HomeMy WebLinkAbout07-16-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. Public Service Announcements
D.1 The Local Government Center from MSU Extension is Providing Resources to Local
Government Review Studies(Maas)
E. FYI
F. Commission Disclosures
G. Consent
G.1 Accounts Payable Claims Review and Approval (Armstrong)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 16, 2024
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
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Click the Register link, enter the required information, and click submit.
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G.2 Approve the Jarrett Major Subdivision Preliminary Plat Findings of Fact and Order;
Application 23072(Montana)
G.3 Approve the Ferguson Farms II Major Subdivision Preliminary Plat Modification; Application
23295(Montana)
G.4 Approve the Nexus Point Major Subdivision Final Plat; Application 23126 (Montana)
G.5 Authorize the City Manager to Sign an Agreement for the Distribution of Metropolitan
Planning (PL) Funds(Butts)
G.6 Authorize the Mayor to Sign an Amendment One for the Montana State Historic
Preservation Office Certified Local Government Program Grant(Grabinski)
H. Public Comment
I. Special Presentation
I.1 Bozeman Landmark Program, application 22388 (Rosenberg)
J. Action Items
J.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an
Initial Zoning Designation of REMU on 2.705 Acres, the 2320 West Babcock Annexation; the
Property is Addressed at 2320 West Babcock, Application 24106(Rogers)
K. Work Session
K.1 Fowler Avenue Connection 30% Design Review (Ross)
L. FYI / Discussion
M. Adjournment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
Written comments can be located in the Public Comment Repository.
Having reviewed and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for application 24106
and move to recommend approval of the 2320 West Babcock Zone Map Amendment, with
contingencies required to complete the application processing.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD
406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
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Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Takami Clark, Communication and Engagement Manager
Chuck Winn, Interim City Manager
SUBJECT:The Local Government Center from MSU Extension is Providing Resources to
Local Government Review Studies
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Provide information
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The MSU Extension's Local Government Center will be offering an online
training for those interested in serving as a study commissioner on
Wednesday, July 24, at 11 a.m. Full details on the training, resources offered,
and additional contact information is available via the Local Government
Center's press release [EXTERNAL LINK].
The candidate filing period for Bozeman's Study Commission closes August
12, 2024. Information for candidate filing can be found on the Gallatin
County Elections Department webpage [EXTERNAL LINK].
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: July 10, 2024
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Memorandum
REPORT TO:City Commission
FROM:Nicole Armstrong, Accounts Payable Clerk
Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation. Please provide approval for
checks dated July 17th, 2024.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: June 17, 2024
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Memorandum
REPORT TO:City Commission
FROM:
Susana Montana, Senior Planner, Development Review Division
Brian Krueger, Manager, Development Review Division
Erin George, Interim Director of Community Development
SUBJECT:Approve the Jarrett Major Subdivision Preliminary Plat Findings of Fact and
Order; Application 23072
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Approve the Jarrett Major Subdivision Preliminary Plat Findings of Fact and
Order; Application 23072
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
A major preliminary plat subdivision of a 45.83 acre property to create 110
residential lots, 2 open space lots, 3 undevelopable restricted development
lots, street rights-of-way, street public easements, and 1 City park lot.
Development of the subdivision would take place in three phases. The
undevelopable lots, Lot 1, Block 8, Lot 1, Block 9 and Lot 1, Block 10, totaling
18.332 acres require further subdivision review. The subdivision land was
recently rezoned from R-1, Low Density Residential to R-2, Moderate Density
Residential to allow smaller lot sizes which are to be developed as
townhomes (Ordinance No. 2159, Project No. 23047).
UNRESOLVED ISSUES:None
ALTERNATIVES:None suggested
FISCAL EFFECTS:
Fiscal effects are undetermined at this time but any development occurring
as a result of this subdivision would increase property tax revenue to the
City, along with increased costs to deliver municipal services to the property.
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Attachments:
23072 Jarrett PP FOF CC D Staff Report 07 10 24.pdf
002 Pre-Plat SHEET 2 PRELIMINARY PLAT.pdf
Report compiled on: July 1, 2024
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Jarrett Major Subdivision Preliminary Plat
City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 1 of 37
Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat,
Application 23072; City Commission Staff Report.
Public Hearing Date:
The City Commission public hearing on this Findings of Fact and Order for this application
23072 will be held on July 16, 2024 at 6:00 P.M. in the City Hall Commission Room.
Electronic access to the meeting may be available as outlined on the published agenda of the
meeting.
Project Summary: The Jarrett Subdivision application is a 45.83 acre Major Subdivision
Preliminary Plat providing 110 residential lots, 2 open space lots, one 7.5 acre City Park, 3
undevelopable/restricted development lots totaling 18.3 acres, street rights-of-way, and street
public easements.
Legal Description: The property is described as a tract of land being Lot 1 and 2 of the Amended
Plat of Lot 1, Block 9, Allison Subdivision Phase 4A (Plat ref. J-702) and the SE ¼ of the NW ¼
of Section 24 of C.O.S. 252 and C.O.S. 792 and Lot 3A of the Amended Plat of Lot 2, Block 7,
Allison Subdivision Phase 4A (Plat ref. J-702) and Lot 3 of Amended Plat of Lot 1, Block 9,
Allison Subdivision Phase 4A (Plat ref. J=702) and the SE ¼ of the NW ¼ pf Section 24 of C.O.S.
252 and C.O.S. 792 (Plat ref. J-702A) located in the NE ¼ of the SE ¼, SW ¼ and NW ¼ of
Section 24, T 2 S, R5 E, P.M.M., City of Bozeman, Gallatin County, Montana.
Project Location: The above-referenced property (“Site”) is located south of the Montana State
University (MSU), south of Arnold Street, west of S. 11th Avenue, and north of W. Graf Street.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Community Development Board/Planning Board Recommendation on June 3, 2024:
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 23072 and move for the Community Development Board, in its capacity as the
Planning Board, to recommend approval of the Jarrett Major Subdivision Preliminary Plat
with conditions and subject to all applicable code provisions.
This Motion passed unanimously, 7 to 0, with the additional recommendation that basements be
allowed if sanctioned by a licensed geotechnical engineer as described in Section 1 below on page
3.
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 2 of 37
City Commission Motion on June 18, 2024:
Having reviewed and considered the application materials, staff report, the Community
Development Board/Planning Board recommendation, public comment, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 23072 and move to approve the Jarrett Major Subdivision Preliminary Plat with
conditions and subject to all applicable code provisions.
The Motion passed unanimously, 5 to 0.
Report Date: July 1, 2024
Staff Contact: Susana Montana, Senior Planner
Simon Lindley, Project Engineer
Agenda Item Type: Consent (Quasi-Judicial)
EXECUTIVE SUMMARY
This report is based on the revised application materials submitted and public comment received
to date. The application materials are available here and
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=274018&cr=1
and in the City’s Laserfiche archive and may be accessed through the Community Development
viewer as well.
No written public comments have been received as of the writing of this report. Should written
public comments be received they will be included in the City’s Laserfiche archive and available
to the public. Public comment received at the June 18, 2024 City Commission meeting is
summarized in Appendix B on page 38. The video of the meeting can be reached at the following
link: https://bozeman.granicus.com/player/clip/2307?view_id=1&redirect=true
Unresolved Issues: None
Project Description
The Department of Community Development received a Preliminary Plat Application on April 4,
2022, requesting to subdivide 45.83 acres to create 110 residential lots which would primarily be
suitable for townhome development, one 7.52 acre park, street easements and rights-of-way and 3
undevelopable lots totaling 18.3 acres for future subdivision and future residential development.
The site is former farmland and is zoned R-2. The property will have access from Arnold Street
to the north, from W. Graf Street to the south, and from South 11th Avenue to the east.
Development of the subdivision would take place in three phases as shown below in Exhibits 7
and 8.
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 3 of 37
The subdivision land was recently rezoned from R-1, Low Density Residential to R-2, Moderate
Density Residential to allow smaller lot sizes (Ordinance No. 2159, Project No. 23047).
The undevelopable/restricted development Lot 1, Block 8, Lot 1, Block 9 and Lot 1, Block 10,
totaling 18.332 acres, require further subdivision or, if developed as one lot, a site plan review.
On May 15, 2024, the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
The final decision for this preliminary plat must be made by June 28, 2024.
Alternatives
1. Approve with the recommended conditions;
2. Approve with modifications to the recommended conditions;
3. Deny the application based on 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.
SECTION 1 –PLANNING BOARD DISCUSSION AND RECOMMENDATIONS
The Community Development Board, acting in their capacity as the Planning Board, held a public
hearing on this major subdivision preliminary plat on June 3, 2024.
During the meeting, Community Development staff Susana Montana provided an overview of the
Applicant’s proposal and presented a summary of how the proposal meets applicable MCA and
UDC statute criteria for evaluating and approving subdivisions. This evaluation of the statute
criteria are detailed below in Section 6 on pages 20 to 29 of this report.
There was no written public comment presented prior to the meeting and there were two people
providing comment on the proposal at the meeting. Their comments are noted below in Appendix
B on page 31.
The Applicant made a brief presentation of the elements of the proposed subdivision and answered
Board Members questions about the project. The Applicant stated that he agreed with staff findings
and recommendation for approval with the exception of the language of one Code Provision. Code
Provision No. 4 prohibits basements and the Applicant requested basements be permitted if a
geotechnical engineer certifies they would be safe and suitable. This request and the Board
discussion about basements are summarized below.
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 4 of 37
Following the staff and Applicant’s presentations and public comment, Board Member Murphy
made a Motion and Board Member Egnatz seconded the Motion to begin the Board discussion
process. Comments and discussions from Board Members include the following:
Townhome design
Board Members commented that providing townhomes is an important contribution to the mix of
housing types and for housing diversity in the City and for this area. They could provide more
affordable housing for “missing middle”-income households than single-household, detached
homes. However, the Board commented it is critically important the townhome designs within the
subdivision be high quality. Townhome design can be dignified and beautiful like the
“brownstone” townhomes of New York City. If the design of these rows of attached houses are
poor and they are built of poor quality, this subdivision could result in a negative image of
townhome developments and may result in poor public acceptance of future townhome
development elsewhere in the City. The Board recommended that the subdivision CC&Rs include
conditions for high quality design of the townhomes.
Basements
Board Members support the ability to build basements in the homes within this subdivision. The
Applicant noted that Code Provision No. 5 in the CDB staff report prohibits basements in homes
due to high ground water levels within this Site. He requested the Board amend the Code Provision
language to allow basements if a licensed geotechnical engineer certifies the basement would be
safe from flooding and would not cause discharge of water onto the street and into City storm
drains. Board Members like basements in homes which provide additional space for laundry
facilities and storage. They can also provide additional living space for growing families at a
nominal cost.
Although Board Members supported basements and the amendment to Code Provision to allow
them when certified they are suitable for a home lot by a licensed geotechnical engineer, Board
Members did not feel they were qualified to recommend that change to the Commission without
concurrence from City engineers. The Board asked staff to check with the Project Engineer to see
if the Applicant’s proposed amendment to Code Provision would be acceptable. If it is, then the
amendment could be included in the staff report to the Commission. If it isn’t, then the Applicant’s
request should be brought directly to the Commission for their discussion and decision, with staff
bringing the Project Engineer’s rationale for the prohibition of basements in this subdivision to the
Commission for their consideration.
[Staff Comment: The Project Engineer conferred with the Engineering Division Manager and
proposed the following substitute Code Provision No. 4 regarding the provision of basements:
11
City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 5 of 37
“BMC 38.220.070.7.b - The Conditions of Approval Sheet shall contain the following, "No crawl
spaces or basements will be permitted with future development of the site unless a professional
engineer registered in the State of Montana certifies that the lowest point of any proposed structure
is located above the seasonal high groundwater level and provides supporting groundwater data
prior to release of building permit. In addition, sump pumps are not allowed to be connected to the
sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system
unless capacity is designed into the drainage system to accept the pumped water. Water from sump
pumps may not be discharged onto streets, such as into the curb and gutters where they may create
a safety hazard for pedestrians and vehicles."
The Applicant was offered this amendment and they have accepted it.
BonTon Park
Board Members commented that the proposed parkland at the northwest corner of the Site should
be maintained by the City Parks Department rather than the subdivision homeowners’ association
(HOA).
[Staff Comment: The BonTon Park will be dedicated to, and maintained by, the City.]
Trail Connectivity
It is important that the subdivision provide multi-modal connectivity to the park for all homes and
to parkland and trails throughout the area. The Board looks forward to connectivity to the adjacent
Gallagator Trail. There was comment about the one-foot-no-vehicle-access easement along S. 11th
Avenue and W. Graf Street as a condition of approval for the subdivision. The 10-foot wide
sidewalk along those streets would get the bicycle traffic off the street. The no driveways along
S. 11th Avenue would provide more on-street parking for alley-accessed abutting homes.
Water Conservation
It was remarked that this is a large subdivision and should be provided with large areas of plantings,
trees for shading, and irrigation. The irrigation system should incorporate water conservation
measures.
After discussion, the Board voted on the Motion which passed unanimously, 7 to 0.
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 6 of 37
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. None ..................................................................................................... 2
Project Description.............................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 –PLANNING BOARD DISCUSSIONS……………………………………………2
SECTION 2 -- MAP SERIES ......................................................................................................... 7
SECTION 3 – REQUESTED VARIANCES ............................................................................... 15
SECTION 4 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 15
SECTION 5 – CODE REQUIREMENTS .................................................................................... 15
SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 18
SECTION 7 – STAFF ANALYSIS and findings ......................................................................... 18
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19
38.220.060. Documentation of compliance with adopted standards ................................ 21
SECTION 8 -- FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS……………… 30
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 29
APPENDIX B – NOTICING AND PUBLIC COMMENT ......................................................... 36
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ................................. 37
FISCAL EFFECTS ....................................................................................................................... 37
ATTACHMENT LINKS .............................................................................................................. 37
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 7 of 37
SECTION 2 – MAP SERIES
Exhibit 1: Location Map
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 8 of 37
Exhibit 2 – Zoning Map
As of June 4, 2024, the Site will be rezoned R-2.
15
City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 9 of 37
Exhibit 3: Community Plan 2020 Future Land Use
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 10 of 37
Exhibit 4: “Parent” Allison Subdivision. Jarrett Subdivision within the red lines.
2006 Preliminary Plat
100 acres to be built in 24 phases
312 Dwelling Units at build-out
274 Single-Household lots
7 Multi-Household lots
31 Townhouse lots
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 11 of 37
Exhibit 5: Allison Subdivision Context.
Jarrett Subdivision shown within the yellow lines.
GRAF ST WESTRIDGE DR ARNOLD ST S 3RD AVE S 11TH AVE SECOR AVE S 7TH AVE PARK PL
ALDER CREEK DR
BROOKDALE DR
CONCORD DR HILLCREST DR BROOKDALE DR SUMMERSET DR LEXINGTON DR FIELDSTONE DR WFIELDSTONE DR MADRONA LN ALDER CREEK DR
STAUDAHER ST ERWIN AVE CUTTING ST RITTER DR OPPORTUNITY WAY
MORROW ST
OVER BROOK D
R TESLOW DR L
A
N
D
OE AVE HENDERSON ST S 11TH AVE Legend
Ditch
Stream
1 inch equals 503 feet
¯Title
Revised:
This map was created by the City of Bozeman
Department of Planning and Community DevelopmentIntended for Planning purposes only - some layers may not line up properly.
