review items are presently scheduled for the July
15, 2024, Community Development Board meeting:
1. NEHMU Zone Text A mendment, Application 24225, considered in capacity
as Zoning Commission.
2. SRX II Growth Policy Amendment, Application 24195, considered in
capacity as Planning Board.
3. SRX II Zone Map Amendment, Application 24196, considered in capacity
as Zoning Commission.
4. Consolidated Housing Plan public hearing, considered in capacity as
Planning Board.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
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Report compiled on: June 27, 2024
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