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23039 City Commission Findings of Fact and Order for the Urban Farm
Phase 2 Subdivision
Public Meeting/Hearing Dates:
Planning Board meeting was held - Monday, April 1, 2024 at 6:00 pm.
City Commission meeting was held - Tuesday, April 16, 2024 at 6:00 pm
Project Description: A major preliminary plat subdivision application with a subdivision
variance request to Section 38.400.010 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 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: April 30, 2024
Staff Contact: Danielle Garber, Senior 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. Two letters of public comment have been
received as of the writing of this report. Public comment is included in the Laserfiche archive for
application 23039 and available to the public.
Unresolved Issues.
There are no unresolved issues with this application.
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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 which requires streets to be constructed to the boundary
lines of the tract to be developed. Not constructing these portions of Valley Commons Drive and
Competition Drive is supported due to the long-term nature of the conservation easement and the
long term maintenance liability to the City for unused streets. Staff support is based on staff
analysis of the information presented and the variance 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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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 considered the application and
provided a recommendation of approval on April 1, 2024. Two instances of public comment
were received at the meeting. Connie Lien who resides at 8507 Huffine Lane, which
compromises the 68 acre conservation easement directly to the west of the subject property and
Jeremy Puckett the stewardship director with the Gallatin Valley Land Trust. Mrs. Lien’s
concerns included the following:
Their property on the conservation easement is a working farm. Concerns about livestock
and barb wire fencing posing a possible risk to the public and their property. Concerns
about dogs interfering with their livestock, as well as the nuisance a working farm will
pose to adjacent houses in terms of noise, smells, and fencing.
Concerns regarding loss of privacy to noise and lighting from the adjacent development
Concerns about infrastructure impact to the water table, and blocking natural water flow
with wells being drilled. Acknowledged the requirement for an agricultural water user’s
easement and how stormwater drainage is going to be handled.
Concerns about roads running up to her property line, discussed a history of cars crashing
into their property where the roads end. Would like to see a consideration in the
application to require better end of road signage and fencing.
Concerns about park maintenance by the property owners and potential impacts to her
property.
Jeremy Puckett also provided public comment related to the conservation easement on Mrs.
Lien’s property. His comments were focused on providing awareness about the conservation
easement and hopes that development is pursued in a manner that is as aware and forgiving of
the conservation values as possible. Recognize that the City needs space to grow, he wants to
work with the community while preserving conservation interests.
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Further explanation related to how development code standards can help address the public
comment are provided in Appendix C of this report.
Staff then explained why a public hearing was not taking place at CDB based on the changes to
state law and the review of this subdivision under the 76-3-616 MCA statute. Public comment is
welcome and only a public meeting is required, not a public hearing. However, staff clarified that
there will be an action agenda presentation and discussion at the City Commission due to the
associated variance with this application. A motion to recommend approval of the subdivision
was passed 7-0, with one board member abstaining due to a professional connection to the
project.
The City Commission held a public meeting to consider the application for approval on April 16,
2024 at 6:00 pm. Public comment was received at the City Commission meeting from Connie
Lien who resides at 8507 Huffine Lane, with comments consistent with those provided above at
the Community Development Board Meeting. The Commissioners voted 5-0 to approve the
subdivision and the subdivision variance from BMC 38.400.010. The video of the meeting is
available on the City’s Streaming Video Archive.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY .........................................................................................................1
Unresolved Issues. ...........................................................................................................1
Project Summary .............................................................................................................2
Alternatives .....................................................................................................................4
SECTION 1 – MAP SERIES ......................................................................................................6
SECTION 2 – REQUESTED VARIANCES ............................................................................. 11
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 11
SECTION 4 – CODE REQUIREMENTS ................................................................................. 13
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 19
SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 19
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19
Documentation of compliance with adopted standards 38.220.060 ................................. 25
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 30
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 32
APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 36
APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 37
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 39
FISCAL EFFECTS ................................................................................................................... 39
ATTACHMENTS ..................................................................................................................... 39
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Future Land Use Map
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Exhibit 3 – Preliminary Plat (see all sheets in file)
Exhibit 4 – Overall Site Plan (see all sheets in file)
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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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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 copy 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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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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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
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relocated agricultural water user facility is the same quality and amount of water
that entered or exited the facility prior to realignment or relocation.
3. 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.
4. 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.
5. 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.
6. 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,
Water Lily Drive from Huffine to Competition Drive, and Valley Commons Drive
from Water Lily Drive to Betty Lane."
7. 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
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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.
8. 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).
9. 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.
10. 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
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
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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
11. 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.
12. 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
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
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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.
13. 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.
14. 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.
15. 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.
16. 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 defined in the 2017 water facility plan
update.
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.
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
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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.
17. 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.
18. 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.
19. 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
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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.
20. 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.
21. 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 was held Monday, April 1, 2024 at 6:00 pm. A video of the meeting is
available on the City’s Streaming Video Archive.
City Commission meeting was held Tuesday, April 16, 2024 at 6:00 pm. A video of the meeting
is available on the City’s Streaming Video Archive.
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 has made
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 a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board.
On April 4, 2024 this major subdivision staff report was completed with a recommendation of
conditional approval for consideration to the City Commission.
On April 16, 2024 the City Commission held a public meeting to consider the application and
associated variance for approval. The motion to approve the subdivision and variance passed 5-0.
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 16 contains requirements for the water, sanitary sewer, and
storm sewer systems. 16a 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. 16b 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. 16c 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 16d to upgrade
the North Ranch Lift Station and associated force main to handle flow demands generated by the
development. Code provision 3 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.