Alder Creek Subdivision
Figgins Subdivision
Morning Star
Elementary School
Boylan Farmstead
Montana State University
Mandeville Creek
Subdivision
CFT Business Park
Westfield Subdivision
Allision Subdivision
Future Phases
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 12 of 37
Exhibit 6: Jarrett Subdivision Area Map
Jarrett Subdivision is 45.83 acres, providing 110 residential lots; 2 open space lots; and one 7.5
acre City Park; and 3 undevelopable/restricted development lots totaling 18.3 acres.
19
Jarrett Major Subdivision Preliminary Plat
City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 13 of 37
Exhibit 7 – Jarrett Major Subdivision Preliminary Plat Phases of Development
20
City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 14 of 37
Exhibit 8: Park Plan; Phase 1 Improvements noted in red.
21
Jarrett Major Subdivision Preliminary Plat
City Commission Findings of Fact and Order Staff Report, Project No. 23072 Page 15 of 37
SECTION 3 – REQUESTED VARIANCES
The subdivider does not request any subdivision variances with this preliminary plat application.
SECTION 4 – 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 subject property is located within the South 11th Street and Graf Street payback
district boundaries. If the subject property did not participate in the original cost of
construction of improvements the subject property will be accessed a payback charge
prior to final plat approval. Reference documents
(https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=179320&)
and
(https://weblink.bozeman.net/WebLink/ElectronicFile.aspx?dbid=0&docid=181722&).
2. A 1 foot "No Access" strip shall be noted and shown on the final plat application along
the South 11th Avenue and West Graf Street frontages for the full length of the
development.
SECTION 5 – CODE REQUIREMENTS
1. Sec. 38.410.060. - Easements.
a. All Easements indicated below must be provided on city standard easements
templates with an easement exhibit certified by a professional land surveyor licensed in
the State of Montana. Drafts must be prepared for review and approval by the city.
Signed hard copies of the easements must be submitted to the city prior to final plat
approval.
b. Agricultural Water Facilities.
(1) An agricultural water users 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 or provide sufficient information pursuant to Sec. 38.410.060.D.5
to allow for the removal of the ditch lateral from the subject property.
38.410.060.D.5 to allow for the removal of the ditch lateral from the subject
property.
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 16 of 37
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.
(2) 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.
(3) The easements must be prepared as documents separate from a final plat but
may be referenced on a final plat.
(4) The developers professional engineer must provide a certification with the final
plat, that the water entering and exiting the piped ditches are the same quality and
amount of water that entered or exited the facility prior to adjustment.
(5) The applicant must provide a permission form from the ditch owner to modify
any ditches. (30 foot Storm pipeline access easement, 30 foot water and sewer
pipeline access easement).
c. The temporary drainage easement just northwest of the intersection of South 11th
Avenue and Graf Street must be released prior to final plat using the city standard template.
d. Prior to final plat approval, the applicant must provide an easement for the existing
stormwater pond #2 located in the Allision Phase 4A Subdivision. The easement is required
to provide the Jarrett Subdivision legal access to perform shared maintenance on existing
stormwater pond #2 in the Allision Phase 4A Subdivision.
e. BMC 38.220.070.7.f - List all easements and recorded document numbers on the
Conditions of Approval Sheet of the final plat.
2. BMC 38.400.070 - Street Lighting: The required public streetlight(s) must be included in
a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman
Lighting and Electrical Specifications, prior to final plat approval.
3. BMC 38.220.020.A - Streambed, Streambank, and/or Wetlands Permits
The applicant must contact the Gallatin County Conservation District, Montana
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
Page 17 of 37
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/or final plat approval, whichever is
sooner. A permission form from the ditch owner and downstream water user must be
provided to modify a ditch. Ditches must follow historical drainage.
4. BMC 38.220.070.A.7.b - The Conditions of Approval Sheet shall contain the following
text: "No crawl spaces or basements will be permitted with future development of the site
unless a professional engineer registered in the State of Montana certifies that the lowest
point of any proposed structure is located above the seasonal high groundwater level and
provides supporting groundwater data prior to release of building permit. In addition, sump
pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also
not allowed to be connected to the drainage system unless capacity is designed into the
drainage system to accept the pumped water. Water from sump pumps may not be
discharged onto streets, such as into the curb and gutters where they may create a safety
hazard for pedestrians and vehicles."
5. BMC 38.400.040.A.2 - Street names must be reviewed and approved by the County's
geographic information systems and City Engineering Department prior to final plat
approval. The applicant must submit written approval from both entities with the final plat
application.
6. BMC 38.240.450.A - Where improvements are to be installed prior to final plat approval,
the final plat subdivision must contain a certificate of completion of public improvements.
The certificate must list all completed and accepted improvements.
7. BMC 38.220.070.A.7.b - The Conditions of Approval Sheet shall contain the following,
"The maintenance of all stormwater retention facilities outside the public right-of-way is
the responsibility of the property owners’ association (POA)."
8. BMC 40.04.700.A.4.h and DSSP II.B.5. Prior to final plat approval, the Allision Phase 4A
Subdivision HOA documents must be amended to include a shared maintenance
responsibility with the Jarrett Subdivision HOA for existing stormwater pond #2, located
adjacent to Arnold Street within the Allision Phase 4A Subdivision. The Jarrett Subdivision
HOA documents must also describe the shared maintenance responsibility with the Allision
Phase 4A Subdivision HOA for existing stormwater pond #2.
9. BMC 38.400.010.A.1, BMC 38.400.050.A & BMC 38.420.060
Arnold Street must be fully constructed, including drainage and lighting, from South 14th
Avenue to South 11th Avenue prior to final plat approval of Phase 1 of the Jarrett
Subdivision.
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10. BMC 38.420.020.D. Parkland. To ensure coordination when parks are being created by a
multiphase development, the entire parkland dedication must be accomplished at the time
of the initial phase of the development. If necessary, this may be accomplished through the
grant of public access easements during later phases.
11. BMC 38.420.070.A. – Linear Parks. If consistent with the growth policy or citywide park
plan, and if reviewed and approved by the review authority, linear parks must be dedicated
to the City to provide corridors for recreation pathways as defined in section 38.420.110.
12. Sec. 38.410.130 - Water Adequacy.
a. 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.
b. Payment-in-lieu of water rights must be made for the townhouse lots prior to final
plat approval.
c. Sec. 38.410.130.C.2 - Water Adequacy.
Compliance with this section is deferred for development of Blocks 7, 8 and 9 provided
the Applicant records a notice of restriction on future development on these lands in a form
acceptable to the review authority with the Gallatin County Clerk and Recorder: Individual
lots of a subdivision final plat planned for future multiple-household development.
d. A note must be included in the conditions of approval sheet indicating lots which will
require future payment of cash-in-lieu of water rights upon future development.
SECTION 6 – RECOMMENDATION AND FUTURE ACTIONS
On May 15, 2024, the Development Review Committee (DRC) determined the application was
sufficient for continued review and recommended approval with conditions. On June 3, 2024, the
Planning Board recommended approval of the subdivision preliminary plat with conditions and
code provisions. The Board also support the Applicant’s request to allow basements in homes
provided a licensed geotechnical engineer certifies it would be safe and suitable. Code Provision
No. 4 reflects both the Applicant’s and Board’s recommendation.
SECTION 7 – 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.
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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:
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. 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
Based on the recommendation of the Development Review Committee (DRC), the Planning
Board, and other applicable review agencies, as well as any public testimony received on the
matter, the City Commission will make the final decision on the conditional approval of the
Preliminary Plat.
The subdivider requested review of this subdivision under the terms of 76-3-623/MCA as
authorized in 38.240.100, seeking expedited review in 35 working days after the application is
deemed complete (sufficiency).
The Department of Community Development received a preliminary plat application on April 4,
2023. The DRC reviewed the preliminary plat application and determined the submittal did not
contain detailed, supporting information that was sufficient to allow for the continued review of
the proposed subdivision. In fact, the lot sizes are not permitted in the underlying R-1 zoning
district. Subsequently, the Applicant applied for a rezoning of the property to an R-2 designation
for the residential lots and to PLI designation for the Block 10 parkland Lot 2A, Project 23047.
On April 23, 2024, the rezoning Ordinance No. 2159 was provisionally approved by the City
Commission, and on May 7, 2024 the Commission granted final adoption of the rezoning and it
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became effective on June 7, 2024. Therefore, this subdivision will be in compliance with the R-2
zoning with regard to lot size and densities on June 7, 2024.
A revised subdivision application was received on September 1, 2023, November 28, 2023,
January 20, 2024, March 20, 2024 and May 15, 2024. The DRC determined the application was
adequate for continued review on May 15, 2024 and recommended conditions of approval and
code corrections for the staff report.
Public Notice. The Applicant posted public notice on the subject property on May 10, 2024 and
on that date sent the public notice to landowners of record within 200-feet of the subject property
via first class mail. No written public comment had been received on this application as of the
writing of this report. Two persons commented on the proposal at the June 3, 2024, Planning Board
Meeting and their comments are noted in Appendix B of this report, page 31.
On June 6, 2024, this major subdivision staff report was completed and forwarded with a DRC
and Planning Board recommendation of conditional approval for consideration to the City
Commission.
4) Compliance with Chapter 38, BMC and other relevant regulations
The DRC reviewed all of the preliminary plat submittals against all applicable regulations of the
Bozeman Municipal Code (BMC) and the application complies with the BMC and all other
relevant regulations with the conditions and code corrections noted in Sections 3 and 4. 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.
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 as noted
in Code Requirement No.1 which requires all easements, existing and proposed, to be accurately
depicted and addressed on the final plat and in the final plat application. Public utilities are 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 lot within the subdivision. All of the
proposed lots will have frontage on public streets constructed to City standards with lot frontage
meeting minimum standards shown on the preliminary plat. However, access to lots fronting on
South 11th Avenue and West Graf Street will have a 1-foot no access easement noted and shown
on the final plat. This is to ensure that driveway access to those alley-loaded lots is provided from
the alley and not from the South 11th Avenue or W. Graf Street frontages which are designated as
collector streets. The existing bike lane on S. 11th Avenue within the street right-of-way (ROW)
will be provided by a ten-foot wide sidewalk along both of those frontages. On-street parking will
be permitted on South 11th Avenue with the Applicant removing the bike lane and restriping the
street to allow for on-street parking adjacent to the residential lots (see Condition of Approval No.
2).
38.220.060. Documentation of compliance with adopted standards
The DRC completed a subdivision pre-application plan review on November 9, 2022 and no
variances were requested at that time. The DRC is recommending conditional-approval of the
current, revised application with the conditions and code provisions noted above in Sections 3 and
4.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC, Compliance with Adopted Standards.
38.220.060.A.1 – Surface water. There is one unnamed irrigation ditch lateral that flows
through the subject property. This lateral starts from the Alder Creek Subdivision to the south and
flows northward underneath W. Graf St. It then flows north by northwest across the subject
property (“Site”) to the existing ditch located in the planned alignment of Arnold St north of the
Site. In meeting with the owner of water rights in the area, the Middle Creek Ditch Company, it
was stated that water has not flown through this lateral for a few years. The downstream water
users obtain their water via another ditch to the west, offsite of the subject property. There are no
wetlands on this Site.
38.220.060.A.2 – Floodplains. The Site is located within the FEMA Panel 30031C0818E.
The majority of the Site lies within Zone X, which is the designation used for areas where there
minimal flood hazards.
38.220.060.A.3 – Groundwater. Groundwater monitoring wells were drilled on site in
December of 2022 to monitor the groundwater throughout the 2023 high-water season. In
December of 2022 the groundwater depth across the Site was approximately 13.5 feet. Spring
groundwater levels are much higher and, therefore, basements are not allowed within buildings
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within this Site except if, on a case-by-case basis, a licensed geotechnical engineer certifies that
the basements will be safe and suitable for the lot, flooding of the basement will not occur, as noted
in Code Provision No. 4.
In no case will sump pumps be allowed, nor floodwaters allowed to be discharged to the street
which can overburden the City’s stormwater capacity.
38.220.060.A.4 - Geology, Soils and Slopes.
a. Geologic hazards.
There are no known geologic hazards, areas of instability, or unusual soil, topographic or geologic
conditions present on site. The site topography slopes at a 1.5% in a northeasterly direction.
b. Protective measures. As aforementioned, there are no known geologic hazards, areas of
instability, or unusual soil, topographic or geologic conditions present on site. Therefore, no
additional protective measures are proposed to prevent, or material lessen the danger of future
property damage or injury due to any of the hazards.
c. Unusual features. There are no unusual features on site. There are no unusual soils, topographic
or geologic conditions on the property, which will limit the capability for building or excavation
using ordinary reasonable construction techniques. There is no known presence of the following
on site: shallow bedrock, high water table, unstable or expansive soil conditions, and slope. The
site topography slopes at a 1.5% in a northeasterly direction.
d. Soils map. The NRCS soils map overlaid with the subdivision shows that the majority of the
Allison Subdivision Phase IV contains 350B soils.
e. Cuts and fills. Proposed road and lot grades will not exceed 3-percent and slope work will not
exceed a 4:1 horizontal to vertical ratio. Cuts/fills required during construction will be minor and
will be less than three feet deep. A Storm Water Pollution Prevention Plan (SWPPP) will be
required to be approved before any construction begins. The SWPPP will contain Best
Management Practices (BMPs) that will be required to be implemented during construction that
will manage sediment and minimize erosion during construction. The SWPPP will also require
revegetation.
38.220.060.A.5 – Vegetation. The current site is an undeveloped tract historically used for
agriculture. Native vegetation is mainly reed grass, tufted hairgrass, prairie cordgrass, sedges and
shrubs. The Site is a stubble field and there are no steep areas, unstable slopes, or vegetation on
soils highly susceptible to wind or water erosion
38.220.060.A.6 – Wildlife. The Department of Fish, Wildlife & Parks (FWP) has evaluated the
site and does not have any fish and wildlife concerns at this time. It is noted that a small herd of
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“neighborhood” wild but “habituated” deer are frequently observed feeding upon the Site and area
throughout the year.
During construction a stormwater pollution prevention plan (SWPPP) will be required to be
issued and implemented to prevent unclean stormwater runoff during construction to enter
the waterway. Because this area has historically been used for agriculture, it has not been a vital
habitat for wild animals. All land included in streets, avenues, alleys, and public parks will be
donated to the City of Bozeman for public use and enjoyment. The subdivision does not interfere
with public access to any existing public areas. The Covenants, Conditions and Restrictions
(CC&R) document provides for the maintenance of streets, open space lots and the Park lot by the
Homeowners’ Association (HOA) as does the Certificate of Dedication signature block on Sheet
1 of the Preliminary Plat which will be carried forward to the final plat.
a. Species. Describe species of fish and wildlife which use the area affected by the
proposed subdivision.
The area has historically been used as agricultural land and therefore is not a significant habitat
for wildlife. The occasional deer and birds have been spotted on site.
b. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any
known critical, significant or "key" wildlife areas, such as big game winter range,
waterfowl nesting areas, habitat for rare or endangered species or wetlands.
As aforementioned, the land has historically been used as agricultural land and is currently a
stubble field. No known critical, significant, or “key” wildlife areas are known to exist on site.
Therefore, no plat overlay is included here because there are no such wildlife areas on site.
c. Pets/human activity. Describe the expected effects of pets and human activity on
wildlife. The subdivision will be subject to the City of Bozeman animal control laws that require
licensing of pets and leashes on dogs.
d. Public access. Describe the effects on public access to public lands, trails, hunting or
fishing areas. This site has no public access to public lands or hunting and fishing areas.
e. Protective measures. Describe any proposed measures to protect or enhance wildlife
habitat or to minimize degradation (e.g., keeping building and streets back from
shorelines, setting aside marshland as undeveloped open space).
As aforementioned, no significant wildlife areas exist on site. Montana Fish, Wildlife & Parks
states that they do not have any fish and wildlife concerns.
38.220.060.A.7 – Agriculture.
a. Number of acres in production and type of production.
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The majority of the property is, and has been, in hay production (approximately 20 acres).
b. Agricultural operations in the vicinity, and other uses of land in the general vicinity.
The surrounding area to the north, east, and south is residential development. The area to the
west has been used for hay production in past years.
c. The productivity of the land.
The land has been productive for hay production. According to the NRCS Soils Map, the
majority of the site consists of Blackmore silt loam, which is considered prime for farmland.
d. Whether or not the property is part of a viable farm unit, and whether the property was
under production during the last regular season.
The property is not part of a viable farm unit. The property has been leased for agricultural
development, but the owners plan to develop it for residential use now and into the future. The
site is surrounded on two sides with residential development.
e. What measures will be taken, if any, to control family pets.
All pets will be required to be constrained to home lots, or if on shared open space animals must
be kept on a leash per the City of Bozeman requirements. The covenants and restrictions address
controlling family pets.
f. Fencing of agricultural land.
No known fence lines around the subdivision boundary exist that protect agricultural lands under
an ownership other than that of the developer.
38.220.060.A.8 - Agricultural Water User Facilities. The Site is and was previously used for
the production of hay. Other land in the vicinity is used for production of hay and for residential
and commercial purposes.
An existing irrigation lateral ditch starts from the Alder Creek Subdivision to the south and
flows northward through the Site. This lateral starts on the southside of the subject property
and extends north by northwest across the west boundary then west on the adjacent property.
Peg Easton, who is the president of the Middle Creek Ditch Company and owns the water
shares to the ditch lateral, was first contacted via email on 07/25/23 with questions pertaining to
the ditch. A notice was sent out on 10/24/23 showing the Applicant’s intent to reroute the ditch on
the subject property. Ms. Easton is the lateral ditch person approving the realignment of the north
end of this ditch to go around the proposed Jarrett Subdivision parkland area and back into the
existing ditch on the north side of the park Block 10, Lot 2A. This new alignment is generally
consistent with the existing flow and will not impact any downstream users. The north ditch is
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currently located in the planned alignment of Arnold St which is being designed by Stahly
Engineering.
All impacted ditches still in use will be piped to allow for continued conveyance of water rights to
downstream users. The alignments of the piped ditches will be generally consistent with the
existing flow line of the ditch. If any realignment is determined to be necessary, it will comply
with all relevant requirements of State law.
38.220.060.A.9 - Water and Sewer. New water and sewer infrastructure will be installed on site
to serve the development’s residents. The sewer and water mains will provide service to the
residents of Jarrett Subdivision and are designed to tie into and supply future phases. The sewer
mains will connect to the existing City of Bozeman system in Arnold Street and S. 11th Avenue.
The water mains will be looped and connect to the existing City of Bozeman system in Arnold
Street, South 11th Avenue, and Graf Street.
a. Water rights. 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. Per Code Requirement No. 12, payment-in-lieu of
water rights must be made for the lots prior to final plat approval.
Per Code Requirement No. 12, cash-in-lieu of water rights (CILWR) are proposed to be paid prior
to final plat approval. However, compliance with subsection C.2 is deferred for the Blocks 7, 8
and 9 until the occurrence of future development, provided the Applicant records a notice of
restriction on future development in a form acceptable to the review authority with the Gallatin
County Clerk and Recorder: Individual lots of a subdivision final plat planned for future multiple-
household development.
Per Code Provision 12.d, a note must be included in the conditions of approval sheet indicating
the Blocks and Lots which will require future payment of cash-in-lieu of water rights upon future
development.
38.220.060.A.10 - Stormwater Management. The Site is currently undeveloped.
Stormwater management within the subdivision will be accomplished with the combination of
surface/gutter flow, pipe conveyance, and detention facilities. Monolithic curb and gutters and
valley gutters will be utilized to transfer stormwater to the drain inlets, which will be connected to
the closed conveyance piping collection system. The collection system will be designed to convey
the 25-year storm event. The location of the curb inlets and piping will be dependent on the final
roadway and grading design.
The stormwater basins and flow control structures will control and meter the discharge of the
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increased flow to the 10-year pre-development flows and will help remove solids, silt, oils grease
and other pollutants from the stormwater.
Stormwater Detention Ponds
The detention pond on the corner of Arnold Street and Bon Ton Avenue in Allison Subdivision
Phase IV was designed with this subdivision in mind. In general, the runoff from this subdivision
will drain northeast into the curb inlets on site and be piped across S. 11th Ave to the pond in
Allision Subdivision Phase 4A.
The stormwater management system was designed and sized per the City of Bozeman Design
Standards. Each pond is sized to accommodate more than the required volume, has 4:1 minimum
side slope and is 1.5 ft deep maximum with 6" depth of freeboard.
The runoff coefficients (C) were determined from Table I-1 of the City of Bozeman Design
Standards. Although the property will be both medium and high density residential, the runoff
coefficient for high density residential was used for the entire subdivision to be conservative
during the early design stage. Detention pond volume calculations are provided in this section.
The proposed detention facilities will be maintained by subdivision’s Homeowners Association as
noted in the CC&R document as noted in Code Requirement No. 8. Maintenance activities will
include periodic inspection, mowing of grasses in the basin and adjacent areas, weed control,
removal of trash, and maintenance of the basin flow control structure and outlet piping to ensure
the system functions properly.
38.220.060.A.11 - Streets, Roads and Alleys
The Site is located within the South 11th Street and Graf Street Payback District boundaries. Per
Condition of Approval No. 1, if the subject property did not participate in the original cost of
construction of improvements the subject property will be assessed, and must pay, a payback
charge prior to final plat approval.
Per Condition of Approval No. 2, a 1 foot "No Access" strip shall be placed along the South 11th
Avenue and West Graf Street frontages for the full length of the development in order to keep curb
cuts and turning movements into driveways off those collector roadways.
All lots will meet the minimum lot size and street frontage. Access will be provided to the
Subdivision from S 11th Ave, Graf St, and Arnold St. Arnold St will be extended from the
existing S 11th Ave at the roundabout to the west. Local streets will extend off these existing
roads and loop through the subdivision. S 11th Ave is a collector on the 2017 Bozeman
Transportation Plan and Arnold is a hybrid local street with a 70’ ROW, parking and bike lanes.
Except Arnold St, all new streets will be constructed as local roadways and will meet at the
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applicable standards. An alley is proposed in the subdivision to separate the lots in Block 1 and
Block 6. The proposed alley is 30’ wide, with a 20’ wide asphaltic concrete drive and 5’ wide
shoulders on each side. Attached are typical roadway sections.
All construction activities in the area will be required to have adequate dust control and erosion
control practices based on City and MDEQ standards. Temporary erosion control will also be
provided at the dead ends of streets between phases of construction. All interior local roads will
be constructed by the developer and maintained through construction. Upon acceptance of road
improvements, these roads will be maintained by the City of Bozeman.
A Traffic Impact Study was prepared for the subdivision and recommends mitigation measures for
the subdivision, some of which have been completed such as installing a traffic signal at S 11th
Ave. and Kagy Boulevard and constructing S.11th Ave. and W. Graf St. to two-lane urban collector
standards.
The City of Bozeman has requested that S. 11th Ave be restriped to replace the existing bike lane
with street parking and add a left turn lane into the proposed subdivision. The existing 10’ shared
use sidewalk along S. 11th Ave will be used for cyclists. A similar 10’ shared use sidewalk will
be provided along the W. Graf Street frontage. Street closures and/or traffic control will
be used during the restriping of S. 11th Ave.
38.220.060.A.12 – Non-Municipal Utilities. Northwestern Energy has been notified that
electricity and natural gas service will need to be provided to the subdivision and has confirmed
that they can provide service, as seen in the attached letter. It has been requested from
Northwestern to work concurrently and in cooperation with other utilities and services, including
telephone, internet, and cable TV providers to provide for their respective infrastructure in joint
utility trenches. Gas, electricity, and information utilities will be phased and will be installed after
completion of roads but prior to construction of dwellings. All utilities will be located underground
and per the City of Bozeman Standards.
38.220.060.A.13 - Land Use. The Site is currently being used for agriculture—the growing
of hay. The property was recently (June 7, 2024) rezoned from R-1, Residential Low-Density
District to both R-2, Residential Moderate-density and PLI, Public Lands and Institutions Districts.
The developer wishes to subdivide the 45.83 acre Site into 110 residential lots, 3
unbuildable/restricted development lots, 2 open space lots, one 7.521 acre park lot and streets and
rights-of-way. The R-2 zoning allows Single-Household, Two-Household and
Townhouse/Rowhouse residential dwellings within the subdivision. Most of the 3,000 square foot
lots within this subdivision will be built with townhomes. The larger 5,000 to 7,000 sf lots may
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be built with single-household, detached homes. The 3 restricted lots will need further subdivision
into smaller lots or, if to be developed as one lot, would need site plan review and approval.
38.220.060.A.14 - Parks and Recreation Facilities
The 7.521 acre Block 10, Lot 2A has a 6.75-acre “Public Park Easement” that will be used as a
park to serve this subdivision as well as future phases of the Allison Subdivision. This public park
easement will be called the BonTon Park. A Park Master Plan is included in this application.
The maintenance of the park, including weed control, garbage collection, snow removal, leaf
removal, and irrigation maintenance will be managed by the City. A detailed park plan will show
neighborhood amenities such as an elevated viewing platform, a grill, picnic tables, benches, and
doggie stations on the trail; these improvements will be paid for by the subdivider.
Because the BonTon Master Park Plan is also being used to satisfy parkland requirements in the
adjacent Allison Subdivision, the BonTon Master Park Plan must include linear park parcels,
compliant with section 38.420.110, to accommodate the Gallagator Trail Connections at the far
east of Allison Subdivision as noted in Code Provision Numbers 10 and 11. The master park plan
must be revised to include this information: Future development of Allison Subdivision will require
the inclusion and construction of the Gallagator Trail through the property. Calculations for
improvements-in-lieu value may need to be adjusted based on inclusion of the Gallagator.
Please note that parkland credit provided to future phases of Allison Subdivision by Jarrett
Subdivision and its associated park master plan, do not preclude the requirement for future phases
of Allison Subdivision to include and construct the Gallagator Trail corridor. The Gallagator Trail
is considered a joint Transportation/Recreation facility and as a Transportation Facility and major
anchor route, and per Sec. 38.220.040.A.14.(a).(13)., will be required to be constructed when
future phases of Allison Subdivision propose development, regardless of parkland credits provided
by Jarrett Subdivision and associated park master plan.
Parks will need a legal agreement with the property owner adjacent to the Gallagator Trail to ensure
a proper easement width will be acquired when that section of Allison Subdivision develops. The
requirement for the Gallagator Trial easement is in addition to any parkland dedicated with Jarrett
Subdivision. The availability of parkland credits at the time of future Allison Subdivision
development does not release the requirement for future phases of Allison Subdivision to provide
the required trail easement for the Gallagator Trail. Parks will provide the proposed legal
agreement.
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38.220.060.A.15 - Neighborhood Center Plan
The proposed parkland on Block 10 will serve as the Jarrett Subdivision neighborhood
center.
38.220.060.A.16 - Lighting Plan. A Lighting Plan for Jarrett Subdivision conducted by Royal
Engineering is provided in this submittal.
38.220.060.A.17 – Miscellaneous. There are no public lands within 200’ of the proposed
subdivision. There are no known potential hazards such as mining activity, potential subsidence,
high pressure gas lines, dilapidated structures, or high voltage power lines located within the
proposed subdivision. The Site is not located in the wildlands-urban interface per the Gallatin
County Wildlife Urban Interface Areas and Fire District map.
38.220.060.A.18 - Affordable Housing. There are no subsidized housing units proposed for
this development nor are there any BMC affordable housing incentives proposed to be
used.
38.220.060.A.19 – Adopted Growth Policy: See Appendix A below.
SECTION 8 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 3, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected parties,
and a review of the preliminary plat described in these findings of fact was conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence relating
to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the
proposal against the criteria and standards of Chapter 38 BMC, BMC; and to determine whether
the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public hearing on June 18, 2024 at which time the Department of Community Development Staff
reviewed the project, submitted and summarized recommended conditions of approval, and
summarized the public comment submitted to the City prior to the public hearing.
D. The Applicant acknowledged understanding and agreement with the recommended
conditions of approval, code provisions.
E. The City Commission requested public comment at the public hearing on June 28, 2024
and two persons offered comment as summarized below in Appendix B.
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After receiving
the recommendation of the relevant advisory bodies established by Article 38.210, BMC, and
considering all matters of record presented with the application and during the public comment
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period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary
plat would comply with the requirements of the Bozeman Municipal Code if certain conditions
were imposed. Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
G. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 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.
H. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by the City
Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval
of this subdivision shall be effective for three (3) years from the date of the signed Findings of
Fact and Order approval. At the end of this period the City may, at the request of the subdivider,
grant an extension to its approval for a period of mutually agreed upon time.
DATED this ________ day of _____________________, 2024
BOZEMAN CITY COMMISSION
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
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City Commission Findings of Fact and Order for the Jarrett Major Subdivision Preliminary Plat; Project 23072
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_________________________________
GREG SULLIVAN
City Attorney
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APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property was recently rezoned from R-1 to R-2, Residential Moderate Density District.
The intent of the R-2 residential moderate density district is to provide for the development of one-
to two-household or townhome residential structures at urban densities within the City. Urban
densities are not specifically defined in the UDC but in 38.300.100, the intent and purpose of all
residential and mixed use zones urge this compact development. The Community Plan policies
also urge urban densities, compact development and inf-fill development where municipal services
are already accessible.