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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
private property, and an agricultural water user’s 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
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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
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 5, 17, 18, and 20, related to non-city permit
requirements, parkland use, cash donation and infrastructure donation in lieu of land dedication,
and park development. Code provision 5 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 17a 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. 17b requires a final park master plan and construction
drawings prior to requesting a preconstruction meeting. 17c 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 17d
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
17e 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 17f 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 18a requires the
applicant to include a fisheries plan with the final park master plan and Provision 18b 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 18c and 20 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
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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.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code and design standards Code provision 10 details required development or
maintenance of common areas and facilities to be maintained by the property owners’
association. 10a 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 6c 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 2i.
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.
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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.
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 is 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
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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,
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.
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. Note 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 19 is related to high groundwater and stormwater infrastructure.
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38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known 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.
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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
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
6d 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 8b requires the certificate of dedication on the plat to be customized to
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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.
A Traffic Impact Study (TIS) was provided and evaluated by the reviewing engineer for
compliance with adopted design standards and code requirements. Code provision 12 is related
to street improvement standards. Based on the TIS review 12a 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 12b 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 12c 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
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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
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 14 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.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public meeting on April 16, 2024 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, and summarized the public comment submitted to the City prior to the public
hearing.
D. The City Commission requested public comment at the public meeting on April 16, 2024
and one instance of public comment was received.
E. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
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receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 4 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
G. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-616, MCA. The
preliminary approval of this single-phased major subdivision shall be effective for two
(2) years from the date of the signed Findings of Fact and Order approval. At the end of
this period the City may, at the request of the subdivider, grant an extension to its
approval by the Community Development Director for a period of mutually agreed upon
time.
DATED this ________ day of _____________________, 2024
BOZEMAN CITY COMMISSION
_________________________________
CYNDY ANDRUS
Mayor
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XXXXXXXXXXXXXXXXXX
Terence Cunningham
14th May
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ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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
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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:
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.
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7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but not
limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation
and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and
a wider range of housing types. 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.
Two letters of public comment were received by the City Clerk’s office and are located in the
Laserfiche archive for application 23039 and available to the public.
Two instances of public comment were received at the Planning Board meeting. Connie Lien
who resides at 8507 Huffine Lane, which compromises the 68 acre conservation easement
directly to the west of the subject property and Jeremy Puckett the Stewardship Director with the
Gallatin Valley Land Trust. Mrs. Lien’s concerns included the following:
Their property on the conservation easement is a working farm. Concerns about livestock
and barb wire fencing posing a possible risk to the public and their property. Concerns
about dogs interfering with their livestock, as well as the nuisance a working farm will
pose to adjacent houses in terms of noise, smells, and fencing.
Concerns regarding loss of privacy to noise and lighting from the adjacent development
Concerns about infrastructure impact to the water table, and blocking natural water flow
with wells being drilled. Acknowledged the requirement for an agricultural water user’s
easement and how stormwater drainage is going to be handled.
Concerns about roads running up to her property line, discussed a history of cars crashing
into their property where the roads end. Would like to see a consideration in the
application to require better end of road signage and fencing.
Concerns about park maintenance by the property owners and potential impacts to her
property.
Jeremy Puckett also provide public comment related to the conservation easement on Mrs. Lien’s
property. His comments were focused on providing awareness about the conservation easement
and hopes that development is pursued in a manner that is as aware and forgiving of the
conservation values as possible. Recognize that the City needs space to grow, he wants to work
with the community while preserving conservation interests.
Further explanation related to how development code standards can help address the public
comment are provided in following locations in this report:
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- Code provision 8 requires the final Property Owners’ Association (POA) documents must
include the requirements of BMC 38.220.300, 310, and 320 where applicable. Section
38.220.320.A requires a section in the covenants to address agricultural uses of
neighboring properties including the following language “Lot owners and residents of the
subdivision are informed that adjacent uses may be agricultural. Lot owners accept and
are aware that standard agricultural and farming practices can result in dust, animal odors
and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the
use of heavy equipment, chemical sprays and the use of machinery early in the morning
and sometimes late into the evening." This section also requires fences bordering
agricultural lands to be maintained by the landowners as required by state law, and that
noxious weeds are controlled.
- Code provision 2 requires appropriate easements for maintenance and protection of
agricultural water and 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.
- In relation to impacts to the water table, surface water, stormwater, ground water, and
agricultural water user facilities are addressed in Subdivision Review Criteria 4.
Stormwater facilities and exempt wells used for irrigation and public lands must be
designed and maintained so as to not negatively impact adjacent properties. Code
provision 21 relates to a proposed pond in the park, which would be supplied by well
water from an existing well. This code provision requires the pond be designed and
constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year
which is the amount reported by the applicant to DNRC for use of the exempt well.
Further discussion of ground water use in the pond is located in the Parks discussion in
the primary review criteria in Section 6.
- In relation to the concerns about adjacent roads ending at the western property line and
safety concerns, the applicant has requested a variance to not construct the roads up to the
western property line shared with Mrs. Lien’s property and instead construct a continuous
park corridor which would provide a buffer from west bound traffic at the intersection of
El Dorado Avenue. This variance is discussed in the Streets, Roads and Alleys review
criteria under Section 6.
The City Commission held a public meeting to consider the application for approval on April 16,
2024 at 6:00 pm. Public comment was received at the City Commission meeting from Connie
Lien who resides at 8507 Huffine Lane, with comments consistent with those detailed above at
the Community Development Board Meeting.
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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
Variance Request
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