Adopted Growth Policy Designation:
The subject property is designated “Urban Neighborhood” on the City’s Future Land Use Map
(FLUM). Table 4 of the Bozeman Community Plan 2020 shows the correlation between the Urban
Neighborhood future land use map designation and implementing zoning districts. (See below for
the Table).
This category primarily includes urban density homes in a variety of types, shapes, sizes, and
intensities. Large areas of any single type of housing are discouraged. In limited instances, an area
may develop at a lower gross density due to site constraints and/or natural features such as
floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire
stations, churches, schools, and some neighborhood-serving commerce provide activity centers for
community gathering and services. The Urban Neighborhood designation indicates that
development is expected to occur within municipal boundaries. This may require annexation prior
to development.
The FLUM allows the low-density R-1 Districts as well as the moderate-density R-2 Districts.
This proposed subdivision would provide one hundred and ten (110) 3,000 to 5,500 square foot
(sf) sized lots for townhomes. The Site is flat without habitat encumbrances such as wetlands or
floodplains. There is an agricultural irrigation ditch on the Site that will be removed and piped to
allow for continued conveyance of water rights to downstream users. The alignments of the piped
ditches will be generally consistent with the existing flow line of the ditch. If any realignment is
determined to be necessary, it will comply with all relevant requirements of State law. As such,
the presence of the irrigation ditch will not impair an urban scale and density of the Site. The R-2
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zoning only allows single-household, duplex or townhome/rowhouse development on the Site
which is similar to adjacent built subdivisions but dissimilar to the more urban apartment complex
developments currently under construction in the area.
The Urban Neighborhood growth policy encourages development to be walkable, which is defined
in the glossary as: Walkable. A walkable area has:
• A center, whether it’s a main street or a public space.
• People: Enough people for businesses to flourish and for public transit to run frequently.
• Parks and public space: Functional and pleasant public places to gather and play.
• Pedestrian design: Buildings are close to the street; parking lots are relegated to the back.
• Schools and workplaces: Close enough that walking to and from home to these destinations is
realistic.
• Complete streets: Streets designed for bicyclists, pedestrians, and transit.
The Site has a Block Frontage designation of “Landscape” which facilitates homes with entrances
facing the street . Block 1 of Phase I and Block 6 of Phase II of the subdivision features lots with
alley access. This would facilitate the development of garages facing the alley which decreases
the number of curb cuts and driveways facing the street resulting in safer and more convenient
pedestrian and bicycle travel on the street. It also facilitates the “pedestrian design” of each of the
street-facing townhouses providing a porch, entry door and windows to make an attractive
streetscape and a human scale, walkable neighborhood.
The subdivision provides a 75 acre park at the northwest corner of the Site. This will be designed
and built to serve as the neighborhood center for this subdivision. The park will also be designed
to connect with open space and parkland on adjacent lands to the north when that land is developed
from farmland to housing.
The site is surrounded by urban-scale apartment complexes planned or under construction. The
residential neighborhoods to the north are interspersed with pockets of personal service
commercial establishments. Around 900 new dwelling units are under construction in the vicinity;
most at urban densities in R-4, residential high density and REMU, residential emphasis mixed
use zoning districts.
Transit. Although the closest bus stop lies about one and a half miles north of the Site at College
and S. 13th Avenue. It is anticipated that the Streamline bus service will respond to this new
population and potential transit demand within the next few years. Therefore, it is not surprising
that, at this time, the Site has a walk score of zero for transit. All trips are dependent upon a vehicle
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or a bicycle. The Site is deemed by the private Walk Score algorithm to be somewhat bikeable
(outside of snow months).
The City conducts extensive planning for municipal transportation, water, sewer, parks, and other
facilities and services provided by the City. The adopted plans allow the City to consider existing
conditions and identify enhancements needed to provide additional service needed by new
development. The City implements these plans through its capital improvements program that
identifies individual projects, project construction scheduling, and financing of construction.
The subject properties are within the City’s land use, transportation, parks, and utility planning
areas. The 2025 to 2049 Capital Improvement Plan shows transportation system expansion projects
on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in the
area. Development consistent with City standards will improve connectivity of sidewalks to
adjacent residential and commercial districts. About a half-mile north of the Site along S. 11th
Avenue is a Deli and Market and another half-mile north along S. 11th is a Town and Country
grocery store with some other local shops and restaurants on S. 11th Avenue and College Avenue.
All of which are generally walkable and bikeable. There are many college students walking and
biking about in the area.
Any future development of the property will be required to conform to City standards for setbacks,
height, lot coverage, and buffering.
The City’s transportation plan is used to evaluate transportation needs over the long term
throughout the City and will evaluate impacts of motorized vehicles along with bikes and
pedestrians. The parks and trail plans also examine and specify options for extensions of the
existing trail network through this site. Development review of individual lots within the
subdivision will ensure that development under the new R-2 zoning will comply with the City’s
standards for the provision of onsite parking, circulation and open space. The Homeowners
Association (HOA) for the subdivision will maintain the two open space lots, landscaping and
stormwater manage facilities. The City will maintain the new BonTon Park after the subdivider
constructs the park and amenities. Eventually, there will be public streets fronting the park on all
sides.
Relevant Community Plan Growth Policies Addressed by this Subdivision
THEME 2 | A CITY OF UNIQUE NEIGHBORHOODS
Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods,
quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of
commerce.
Goal N-1: Support well-planned, walkable neighborhoods.
N-1.2 Increase required minimum densities in residential districts.
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Staff Comment: The R-2 zone offers slightly higher densities than the R-1 zone in that a duplex
housing type is permitted with minimum lot sizes of 2,500 sf. Townhomes and row houses are
permitted in the R-2 zone with minimum densities of 3,000 sf of lot area per attached dwelling.
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 within 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.
Staff Comment: The BonTon Park will serve as the neighborhood center for this subdivision as
shown above in Exhibit 9 and below in Exhibit 9. The multi-modal connections to adjacent
developments are shown in Exhibit 9. The east-west connection to the mixed use development to
the west and to S. 19the Avenue will be provided in later phases when Lot 1/Block 7, one of the
restricted lots, is developed.
Exhibit 9: BonTon Park connection to the future Gallagator Trail Linear Park
Staff Comment: The Parks and Recreation Department accepts the subdivision Master Park Plan
and views the BonTon Park as part of a community park consisting of this BonTon Park and the
South University District public park located on the north side of Arnold Street. However, the
BonTon Park does not offer dog off lease facilities.
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N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially
through mechanisms such as density bonuses.
N-3.8 Promote the development of "Missing Middle" housing (side by side or stacked
duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of
the most critical components of affordable housing.
Staff Comment: The R-2 zoning would allow development of duplex and rowhouse/townhouse
style housing. The 3,000+ square foot townhouse lots bordering the alley in Block 1 of Phase I and
Block 6 of Phase II of the subdivision are intended to offer lower per-unit costs and intended to
accommodate smaller and, therefore, lower cost housing. This may be affordable “by design” for
missing middle type housing.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided by the Applicant by posting on the property and by first class mail to
landowners of adjacent properties at least 15 and not more than 45 days prior to the close of the
public comment period/the June 18, 2024 City Commission public hearing per BMC 38.220.420.
The Applicant posted public notice on the Site on May 10, 2024 and mailed by first class mail on
that same date to landowners of record within 200-feet of the Site. As of the date of this report, no
written or phone call comments have been received. However, at the Planning Board meeting of
June 3, 2024, two people commented on the project. Their comments are noted below.
Allison Sweeney:
• Is pleased to see this application that would provide townhomes. Townhomes provides a
mix of housing types for the City and for this area.
• Loves her basement and supports basements at this subdivision.
• Recommends that residential buildings incorporate eaves in the roofline; this moves water
away from basements.
Kim Green:
• Supports development of townhomes and advises that it would be suitable housing for
University students in the area.
• The proposed Park should be maintained by the City Parks Department and not the
subdivision HOA. HOAs are often cash-strapped and may not maintain the park properly.
• Supports a shared use trail along the perimeter of the subdivision which links all the parks
in the area to the homes.
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At the June 18, 2024 City Commission meeting, one person commented and his comment is
summarized below.
Mark Egge:
• The City Commission should not have to spend their valuable time reviewing subdivision
applications as was directed by Senate Bill 382 to be an administrative review and decision
process. Rather, the Commission should spend their time on policy decisions.
Subdivisions that meet adopted codes should be reviewed administratively by staff.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner/Applicant: Bon Ton Inc, Eugene Graf, President and Yvonne G. Jarrett
Representative: Chris Budeski, Madison Engineering
Report By: Susana Montana, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENT LINKS
The application materials are available here and
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=274018&cr=1
and in the City’s Laserfiche archive and may be accessed through the Community Development
viewer as well.
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Memorandum
REPORT TO:City Commission
FROM:Susana Montana, Senior Planner
Brian Krueger, Manager, Development Review Division
Erin George, Interim Director, Community Development
SUBJECT:Approve the Ferguson Farms II Major Subdivision Preliminary Plat
Modification; Application 23295
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Approve the Ferguson Farms II Major Subdivision Preliminary Plat
Modification; Project 23295
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
This is a request to modify the April 4, 2023 approved Preliminary Plat of the
Ferguson Farms II major subdivision (Project No. 19027). The purpose of the
modification is to retain the Maynard Border Ditch irrigation facility at its
current location rather than moving it 30 feet to the west as was originally
shown in the approved Preliminary Plat (PP).
This need to retain the ditch in its current location was not realized by the
Applicant at the March 7, 2023 PP review and approval. Subsequent and
more detailed study of the ditch by the Applicant’s consultant resulted in the
recommendation to retain the channel in place.
As a result of the reconfiguration of the west side of the PP, 4 public open
space lots would be enlarged. The total lots in the 31 acre subdivision would
be reduced as follows:
From 72 lots consisting of 49 commercial lots, 9 parking lots, 14 open
space lots and roads and alleys to a total of 67 lots consisting of 42
commercial lots, 10 parking lots, 15 open space lots and roads and
alleys.
Apart from the retention of the ditch in place, enlargement of the open
space lots along the ditch channel and the reduction in the number and size
46
of lots west of Ravalli Street, the lot size and configurations east of Ravalli
Street remain the same.
The property (“Site”) lies within an Urban Mixed Use (UMU) zoning district
and has a preliminarily approved Planned Unit Development (PUD) overlay
(Project No. 19028). The Ferguson Farms II Preliminary PUD will be deemed
a “Legacy PUD”, pursuant to the Bozeman Municipal Code (BMC) Section
38.440, when the Final PUD plan is submitted by the Applicant and approved
by the Director of Community Development.
UNRESOLVED ISSUES:
The Preliminary Plat is conditioned on the approval of the Final PUD.
ALTERNATIVES:None suggested
FISCAL EFFECTS:There will be increased property tax revenue from development within this
subdivision, along with increased costs to provide municipal services to that
property. No unusual fiscal effects are anticipated.
Attachments:
23295 FF II PP MOD CC staff rpt.pdf
010 - Appendix A.8 Green Plan.pdf
Report compiled on: July 2, 2024
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City Commission Staff Report for the Ferguson Farms II Major Subdivision Preliminary
Plat Modification; Application No. 23295
Public Meeting Dates:
The Community Development Board, acting in their capacity as the Planning Board, held a
public meeting on the Ferguson Farms II Major Subdivision Preliminary Plat Modification on
July 1, 2024 at 6:00 P.M. in the City Hall Commission Room. On consent agenda, the Board
unanimously, 6 to 0, adopted the following Motion for the project.
Having reviewed and considered the application materials, staff report, public comment,
and all the information presented, I move to recommend approval of Application 23295,
the Ferguson Farms II Major Subdivision Preliminary Plat, as modified, with the staff-
recommended conditions and subject to all applicable code provisions.
There was no discussion on the project by the Board, although there was one question: “Will
this project be required to meet the new water conservation standards for landscaping?” Staff
responded that the project achieved “adequacy” (that the materials for the application are
complete and are sufficient in information in order for the City to make a decision on the
project) prior to the effective date of the water conservation ordinance so the Applicant is not
required to meet those standards. [The project was deemed complete/adequate for further
review on June 12th and the water conservation ordinance became effective on June 15, 2024.]
The City Commission public meeting on this application 23295 will be held on July 16, 2024
at 6:00 P.M. in the City Hall Commission Room. Electronic access to the meeting may be
available as outlined on the published agenda of the meeting.
City Commission Recommended Motion
Having reviewed and considered the application materials, staff report, public comment,
Planning Board recommendation, and all the information presented, I move to approve
Application 23295, the Ferguson Farms II Major Subdivision Preliminary Plat, as
modified, with the staff-recommended conditions and subject to all applicable code
provisions.
Modification Project Summary: This is a request to modify the April 4, 2023 approved
Preliminary Plat of the Ferguson Farms II major subdivision (Project No. 19027). The purpose of
the modification is to retain the Maynard Border Ditch irrigation facility at its current location
rather than moving it 30 feet to the west as was originally shown in the approved Preliminary Plat
(PP). This modification results in the reconfiguration of lots west of Ravalli Street and the increase
in the size of the public open space lots by 2.2 acres. In retaining the ditch in its current location,
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4 of the buildable lots on the west side of the ditch would be removed and others would be re-
sized.
This need to retain the ditch in its current location was not realized at the March 7, 2023 PP review
and approval. Subsequent and more detailed study of the ditch by the Applicant’s consultant
resulted in the recommendation to retain the ditch in place.
As a result of the configuration of the west side of the PP, four public open space lots would be
enlarged as is shown in Figures 8 and 9 below. The total lots in the 31 acre subdivision would be
reduced as follows:
• From 72 lots consisting of 49 commercial lots, 9 parking lots, 14 open space lots and roads and
alleys;
• To a total of 67 lots consisting of 42 commercial lots, 10 parking lots, 15 open space lots and
roads and alleys.
• Off-site improvements include a shared-use pathway along the Site’s perimeter, a bus shelter,
and roads and water and sanitary sewer facilities to serve the development.
Apart from the retention of the ditch in place, enlargement of the open space lots along the ditch
channel and the reduction in the number and size of lots west of Ravalli Street, the lot size and
configurations east of Ravalli Street remain the same.
The property (“Site”) lies within an Urban Mixed Use (UMU) zoning district and has a
preliminarily-approved Planned Unit Development (PUD) overlay (Project No. 19028). The
Ferguson Farms II Preliminary PUD will be deemed a “Legacy PUD”, pursuant to the Bozeman
Municipal Code (BMC) Section 38.440, if and when the Final PUD plan is approved by the
Director of Community Development.
Project Legal Description: Lot 5 of Minor Subdivision No. 295 located in the SW ¼ of Section
10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana.
Project Location: 4250 Fallon Street located at the northwest corner of Ferguson Avenue and
Huffine Lane, south of Fallon Street and east of Resort Street.
Development Review Committee (DRC) Finding: The June 5, 2024 revised Ferguson Farms II
Preliminary plat modification Major Subdivision Modification application conforms to
standards and is sufficient for approval with conditions and code provisions. The
application was deemed adequate for further review on June 12, 2024.
Report Date: July 2, 2024
Staff Contact: Susana Montana, Senior Planner
Cody Flammond, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
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EXECUTIVE SUMMARY
Project Summary
This report is based on the June 5, 2024 revised submittal of the Ferguson Farms II Preliminary
Plat Modification application, and any public comment received to date. The application materials
are available in the City and may be accessed through the Community Development viewer.
The property owner/applicant submitted a major subdivision preliminary plat modification
application to create 67 lots from a 31-acre parcel (“Site”). The Site consists of 42 commercially
buildable lots, 10 parking lots,15 open space lots and public streets and alleys.
Pursuant to State Statute Section 76-3-616 Montana Code Annotated (MCA), the final decision
for a Major Subdivision Preliminary plat modification with more than 50 lots must be made within
80 working days of the date it was deemed adequate/sufficient for further review. The
Development Review Committee (DRC) deemed the application adequate for continued review
on June 12, 2024. Pursuant to the Bozeman Municipal Code (BMC) Section 38.240.130, the City
Commission shall approve, conditionally approve or deny the subdivision application by October
4, 2024, unless there is a written extension from the developer, not to exceed one year. A public
hearing is not required for this application.
Public notice posting the property and first class mailing to adjacent property owners began June
14, 2024 and will end July 16, 2024 at the Commission meeting. One public comment has been
received to date.
Unresolved Issues
Unresolved issues at this Preliminary plat modification stage, such as those related to trails, streets,
agricultural water facilities, and easements, would be resolved with the Final Plat application
which must satisfy the recommended preliminary plat modification conditions of approval and all
relevant Bozeman Municipal Code (BMC) provisions. However, this subdivision does not meet
the standards of the underlying UMU (Urban Mixed Use) zoning designation and cannot be
approved without the separate and first approval of the companion Ferguson Farms II Final
Planned Use Development (PUD) application. This limitation is a condition of approval of this
Preliminary plat modification. The Preliminary PUD application was approved by the City
Commission on March 7, 2023. The Preliminary PUD (P-PUD) must be followed up by an
application submittal and approval of a Final PUD which must be recorded with the Gallatin
County Clerk and Recorder before a Ferguson Farms II Subdivision Final Plat can be approved
and recorded with the Clerk and Recorder. The recording of the Final PUD will enable the
subdivision to meet and be consistent with lot size, street design and other design parameters of
the PUD. This Preliminary Plat Modification submittal was reviewed for consistency with the
March 7, 2023 Ferguson Farms II Preliminary PUD and was found to conform with the provisions
and approved relaxations of the P-PUD and conforms with the remaining provisions and standards
of Chapter 38 of the Bozeman Municipal Code (BMC).
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Alternatives
1. Approve the application with the staff-recommended conditions;
2. Approve the application with modifications to the staff-recommended conditions;
3. Deny the application based on the findings of non-compliance with the applicable BMC
criteria noted in the staff report; or
4. Continue the public meeting on the application to a later date, with specific direction to
staff or the Applicant to supply additional information or to address specific items.
Table of Contents
EXECUTIVE SUMMARY ............................................................................................................ 3
Project Summary ................................................................................................................. 3
Unresolved Issues ............................................................................................................... 3
Alternatives ......................................................................................................................... 4
Table of Contents ............................................................................................................................ 4
SECTION 1 - MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ............................................................................... 16
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 16
SECTION 4 - CODE PROVISIONS ............................................................................................ 21
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS .......................................... 23
SECTION 6 - STAFF ANALYSIS AND FINDINGS ................................................................. 23
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B. ........................... 23
APPENDIX A – NOTICING AND PUBLIC COMMENT ......................................................... 36
APPENDIX B - OWNER INFORMATION ................................................................................ 36
ATTACHMENT LINKS .............................................................................................................. 36
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SECTION 1 - MAP SERIES
Figure 1. Location Map
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Figure 2. Zoning Map; Site is Urban Mixed Use (UMU)
County
Regional
Park
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Figure 3: Community Plan Future Land Use Map—Community Commercial Mixed Use
Site
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Figure 4. Site Existing Conditions Map
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Figure 5: Existing Conditions showing brown areas of “nonwetland forested riparian (Rp1FO)”.
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Figure 6: Maynard Border Ditch through the Site
Skybridge alignment in red, east of the Ditch
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Figure 7: March 7, 2023 approved Preliminary Plat (Project 19027)
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Figure 8: Proposed Preliminary Plat Modification (Project 23295)
Cross hatch areas indicate
parking areas. Condo garages
denoted by
15 open space lots
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Figure 9: Proposed Preliminary plat Modification Open Space Plan
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Figure 10: Preliminary Plat Modification Phasing Plan
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Figure 11: Ferguson Farms II Land Use Map
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SECTION 2 – REQUESTED VARIANCES
The Applicant seeks no subdivision variances because the Applicant is seeking approval of a Final
Planned Unit Development (PUD) that would grant 24 of the originally requested 26 deviations
and waivers from Bozeman Municipal Code (BMC) land use, design and development standards.
The proposed Preliminary Planned Unit Development (P-PUD) was approved on March 7, 2023
and a Final PUD must be approved and recorded with the County Clerk and Recorder prior to
consideration for approval of a Final Ferguson Farms II Subdivision in order for the lots therein to
meet the zoning standards of the PUD and of the Bozeman Municipal Code (BMC) [see Condition
of Approval No. 1]. The approved P-PUD, Project No. 19028, includes 24 of the 26 requested
deviations/relaxations from the BMC that are loosely grouped as:
(1) Allowing various commercial uses as principal uses that are conditional or are not otherwise
permitted in the UMU district per Tables 38.310.040.A through E;
(2) exemption from the Section 38.310.050 requirements for (a) a mix of uses within each site
plan; (b) the 70% maximum gross square footage limitation for a single use, such as office, for
the entire Site; and (c) the requirement that a minimum of 70% of the ground level block
frontages must be occupied by a specific ratio of non-residential uses;
(3) exemption from the ground floor commercial space requirements of 38.330.010.E.2;
(4) building height increases over the 60’ maximum for the UMU district per Table 38.320.050 to
90’ and 6 stories throughout the Site;
(5) exemption from minimum and maximum number of parking requirements of 38.330.010.F and
38.540 and 38.550;
(6) Tables 38.540.050-1 through 3 and exemption from the requirement that bicycle racks must be
located within 100 feet from the building serves per 38.540.050.A.4.b;
(7) alternate on-street parking layouts to allow angled back-in parking spaces;
(8) alternate Block Frontage designations and setback relaxations per 38510.030.L;
(9) landscaping and tree planting exemptions per 38.550; and
(10) building front setback relaxations per 38.510.
SECTION 3 – PRELIMINARY PLAT MODIFICATION RECOMMENDED
CONDITIONS OF APPROVAL
The following conditions of approval and code provisions are offered to satisfy City and relevant
State requirements as well as site-specific mitigation for potential adverse impacts associated with
development of the proposed subdivision. The conditions of approval are in addition to any
required code provisions identified in this report. The conditions are specific to the preliminary
plat modification application. Staff has considered the impacts as identified in the staff analysis
and application materials and these conditions of approval are deemed reasonably related and
roughly proportionate to the development of this subdivision.
(1) This Preliminary plat modification does not meet current UMU zoning and Bozeman
Municipal Code (BMC) land use, design and development standards. These deficiencies,
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deviations and waivers are included in the approved proposed Ferguson Farms II Preliminary
Planned Unit Development (P-PUD) application, Project No. 19028. A Final PUD must be
administratively approved by the Director of Community Development and recorded with
the County Clerk and Recorder before the Final Plat for this subdivision may be approved
by the City Commission.
(2) BMC 38.400.090. Prior to approval of the Final Plat, the Applicant shall record proper legal
lot access easements and a deed restriction for the following 6 lots to provide adequate legal
and physical access to public or publicly accessible streets or alleys: Lot 1B, Block 8; Lots
1B and 1C, Block 3; Lots 1B and 1C of Block 7; and Lot 4 of Block 6.
(3) The Applicant must execute and record the applicable Special Improvement District (SID)
waivers and a copy of the recorded waiver document shall be submitted to the Director of
Transportation and Engineering prior to Final Plat approval. When approved, the applicant
must provide and file with the County Clerk and Recorder's office executed Waivers of Right
to Protest Creation of Special Improvement Districts (SIDs) on City standard form for the
following:
a) Street improvements to Ferguson Avenue between Huffine Lane and Babcock Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
b) Street improvements to Huffine Lane between Cottonwood Road and Fowler Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c) Street improvements to Fallon Street between Cottonwood Road and Ferguson Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
d) Street improvements to Ravalli Street between Fallon Street and Ferguson Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e) Street improvements to Resort Drive between Huffine Lane and Babcock Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
f) Intersection improvements at Ravalli Street and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g ) Intersection improvements at Resort Drive and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
h) Intersection improvements at Ferguson Avenue and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
i) Intersection improvements at Ferguson Avenue and Huffine Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
j) Intersection improvements to Resort Drive and Huffine Lane including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
k) Intersection improvements to Cottonwood Road and Fallon Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
l) Intersection improvements to Resort Drive and Babcock Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
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The document filed must specify that in the event an SID is not utilized for the completion
of these improvements, the developer agrees to participate in an alternate financing method
for the completion of the improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic contribution from the
development, or a combination thereof. The applicant must provide a copy of the filed SID
waiver to the City Engineer prior to Phase 1 final plat approval.
(4) Prior to Phase 1 final plat approval, the applicant must place on the conditions of approval
sheet of the final plat a note stating, "The property owners association (Insert Final Property
Owners Association name as recorded in the CC&Rs) must maintain all of the streets in the
subdivision including snow removal, pavement maintenance, and all other maintenance
functions of the streets."
(5) The Applicant must identify the 100-year flood hazard area on the Final Plat prior to Phase
1 Final Plat approval.
(6) Parking lots providing primary access and parking for multiple lots must be constructed prior
to the corresponding final plat phase approval.
(7) The Final Plat Condition of Approval block on Plat Page 4 shall have a condition that reads:
"Due to known high groundwater in the area, no basements are permitted with future
development of the site. No crawl spaces are permitted with future development of the site
unless a professional engineer registered in the State of Montana certifies that the lowest
point of any proposed structure is located above the seasonal high groundwater level and
provide supporting groundwater data prior to release of a building permit. In addition, sump
pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are not
allowed to be connected to the drainage system unless capacity is designed into the drainage
system to accept the pumped water. Water from sump pumps may not be discharged onto
streets where it may create a safety hazard for pedestrians and vehicles.”
(8) The Final Plat Conditions of Approval block on Page 4 shall include the following condition
of approval: "The back-in angled parking is to be maintained by the property owners'
association, which includes snow removal, pavement maintenance, and all other maintenance
functions of the back-in angle parking spaces."
(9) The following condition of approval must be included on the Conditions of Approval block
on Page 4 of the plat. "Lot access must be constructed to the standard set forth by the City of
Bozeman Design Standards and Specifications Policy, and the City of Bozeman
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Modifications to the Montana Public Works Standard Specifications per Bozeman Municipal
Code requirements."
(10) This subdivision provides a sidewalk along the bordering public streets as well as along
internal streets. Prior to Final Plat approval, the Applicant must provide an easement for the
portion of the proposed eight-feet wide, paved shared use trail that exists outside of the public
right-of-way. The Class I shared use trails abutting the subdivision along the Huffine Lane
and Ferguson Avenue frontages must be widened from 8 feet to 10 feet, an 8-foot wide Class
I trail shall be installed along the Fallon Street frontage, and a 10-foot wide Class I trail shall
be installed along the Resort Drive frontage concurrent with any first phase construction of
this subdivision.
(11) The following condition of approval must be added to the Conditions of Approval block on
Plat Sheet 4 prior to Final Plat approval: "The Property Owners Association is responsible
for repair and replacement of any special surface finishes, including but not limited to
stamped concrete, in the public right-of-way including for damage during City maintenance,
repair, or replacement of utilities beneath the public right-of-way."
(12) The following language must be added to the covenants, conditions, and restrictions
document prior to Final Plat approval. "The Property Owners Association is responsible for
repair and replacement of any special surface finishes, including but not limited to stamped
concrete, in the public right-of-way including for damage during City maintenance, repair,
or replacement of utilities beneath the public right-of-way. The City will return the land to a
finished grade but will not be responsible for any repair or replacement of any special surface
finishes."
(13) Prior to Phase 1 Final Plat approval, a separate left hand turn lane located in the east bound
direction of Fallon Street at the intersection of Fallon Street and Ferguson Avenue must be
installed. Improvements must satisfy all City of Bozeman design standards. All installed
improvements must be formally accepted by the City prior to Phase 1 Final Plat approval.
(14) Prior to Phase 1 Final Plat approval, Ferguson Avenue must be reconstructed in order to
provide a two-way left turn lane from the intersection of Huffine Lane through Fallon Ave.
Improvements must satisfy all City of Bozeman design standards and must include bicycle
and pedestrian facilities. All installed improvements must be formally accepted by the City
prior to Phase 1 Final Plat approval.
(15) Prior to Phase 1 final plat approval, the applicant must install a right hand deceleration turn
lane on Huffine Lane at Brookfield Ave, depending on Montana Department Transportation
(MDT) approval. Improvements must satisfy all City of Bozeman and MDT design
standards. All installed improvements must be formally accepted by the City prior to Phase
1 Final Plat approval.
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(16) Prior to Phase 2 final plat approval, the applicant must install a right hand deceleration turn
lane on Huffine Lane at Resort Drive, depending on Montana Department Transportation
(MDT) approval. Improvements must satisfy all City of Bozeman and MDT design
standards. All installed improvements must be formally accepted by the City prior to Phase
2 Final Plat approval.
(17) The applicant must provide the necessary additional right-of-way for a separate left turn lane
located in the east bound direction of Fallon Street at the intersection of Fallon Street and
Ferguson Avenue per BMC 38.400.060.
(18) The Final Plat submittal must contain the updated flood hazard evaluation which must be
provided with an infrastructure review and include the post-developed basin exhibit and
channel dimensions for the Maynard Border Ditch.
(19) The Applicant must provide the necessary additional right-of-way for a separate left turn lane
located in the east bound direction of Fallon Street at the intersection of Fallon Street and
Ferguson Avenue prior to Final Plat approval.
(20) Prior to Final Plat approval, the Applicant must provide a utility exhibit that shows the
proposed layout of the subdivision's water, sewer, stormwater, and other relevant utilities
that satisfies the City’s engineering design standards and specifications policy (DSSP). If
additional easement or right-of-way is required to satisfy DSSP requirements with the
updated utility layout, the necessary right-of-way or easement must be provided prior to Final
Plat approval.
(21) The Applicant must add a note to the conditions of approval sheet of the Final Plat which
states the following: “All stormwater infrastructure located in the subdivision (Insert Final
Subdivision Name) including stormwater infrastructure located within the public right-of-
way must be maintained by the property owners' association (Insert Final Property Owners
Association Name as recorded in the CC&Rs)”.
(22) The Applicant shall provide a full Design Report for Water, Sewer and Stormwater for this
project, including all the appendices, with the final plat submittal.
(23) The subdivisions stormwater maintenance plan must clearly state the following condition:
“All stormwater infrastructure located in the subdivision (Insert Final Subdivision Name)
including stormwater infrastructure located within the public right-of-way will be maintained
by the property owners' association (Insert Final Property Owner's Association Name as
recorded in the CC&Rs)." The approved stormwater plan must be incorporated into the
property owners’ association documents and a copy of the documents demonstrating the
inclusion of the stormwater maintenance plan must be provided prior to Final Plat approval.
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SECTION 4 - CODE PROVISIONS
1. The Final Plat must comply with State statute, Administrative Rules of Montana, the
Bozeman Municipal Code and an adopted Ferguson Farms II Final Planned Unit
Development.
2. BMC 38.100.080.A. Any unmet code provisions, or code provisions that are not
specifically listed as a condition of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law.
Sections 3 and 4 of this report identify conditions and code corrections necessary to meet
all regulatory standards.
3. BMC- 38.400.020.A.2- The applicant must submit a draft maintenance plan for open
spaces and common areas and associated legal instrument in accordance with BMC
38.220.320 with the final plat submittal.
4. BMC.38.400.060. All easements, existing and proposed, must be accurately depicted and
addressed on the Final Plat and in the Final Plat application. Public utilities must be located
within dedicated street right of ways. Utility easements need to be provided and granted
with the Final Plat in accordance with public and private design standards.
5. BMC 38.220.060.A.9. and 38.410.130. Water Adequacy.
(a) The City Water adequacy code must be satisfied at the final plat approval. The
CILWR fee determination will occur with the final plat applicant and must be paid prior
to approval.
(b) Prior to final plat approval, the pre-determination from the DNRC demonstrating that
the irrigation wells may be permitted under Montana’s exempt appropriation must be
provided. The water rights for the proposed well must be obtained prior to the final plat
application, otherwise, the irrigation demand will be included in the developments
CILWR fee. If the permitting for well no. 1 can’t be filed with the final plat since the well
has not been put to use, the well and the equivalent CILWR fee for the irrigation demand
must be included in an improvement agreement prior to final plat approval.
(c) Water adequacy code requirements will be deferred for the commercial lots until
future development. No cash-in-lieu of water rights will be paid for these lots. A note
must be included on the plat to notify future owners of the restriction pursuant to
38.410.130.C and approved by Staff prior to final plat approval.
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6. BMC 38.410.130 (A) (1) Water rights -With future site plan applications, the Applicant
must contact the Engineering Department to obtain a determination of cash-in-lieu of water
rights (CILWR). CILWR must be paid prior to the approval of the corresponding site plans.
7. BMC 38.410.060.D- An agricultural water user facility easement meeting the requirement
of 38.410.060.D.1. must be dedicated with the final plat and a notice must also be recorded
with a Final Plat or prior to Final PUD plan approval, stating that the easements are subject
to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch
easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA
regarding duties and liability. The notice must include language to assure the duties are
binding upon all successors in interest and remain in effect until such time that the
agricultural water user facility is abandoned in accordance with the requirements of
Montana Law or alternative requirements are agreed to in writing by all applicable parties.
The easements must be prepared as documents separate from a Final Plat but may be
referenced on a Final Plat.
8. BMC 38.410.060.4.D and D.3. Prior to Final Plat approval a professional engineer must
certify that the water entering and existing the realigned Maynard Border Ditch is of the
same quality and quantity that entered or exited the facility prior to development. If there
will be a change to the quality and amount of water that entered or exited the facility,
including any change to the historic stormwater discharge to the facility, the certification
must clearly identify the change and the Maynard Border Ditch Company must provide
written approval of the change. Both the certification and written approval must be
provided with the Final Plat application. If approval cannot be obtained and a material
modification to the subdivision is needed, then a preliminary plat modification application
is required to be resubmitted for review, per BMC 38.100.070.B.
9. BMC 38.600.170. - All public water and sewer mains must be placed in a casing pipe when
crossing the Maynard Border Ditch to a minimum of 10 feet beyond the adjacent top of
channel. This distance may need to be increase depending on main depth as determined by
the City during the subdivision infrastructure review.
10. BMC. 38.410.060. Prior to Final Plat approval, the Applicant shall clearly state on the plat
who is responsible for the maintenance of the proposed culverts and pedestrian crossing
along the Maynard Border Ditch.
11. BMC 38.410.060. Prior to Final Plat approval, the Applicant must provide written approval
from the Maynard Border Ditch Company for any alteration to the Maynard Border Ditch
or its maintenance easements.
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12. BMC 38.600.170. D. - The Final Plat shall depict on the condition of approval sheet the
location of the post-developed flood hazard area.
13. BMC 38.270.030 Completion of Improvements - The City acknowledges the receipt of the
Applicant’s request for completion of improvements per Subsection B.1.b.2 and concurrent
construction per Subsection D. The Applicant is advised that the requirements of
Subsection B.1.b.2 must be fulfilled prior to Final Plat approval and the requirements of
Subsection D must be fulfilled prior to building permit approval.
14. BMC 38.410.060-The Applicant must provide an easement for the portion of the proposed
eight-foot shared use path that exists outside of the public right-of-way prior to final plat
approval.
15. BMC 38.410.060- The Applicant must provide an easement for the portion of the 10-foot
sidewalk along Resort Drive that exists outside of the public right-of-way prior to final plat
approval. The easement must extend a minimum of one foot past the edge of the sidewalk.
SECTION 5 - RECOMMENDATIONS AND FUTURE ACTIONS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively, this information is the record of the review. The analysis in this
report is a summary of the completed review.
On June 12, 2024, the Development Review Committee (DRC) determined that the application is
adequate for continued review and found that the application conforms to standards and is
sufficient for approval with conditions and code provisions based on the staff analysis and findings
described below in Section 6 of this report.
The public meeting date for the City Commission's consideration of this application is July 16,
2024 at 6:00 PM. The meeting will be held at City Hall in the Commission Meeting Room.
SECTION 6 - STAFF ANALYSIS AND FINDINGS
Applicable Subdivision Review Criteria, BMC Section 38.240.150.B.
In considering applications for subdivision approval under this title, the Community Development
Board, other relevant advisory boards and the City Commission shall consider the following
criteria:
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1. Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting
Act.
The preliminary plat modification has been prepared in accordance with the surveying and
monumentation requirements of the Montana Subdivision and Platting Act by a Professional
Engineer registered in the State of Montana. As outlined in Code Provision Number 1, the Final
Plat must comply with State statute, Administrative Rules of Montana, and the Bozeman
Municipal Code. A conditions of approval sheet must be included with the Final Plat and updated
with any additional required notations as required by Preliminary plat modification conditions or
code provisions.
2. Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act and review processes per BMC 38.240.150.
a. The Final Plat must comply with the standards identified and referenced in the Bozeman
Municipal Code (BMC). This subdivision application does not meet specific Urban Mixed Use
(UMU) zoning provisions of the BMC and, therefore, cannot be approved unless and until the
Applicant’s requested Ferguson Farms II Final Planned Unit Development (F-PUD) application
is approved by the City Commission. Condition of Approval No. 1 requires the Final PUD
approval prior to approval and recordation of the Ferguson Farms II Subdivision Final Plat.
b. The Final Plat must comply with the standards of the BMC regarding streets, access and
other Article 4 standards. As noted in Condition of Approval No. 1, the Director of Transportation
and Engineering must grant the requested BMC Article 4 deviations and waivers as part of the P-
PUD application before this Final Plat can be approved. Per Condition No. 2, legal access must
be provided to all lots within the subdivision prior to approval of the Final Plat.
c. The Applicant is advised in Code Provision No. 2 that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Sections 3 and 4 of this report identify conditions and code provision corrections necessary
to meet all municipal regulatory standards. Therefore, it is expected that upon City Commission
approval of the requested P-PUD and upon satisfaction of all conditions and code corrections, the
subdivision would comply with local subdivision regulations.
3. Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act.
The Applicant requested subdivision review under the terms of State Statutes 76-3-601 to 608 and
BMC 38.240.150. The Application qualifies for review under State Statute 76-3-616. The
Preliminary Plat Modification application was initially received on September 26, 2023 and was
deemed inadequate for further review. Revised application materials were received on June 5, 2024
and the City deemed the application adequate for review on June 12, 2024. A public meeting is
scheduled for July 16, 2024 for consideration by the City Commission.
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The meeting before the City Commission has been properly noticed as required by the BMC.
Based on the recommendation of the Development Review Committee (DRC) and other applicable
review agencies, as well as any public testimony received on the matter, staff will forward a
recommendation via a staff report to the City Commission who will make the final decision on the
Applicant’s request.
The final decision for a Major Subdivision Preliminary plat modification with more than 50 lots
must be made within 80 working days of the date it was deemed adequate (June 12, 2024). Pursuant
to BMC 38.240.130 the City Commission was to approve, conditionally approve or deny the
subdivision application by October 4, 2024 unless there is a written extension from the developer,
not to exceed one year.
Public notice for this application was given beginning on June 14, 2024 and ending July 16,
2024. As of the July 2, 2024 date of this staff report, only one public comment has been
received. The comment below came via email and was from a neighbor of the Site.
“I reviewed the document comparing with my notes on the original plan. I like this one
much better – didn’t make sense to move the Maynard Ditch 30’ west, and now we have
more public, landscaped space. Additionally, they plan to keep most of the beautiful trees
which is the way development should proceed in Gallatin County, keeping historic natural
areas. I had asked Mike Delaney to make this area a public park several years ago!
Glad that the ditch will have 50’ right-a-way on both sides to keep buildings from being so
close to it. And have more public space acreage.
Also glad for all the adjacent street and intersection improvements outlined on page 16. I
live on Ravalli, across from the Ridge, in light of more traffic in our area. Would be good
to review the speed, curves, signage on Fallon as our CT Condos subdivision, north of
Fallon has lost a number of trees with people speeding just past intersection with Ravalli,
and it is nerve-wracking to walk there on Fallon next to our condo homes!
Ravalli will now be connected to in Phase 2, so traffic could be higher with people using
Ravalli as a short-cut to Ferguson or Resort, avoiding Huffine. Better signage may help
this.
Please submit these comments to the appropriate planner. I don’t think I need to attend the
Commission meeting to make comments there.”
This comment was sent to the Applicant and to our transportation planner.
Compliance with Chapter 38, BMC and other relevant regulations.
Community Development staff and the City’s Development Review Committee (DRC) reviewed
the preliminary plat modification application against all applicable regulations of the Bozeman
Municipal Code (BMC). Based on the review of the DRC and the Department of Community
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Development all applicable regulations are met if all conditions of approval and BMC code
provisions/requirements are satisfied and the Final PUD is approved, and its own conditions and
code provisions are satisfied. Pertinent code provisions and recommended conditions of approval
are included in this report for your consideration in Sections 3 and 4 above. All municipal water
and sewer facilities will conform to the regulations outlined by the Montana Department of
Environmental Quality and the requirements of the City of Bozeman Design Standards and
Specifications Policy and Public Works Standard Specifications, except for modifications
approved by the Director of Transportation and Engineering as part of the Applicant’s P-PUD
deviation/modification requests.
16. Documentation of Compliance with BMC 38.220.060 to identify impacts to
surrounding assets.
A subdivision pre-application plan review was completed by the Development Review Committee
(DRC) for the 2023-approved Preliminary Plat on June 9, 2021. One was not required for this
Modification (MOD) application.
This Preliminary plat modification must address the review criteria of Section 76-3-608 (3)(a) and
clearly identify potential impacts of the subdivision on agriculture, agricultural water user
facilities, local services, the natural environment, wildlife, wildlife habitat and public health and
safety. Those parameters are addressed in the following Section 38.220.060.A. 1 through 19. The
Development Review Committee (DRC) completed a subdivision pre-application plan review, and
no variances were requested. Staff offers the following summary comments on the documents
required by BMC 38.220.060.
Staff offers the following summary comments on this supplemental information.
1. Surface Water. A portion of the agricultural irrigation ditch Maynard Border Ditch bisects
the Site in a north-south orientation and flows in a northerly direction approximately 225 feet east
of the western border of the property. A May 9, 2023 wetland delineation investigation, updated
on September 5, 2023, was conducted and the findings included the following:
“The system qualifies as a lower perennial streambed with cobble-gravel (R2SB3)
(Cowardin 1979). A stormwater pit occurs in the northwest area of the property; however,
it does not qualify as a wetland or waterway. Common species along the channel include
balsam popular cottonwood (Pupulus balsamifera, FAC) and reed canary grass (Phararis
arundinacea, FACW)). The aquatic system qualifies as a Class III wetland-channel system
(Appendix E). The channel bed and wetland fringe would require a MT 310 and Section
404 permit to impact, along with a DEQ 401 and 318. A 50-foot setback would be required
by the City of Bozeman along the wetland fringe.” [Lynn Bacon, TerraQuatic, LLC, June
9, 2023 Ferguson Farm Aquatic Resources Delineation Summary report.]
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The September 5, 2023 report classifies the area along the edge of the Maynard Border Ditch
channel as a “wetland fringe”. This staff report refers to the area along the ditch channel as such.
The Preliminary Plat Modification provides a 50-foot building setback from the Maynard Border
Ditch wetland fringe boundary, as measured from the ordinary high water mark which extends to
the width of the wetland fringe (see Figure 6). The Maynard Border Ditch is an open channel
irrigation ditch whose water is controlled by a headgate. This PP modification assures that the
ditch will remain an open channel at its current location. To accommodate the proposed Ferguson
Farms II development, four road crossings and four pedestrian bridge crossings of the ditch would
be required. Three of the road crossings would be designed with open-bottom box culverts and
the alley crossing would be designed with a 36” by 58” by ½” RCP arch culvert. The pedestrian
bridges would span the ditch and its wetlands fringe and would have a minimum separation of two
feet between the bottom of the bridge and the top of the wetland vegetation. The affected areas of
the ditch would be revegetated by professional landscapers as soon as feasible. Riprap would be
placed at the inlet and outlet of the arch culvert to control erosion. Construction of the crossings
will be coordinated with the Maynard Border Ditch Company so that it occurs outside of the
irrigation season while the channel is dry (after October 15 and prior to April 15) to minimize
impacts to the water flow or to the bed and banks of the watercourse. The applicant has obtained
310 permit approval from the local conservation district and is currently working through the 404
permit process with the Corps of Engineers.
The area around the open channel ditch would be developed as an open space amenity of the
development (see Figure 9). Portions of the ditch would lie within public open space of Blocks 4,
5 and 6 and Lot 4 of Block 6 (see Figure 8). The open space areas along the ditch alignment would
be increased by 2.2 acres and buildable lots west of Ravalli Street would decrease by that much.
2. Floodplains. Stormwater – There is an existing stormwater pond in the northwest corner of the
Site that would be replaced with underground stormwater detention chambers and would discharge
into the existing Maynard Border Ditch. The ditch is a controlled irrigation conveyance facility
and does not have an associated floodplain. All required permits for the ditch crossings would be
obtained prior to the start of construction. The subdivision must construct stormwater management
and water quality facilities conforming to standards of the Bozeman Municipal Code. The
maintenance of the stormwater facilities is the responsibility of the Property Owners’ Association
(POA) as outlined in Conditions 21 and 23. Inspection of installed facilities prior to Final Plat will
verify that standards have been met. Conditions 5 and 18 would ensure mitigation of post-
development flood hazard areas and, therefore, no significant negative impacts to the natural
environment are anticipated.
Based on the project’s flood evaluation study findings, a certain amount of stormwater runoff will
be generated by the development within the subdivision and will contribute to water levels in the
Maynard Border Ditch which it is believed can be accommodated by the capacity of the culvert
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and open ditch. Conditions 5 and 23 assure that the Maynard Border Ditch is maintained properly
to accommodate this flow.
3. Groundwater. Static groundwater level is reported to be 6 feet below ground surface.
The Applicant provided monitoring wells to establish seasonal minimum and maximum
groundwater depths. Groundwater degradation would be minimized through a series of
underground infiltration chambers. These chambers would capture runoff from the parking areas
and other hardscape features within the subdivision. Stormwater would then infiltrate and recharge
the groundwater within the area.
Because the site is in a potential area of high groundwater which may negatively impact future
structures or cause illicit discharges into the sanitary sewer and over-burden the surface drainage
system, Condition No. 7 prohibits crawl spaces or basement without first consulting a professional
engineer certified in the State of Montana who would certify that groundwater would not harm
these structures. This requirement would protect both future structure owners from future hazards
of flooding and lessen burdens on the public from illicit discharges.
4. Geology, Soils and Slopes. The site is relatively flat, sloping 1 to 2% to the north and
northwest. No unusual or hazardous geological features are present on the subdivision site. No cut
or fill greater than 3 feet is anticipated. The soils present are loamy soils characterized by poor-
draining to well-draining soils generally found in irrigated farmland. No hydric soils are present,
or evidence of soils typically associated with wetlands. A SWPPP will be prepared for this project
prior to the start of construction.
5. Vegetation. The property has been vacant for several years and has not been used
agriculturally in the recent past. No critical vegetation species exist on the Site. The native grasses
are occasionally mowed during the growing season for weed control. An approved weed
management plan has been prepared by the Applicant and approved by the County Weed
Management Department. Responsibility for weed management must be provided recorded with
the subdivision Covenants, Conditions and Restrictions (CC&R) document clarifying that the
Property Owner Association (POA) is responsible for implementing and enforcing the weed
management plan.
There are some existing Aspen and Cottonwood trees in the vicinity of the Maynard Border Ditch.
The Applicant states that, when possible, these trees would be preserved. Trees and shrubs would
be trimmed to eliminate any existing hazards.
6. Wildlife. No animals listed under the “Animal Species of Special Concern”, (Montana
Natural Heritage Program, Helena, 2003) have been observed or are known to occupy the property.
Habitat most suitable for wildlife includes the area around the Maynard Border Ditch vegetation.
When possible, these trees and shrubs will be retained in place. Any tree or shrub needing to be
removed and which contain a bird nest will be removed after nesting season, late August through
March.
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7. Agriculture. The property, previously in agricultural cultivation, has been fallow for a
number of years. Due to development in the area and in anticipation of development of the property
by the owner, no agricultural practices have been performed on the property for several years.
8. Agricultural Water User Facilities. The Maynard Border Ditch agricultural irrigation
facility lies east of the western boundary of the Site. The ditch would remain in place and would
continue to flow as an open channel through the Site and would function as it has been per Code
Provisions 7 and 8. A ditch maintenance agreement, dated June 6, 2024, has been signed by the
Maynard Ditch Company representatives and is submitted with this application.
9. Water and Sewer. Water rights exist for the subject property. Water for domestic use
and fire protection will be provided by connections to the City of Bozeman water system. The
proposed water mains will connect to existing water mains in Resort Drive, Fallon Street, and
Ferguson Avenue. The Applicant proposes to contribute cash-in-lieu of water rights (CILWR) to
the City which must be paid prior to approval of specific site plan(s) within the subdivision, per
Code Provisions 5 and 6.
Sanitary sewer service will be provided through connection to the City of Bozeman’s existing
sanitary sewer collection system. The sewer system will connect to the 8” main in Fallon Street at
two locations and the 8” main in Resort Drive at one location. From there, sanitary sewage will be
conveyed to and treated at the City of Bozeman’s Water Reclamation Facility.
10. Stormwater Management.
Storm water within the subdivision will be conveyed via surface gutter flow to curb inlets, then
underground via storm drain piping to underground stormwater retention and detention chambers
in the Open Space parcels. The subdivision will not significantly impact stormwater infrastructure.
The stormwater systems would be designed to meet City standards and would be maintained by
the property owners’ association (POA) per Conditions 21 and 23.
11. Streets, Roads and Alleys.
a. Streets –
The proposed Ferguson Farm II PUD Subdivision has legal access onto Huffine Lane, Resort
Drive, Ferguson Avenue, and Fallon Street. The proposed roads will match the established
(existing) street grid structure and be within dedicated rights-of-way (ROW). Local streets will
have the standard 60’ right-of-way except for small portions of Valley Commons Drive and
Brookfield Avenue where the right-of-way is 101’ and 85’, respectively. Four-way stops will be
installed along Resort Drive where Field Street and Valley Commons Drive intersect Resort Drive.
The drive aisle and parking areas surrounding the lots in Blocks 4,5 and 6 will be constructed by
the developer prior to the development of said lots. The access easements necessary to provide
access to these lots will be recorded with the final plat that creates said lots.
Per the recommendation of a geotechnical engineer, the pavement design section for the Ferguson
Farm II Subdivision is 3” asphalt surface course over 6” of 1-1/2” minus crushed gravel base
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course over 18” of 6” minus pit run sub-base course. This section will be checked per the AASHTO
Guide for Design of Pavement Structures during the construction design development.
Road maintenance for all streets will be provided by the Property Owner’s Association after the
improvements have been accepted by the City. Erosion and siltation control will be exercised
during construction by using the appropriate best management practices as outlined in “Montana
Sediment and Erosion Control Manual” (May 1993) prepared by the MDEQ Water Quality
Bureau.
ATS performed a trip generation analysis to determine the anticipated future traffic volumes from
the development using the trip generation rates contained in Trip Generation (Institute of
Transportation Engineers, Tenth Edition). These rates are the national standard and are based on
the most current information available to planners. A vehicle “trip” is defined as any trip that either
begins or ends at the development site. ATS determined that the critical traffic impacts on the
intersections and roadways would occur during the weekday morning and evening peak hours. At
full development, the Ferguson Farm II development would produce 976 AM peak hour trips,
1,337 PM peak hour trips, and 13,066 daily trips. Refer to the Traffic Impact Study included in
Appendix I for more detailed information of traffic generation.
Lot access must meet City standards per Condition numbers 2 and 9 and access must be improved
to accommodate development-generated traffic per Conditions 3, 4, 9, 11, 12, 13, 14, 15, 16, 17
and 19.
Condition 3 requires the Applicant to record waivers to applicable Special Improvement Districts
is established to serve the project and area including Street improvements to Ferguson Avenue,
Huffine Lane, Fallon Street, Ravalli Street, Resort Drive; intersection improvements to Ravalli
and Fallon streets, Resort and Fallon streets, Ferguson and Fallon streets, and Ferguson and
Huffine streets.
b. Parking Conditions – The PUD that enables this subdivision provides several BMC waivers and
deviations. These include: (1) no minimum or maximum number of required parking spaces; (2)
minimum landscape screening of surface parking lots that border the subdivision; (3) common
parking areas for all tenants, workers and visitors to the Site; (4) condominium parking spaces
within structured parking garages located within surface parking lots; and (5) “back-in” angled
parking spaces along internal streets. The back-in angled parking must be approved by the Director
of Transportation and Engineering as noted in Condition 8
c. Walkability, Transit and Bikeability. This subdivision provides a sidewalk along the
bordering public streets mentioned above as well as along internal streets. The Class I shared use
trails abutting the subdivision along the Huffine Lane and Ferguson Avenue frontages must be
widened from 8 feet to 10 feet. An eight-foot wide Class I trail shall be installed along the Fallon
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Street frontage and a ten-foot wide Class I trail shall be installed along the Resort Drive frontage
concurrent with any first phase construction of this subdivision per Condition No. 10.
A traffic analysis for this subdivision revealed that certain improvements and upgrades are needed
to adequately serve the proposed development within this subdivision and to mitigate potential
adverse impacts to the traveling public as noted in Conditions 13, 14, 15, 16, 17, and 19.
With Conditions 13, 14, 15, 16, 17, and 19, the subdivision would not significantly impact the
City’s street infrastructure.
12. Utilities. This subdivision would not significantly impact utilities. Standard 10-ft utility
easements would be provided across all lots. All public and private utilities are available in the
area to serve this subdivision.
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13. Land Use. This subdivision proposes 9 block and 67 lots consisting of the following uses:
42 lots for commercial uses, 10 parking lots and 15 open space lots.
Proposed Land Use Square Footage Acres Percent of Total
Rights of Ways 216,773.11 4.98 16.04%
Parking Lots 282,750.35 6.49 20.92%
Buildings 245,933.45 5.65 18.20%
Sidewalks 217,552.61 4.99 16.10%
Elevated Walkway 10,587.71 0.24 0.78%
Stream 8,580.68 0.20 0.63%
Landscaped area 369,401.77 8.48 27.33%
Total 1,351,579.68 31.028 100%
14. Parks and Recreation Facilities. Parkland dedication is not required of this wholly
commercial development. Should residential use be proposed in the future, as a site plan
application of any of the lots, parkland would be required. However, 15 publicly accessible open
space lots spread throughout the subdivision would be provided. These open space parcels will be
maintained by the subdivision Property Owners’ Association.
15. Neighborhood Center Plan. Neighborhood centers are required for subdivisions of 10-
acres or more per 38.410.020. This subdivision is 31-acres and proposes a neighborhood center
within the subdivision located along the Maynard Border Ditch open space lots as shown in Figure
9. This neighborhood center would feature a skyline bridge following the ditch alignment.
Benches and other pedestrian facilities would be constructed within the open space lots and along
the above-grade skyline bridge feature to allow pedestrians to relax and enjoy views of the
surrounding viewscapes.
16. Lighting Plan.
No lights are proposed around the perimeter of the subdivision except at the road intersections
with Huffine Lane, Ferguson Avenue, Fallon Street, and Resort Drive. Internally, there are
streetlights along the local streets and within the parking lots. The lights are spaced to provide
adequate security lighting and provide safe illumination for pedestrians walking after dark. The
preliminary lighting plan for streets and alleys therein is in accordance with the requirements of
the BMC. Each light spacing and design would meet City of Bozeman Design Standards and
Specifications Policy.
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17. Miscellaneous.
a. Health and Safety. With the recommended conditions of approval and required code
provisions, the subdivision is not expected to adversely impact public health and safety. The intent
of the regulations in Chapter 38 of the Bozeman Municipal Code (BMC) is to protect the public
health, safety and general welfare. The subdivision has been reviewed by the Development
Review Committee (DRC) which has determined that it is in general compliance with the BMC
standards, as amended by the anticipated Final PUD, and with recommended conditions and code
provisions. Conditions deemed necessary to ensure compliance have been noted throughout this
staff report. Code Provisions 1 and 2 require full compliance with all applicable State and BMC
code requirements.
All subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Montana Code
Annotated (MCA) and as a result, the Department of Community Development has reviewed this
application against the listed criteria and further provides the following summary from Applicant
submittal materials and requirements. It is noted that all infrastructure would meet City standards
as amended by the proposed Final PUD and as approved by the Director of Transportation and
Engineering per the P-PUD requests.
b. Historical Features. Damon Murdo, Cultural Records Manager of the Montana Historical
Society, has not noted any previously designated cultural properties in the area. If any historic
items are discovered during construction, the State Historic Preservation Office would be
contacted.
18. Affordable Housing. Not applicable. There is no residential use proposed for this
subdivision.
19. Adopted Growth Policy Consistency.
Project Site zoning and Growth Policy implications:
The subdivision land (Site) is designated “Community Commercial Mixed Use” in the Bozeman
Community Plan Future Land Use Map.
This category is intended to “promote commercial areas necessary for economic health and
vibrancy. This includes professional and personal services, retail, education, health services,
offices, public administration, and tourism establishments. Density is expected to be higher than
it is currently in most commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors, in appropriate circumstances, are encouraged. The urban character
expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities. High density residential areas are expected in close
proximity.
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Developments in this land use area should be located on one or two quadrants of intersections of
the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to
past development patterns, there are also areas along major streets where this category is
organized as a corridor rather than a center. Although a broad range of uses may be appropriate
in both types of locations, the size and scale is to be smaller within the local service areas. Building
and site designs made to support easy reuse of the building and site over time is important. Mixed
use areas should be developed in an integrated, pedestrian friendly manner and should not be
overly dominated by any single use. Higher intensity uses are encouraged in the core of the area
or adjacent to significant streets and intersections. Building height or other methods of transition
may be required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area of
approximately one half-mile to one mile radius as well as passersby. These smaller centers support
and help give identity to neighborhoods by providing a visible and distinct focal point as well as
employment and services. Densities of nearby homes needed to support this scale are an average
of 14 to 22 dwellings per net acre.”
Staff Comment: The Site is zoned Urban Mixed Use (UMU) which is an implementing
zoning district for the Community Commercial Mixed Use Future Land Use designation. The
subject property was annexed to the City in 2000 by the Applicant and it was initially zoned
Business Park (B-P) District. In March 2006, the Applicant submitted a zoning text amendment
application to create a new zoning district called Urban Mixed Use District (UMU). In
August 2007, by Ordinance No. 1681, the Urban Mixed Use District (UMU) was established.
In April 2008, at the request of the Applicant, the 31-acre subject property was rezoned from
B-P, Business Park District to the new UMU District by Ordinance No. 1745. This is the only
UMU-zoned land in the City.
According to the Bozeman Municipal Code/ Unified Development Code: “Urban mixed-use
zoning district (UMU) The intent and purposes of the UMU urban mixed-use district are to
establish areas within the city that are mixed-use in character, and to set forth certain minimum
standards for development within those areas which encourage vertical mixed-use development
with high density. The purpose in having an urban mixed-use district is to provide options for a
variety of employment, retail and community service opportunities within the community, with
incorporated opportunity for some residential uses, while providing predictability in uses and
standards to landowners and residents. There is a rebuttable presumption that the uses set forth
for each district will be compatible both within the individual districts and with adjoining zoning
districts when the standards of this chapter are met, and any applicable conditions of approval
have been satisfied. Additional requirements for development apply within overlay districts.
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Although the Applicant wanted the UMU District designation, the final design of the proposed
development of the property did not match the specific standards of the District. The Applicant
subsequently submitted a Planned Unit Development (PUD) application which proposed
amendments to the UMU District standards and to the Bozeman Unified Development Code
(UDC) and which proposed design and development standards that are tailored to the development
proposed for the property. This Ferguson Farms II Planned Unit Development Preliminary Plan
was reviewed and adopted/approved by the City Commission in a Findings of Fact and Order on
March 28, 2023.
Staff Comment: The proposed 31-acre subdivision is a wholly commercial development
with 67 lots consisting of 42 buildable lots, 15 open space lots, 10 parking lots and roads and
alleys. The Community Commercial Mixed Use Community Plan Future Land Use Map (FLUM)
designation would recommend residential uses within the mix of land uses; however, it is not
required. The UMU, Urban Mixed Use zoning designation would also recommend residential uses
as part of the mix of land uses, but it is not required. Should an individual developer of a particular
lot choose to include residential uses, both the FLUM and the UMU zoning would allow it. The
Preliminary Plan for the Ferguson Farms II Planned Unit Development proposes deviations that
would not preclude housing within this development. Except for the requested deviations in
development standards and mix of uses, the March 7, 2023 approved P-PUD is consistent with the
Community Commercial Mixed Use land use designation.
5. The provision of legal access and easements to and within the subdivision for the location and
installation of any necessary utilities.
Condition of Approval No. 2 requires the Applicant to provide legal and physical access to each
lot pursuant to UDC and State Statute. Code Provision No. 4 requires all easements, existing and
proposed, must be accurately depicted and addressed on the Final Plat and in the Final Plat
application. Public utilities must be located within dedicated street right of ways. Utility easements
need to be provided and granted with the Final Plat in accordance with public and private design
standards.
6. The provision of legal and physical access to each parcel within the subdivision and the notation
of that access on the applicable plat and any instrument transferring the parcel.
Access to the property is from Ferguson Avenue, Huffine Lane, Fallon Street and Resort Drive
which are City-owned and maintained roads. However, within the subdivision, there are 6 lots to
be developed exclusively for structured parking that do not have legal and physical access to a
public street as required by BMC Section 38.400.090.B.2 and State Statute. The Preliminary PUD
requested a waiver from this requirement. However, due to State Statutes, legal and physical
access to a public or publicly accessible street or alley or “green corridor” must be provided to
each lot. This requirement cannot be waived. Some form of legal access must be provided to each
lot per Condition No. 2.
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Condition of Approval No. 1 requires that the Final PUD with the appropriate deviations or waivers
must be granted by the Director of Transportation and Engineering and approved by the City
Commission prior to approval by the City Commission of this subdivision Final Plat.
FISCAL EFFECTS
There will be increased property tax revenue from development within this subdivision along with
increased and costs to provide municipal services to that property. However, no unusual fiscal
effects have been identified.
APPENDIX A – NOTICING AND PUBLIC COMMENT
Notice was provided at least 20 working days and not more than 45 days prior to the City
Commission public meeting. Pursuant to BMC 38.220.420, notice was provided by posting the
site, mailing by certified mail to the Applicant and adjacent property owners and by first class mail
to all other owners within 200 feet on June 14, 2024. The site was posted with a notice on June 14,
2024. Content of the notice contained all elements required by Article 38.220., BMC. As noted
above, one public comment has been received at the time of the writing of this staff report on July
2, 2024. That comment is presented on page 25 of this report.
If you are interested in commenting in writing on this application, please send email to
comments@bozeman.net or visit the Public Comment Page prior to 12.00 P.M. on the day of the
Commission meeting. Public comments are also accepted in person and through web
conferencing. If you have a disability that requires assistance, please contact our Acting ADA
Coordinator, Max Ziegler, at 406-582-2439 (TDD 406-582-2301). Commission meetings are
televised live on cable channel 190 and streamed live on our Meeting Videos Page here or at
https://www.bozeman.net/departments/city-commission/meeting-videos
APPENDIX B - OWNER INFORMATION
Owner/Applicant: Boardwalk Properties, Inc, 101 E. Main Street, Suite D, Bozeman, MT 59715;
delaney@delaneynco.com
Combs Capital LC, 1095 Cougar Drive, Bozeman, MT 59718
Representative: Tyler Steinway, Intrinsik Architecture, 106 East Babcock Avenue, Suite 1A,
Bozeman, MT 59715, tsteinway@intrinsikarchitecture.com
Report By: Susana Montana, Senior Planner, smontana@bozeman.net
Staff Engineer: Cody Flammond, cflammond@bozeman.net
ATTACHMENT LINKS
Applicant’s Application Narration Project Description and the full application can be viewed here
or at:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=281158&cr=1
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Memorandum
REPORT TO:City Commission
FROM:
Susana Montana, Senior Planner, Development Review Division
Brian Krueger, Manager, Development Review Division
Erin George, Interim Director of Community Development
SUBJECT:
Approve the Nexus Point Major Subdivision Final Plat; Application 23126
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Approve the Nexus Point Major Subdivision Final Plat, Application 23126,
and authorize the Director of Transportation and Engineering to execute the
same on behalf of the City of Bozeman.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
Approval of Major Subdivision Final Plat for the Nexus Point Subdivision to
divide a 20 acre parcel into 11 lots for a mixed use development consisting of
262 apartment dwelling units, a small café, a clubhouse, two office buildings
with a combined 16,000 gross square feet, and a 1.25 acre portion of the
adjacent 3.374 acre Lantern City Park. Two common open space areas along
the eastern edge of the Site encompass portions of the East Catron Creek
tributary wetlands area; these have a deed restriction prohibiting structures
and also have a public park easement recorded thereon. A third common
open space area serves as a detention pond.
The 20 acre Site had previously been in agricultural use and, before its
development as an apartment complex, had lain fallow. The Site is accessed
from Arnold Street from S. 19th Avenue and is zoned R-5, Residential Mixed
Use High Density, B-2M, Community Business--Mixed and PLI, Public Lands
and Institution Districts.
On December 5, 2022, the Bozeman City Commission conducted their review
85
of the Preliminary Plat application and voted 5-0 to conditionally-approve
the preliminary plat. On April 4, 2022, the Commission, on consent agenda,
voted to approve the Findings of Fact and Order for the approval of the
Nexus Point Major Subdivision Preliminary Plat with the recommended
conditions and code provisions and on that date the Mayor signed the
Findings of Fact and Order document. Staff finds that the Final Plat satisfies
all the conditions and code provisions of the Preliminary Plat.
UNRESOLVED ISSUES:None
ALTERNATIVES:None suggested
FISCAL EFFECTS:Development of this subdivision will result in increased property tax
revenues along with increased costs to the City to provide municipal services
to those developments.
Attachments:
22126 NexusPoint FP CC memo.pdf
031 Final Plat Lot Layout.pdf
City Atty certificate.pdf
Report compiled on: July 1, 2024
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Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Susana Montana, Senior Planner
Brian Krueger, Development Review Manager
Erin George, Interim Director of Community Development
SUBJECT: Consideration of the Final Plat for the Nexus Point Major Subdivision;
Application 23126 (Quasi-Judicial)
MEETING DATE: July 16, 2024
AGENDA ITEM TYPE: Community Development—Quasi-Judicial
RECOMMENDATION: Approve the Final Plat for the Nexus Point Major Subdivision and
authorize the Director of Transportation and Engineering to execute the same on behalf of the City
of Bozeman.
STRATEGIC PLAN: 4.2 High Quality Urban Approach. Continue to support high quality
planning, ranging from building design to neighborhood layouts, while pursuing urban approaches
to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable
neighborhoods.
BACKGROUND: On May 21, 2023, the Applicant, Nexus Point LLC, submitted an
application for a Final Plat for the 19.998-acre subject property. The initial submittal was
found to be incomplete, and a revised application was resubmitted on January 5, 2024 and
again on April 29, 2024. On July 3, 2024, the revised Final Plat submittal was found by the
City’s Development Review Committee (DRC) to (1) satisfy all the conditions of approval and
code provisions of the April 4, 2023-approved Preliminary Plat (Project No. 22246), (2)
conforms to standards, and (3) is sufficient for approval. Staff has determined that the terms
and conditions of approval of the Preliminary Plat have been met for this Final Plat
application.
The property legal description is Nexus Point Subdivision, a Tract of Land being Lot 1 of
Minor Subdivision253B, situated in the NE ¼ of S23, T2 S, R5 E, P.M.M, City of Bozeman,
Gallatin County, Montana. The address is 3747 S. 19th Avenue and is located at Arnold Street
on the west side of S. 19th Avenue between Stucky Road and Graf Street.
The Nexus Point Subdivision is a proposed 11 lot minor subdivision, is within a ~20-acre
property zoned R-5 (Residential Mixed Use High Density District), B-2M (Community
87
Commercial-Mixed) and PLI (Public Lands and Institutions) Districts. Development plans for
the property have been reviewed and approved through a Master Site Plan (Project Nos.
19263 and 23066) for a three-phased development providing a combined 262 apartment
dwelling units and two small office buildings. A Phase I Site Plan provides 120 apartment
dwelling units has been approved and is largely completed (Project 19262). A Phase II site
plan has been approved (Project 22305) and would provide an additional 142 apartment
dwelling units. A Phase III is proposed for future development of two commercial buildings.
A 1.258-acre City park has been built on the south side of this subdivision on Block 2, Park
Lot 1. This park was approved with the Master Site Plan and constitutes the northern half of
the new 3.374-acre Lantern City Park. The 2131 Graf Street Minor Subdivision apartment
complex abutting this subdivision to the south contributed 2.11-acres to the park which has
been inspected and accepted by the City Parks Department for ownership and maintenance
with the additional provision that the two subdivision owners must maintain the park for
the next two years which may be extended in the future.
A Property Owners Association (POA) will be established with the Final Plat along with a
Covenants, Conditions and Restrictions (CC&R) document outlining how common areas and
stormwater management facilities would be properly maintained.
Therefore, based on the summary review provided below, the City Transportation and Engineering
Department and Department of Community Development have reviewed the application against
the conditions of the preliminary plat approval and, as a result, find that the Nexus Point Major
Subdivision Final Plat application satisfies the criteria below and, therefore, may be approved by
the City Commission.
§76-3-611(1), MCA, provides that the City Commission shall approve the plat only if:
(a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of
this chapter and regulations adopted pursuant to this chapter; and
(b) the County Treasurer has certified that all real property taxes and special assessments assessed
and levied on the land to be subdivided have been paid.
The County Treasurer has certified that all real property taxes and special assessments assessed
and levied on the land to subdivide have been paid. All terms and conditions of the preliminary
plat approval have been met.
The signed Findings of Fact for the Preliminary Plat is attached and can be viewed at this link
and at:
https://weblink.bozeman.net/WebLink/DocView.aspx?id=274172&dbid=0&repo=BOZEM
AN
UNRESOLVED ISSUES: None identified.
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ALTERNATIVES: None suggested or proposed.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time but will include increased
property tax revenues from new development within the Site, along with increased costs to deliver
municipal services to the property.
Report compiled on: July 3, 2024
The Preliminary Plat full application can be found here.
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91
Memorandum
REPORT TO:City Commission
FROM:Jeff Butts, MPO Manager
SUBJECT:Authorize the City Manager to Sign an Agreement for the Distribution of
Metropolitan Planning (PL) Funds
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:
Authorize the City Manager to Sign the Agreement for the Distribution of
Metropolitan Planning (PL) Funds.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:In December 2023, the governor officially designated the Gallatin Valley
Metropolitan Planning Organization (GVMPO). This organization brings
together regional partners, including the City of Bozeman, the City of
Belgrade, and Gallatin County, to collaboratively address multijurisdictional
transportation planning needs.
City of Bozeman serves as host agency of the GVMPO responsible for
execution of contracts and other financial aspects of MPO operations. This
subject agreement is crucial for the GVMPO to obtain Federal Planning
Funds (PL funds), which will significantly enhance the coordination and
planning of transportation projects throughout the Gallatin Valley
Metropolitan Planning Area. This agreement has been negotiated between
the City and Montana Department of Transportation and recommended for
approval by both the MPO's Transportation Technical Advisory Committee
(TTAC) and the Transportation Policy Coordinating Committee (TPCC).
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:The agreement will bring an estimated $434,000 annually in federal funding
for regional transportation planning within the Metropolitan Planning Area.
Attachments:
Agreement for the Distribution of Metropolitan Planning (PL)
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Funds with Montana Department of Transportation for
Planning Activities of the Gallatin Valley Metropolitan
Planning Organization.pdf
Report compiled on: July 3, 2024
93
1
AGREEMENT FOR THE DISTRIBUTION OF
METROPOLITAN PLANNING (PL) FUNDS GALLATIN VALLEY METROPOLITAN TRANSPORTATION PLANNING PROCESS This Agreement for the Distribution of Metropolitan Planning (PL) Funds, (Agreement), is made
and entered into this _______ day of __________ 2024, by and between the State of Montana
Department of Transportation (MDT), and the City of Bozeman (CITY), on behalf of the Gallatin Valley Metropolitan Planning Organization (MPO) Transportation Policy Coordinating Committee (TPCC).
WHITNESSETH THAT:
WHEREAS, the Gallatin Valley MPO TPCC was created through and is governed by a cooperative metropolitan transportation planning agreement, dated December 26, 2023, and signed by all participating agencies, as defined in this Agreement; and,
WHEREAS, the Gallatin Valley TPCC has been designated by the Governor of the State of Montana as the MPO for, among other things, receiving PL funds; and, WHEREAS, the TPCC is the governing body of the MPO and the TPCC has granted the CITY the
authority to accept, receive, contract for, and expend funds, grants, and services from Federal, State,
and local governments for their agencies and instrumentalities on their behalf; and, WHEREAS, the CITY provides staff to conduct the business of the MPO as defined in the Interlocal Agreement of the Local Agencies; and,
WHEREAS, Title 23 USC Section 104(d), provides planning funds for the purpose of carrying out urban transportation planning requirements of Section 134 (PL funds); and, WHEREAS, these planning funds will be used for the Gallatin Valley Metropolitan Transportation
Planning Process and 2.5% of planning funds will be set-aside for Safe and Accessible Transportation
Options Planning Activities, as detailed in the annually adopted Unified Planning Work Program; and, WHEREAS, the CITY has staff resources available to conduct the activities detailed in the annually adopted Unified Planning Work Program; and,
WHEREAS, the Participating Agencies, as defined in this Agreement, have executed a cooperative agreement for the Gallatin Valley Metropolitan Transportation Planning Process. NOW, THEREFORE, it is agreed by and between the parties hereto that the TPCC shall direct , or
cause to be directed, the overall operation of the activities detailed in the annually adopted Unified
Planning Work Program and conduct, or cause to be conducted, these activities in consideration of the terms, conditions, covenants and performance as set forth in Section I through XVIII of the General Agreement Provisions and as described in the annually adopted Unified Planning Work Program which are governed by this Agreement.
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2
GENERAL AGREEMENT PROVISIONS
DEFINITIONS Participating Agencies: Montana Department of Transportation, City of Bozeman, City of Belgrade, Gallatin County, and the Gallatin Valley Urban Transportation District.
Local Agencies: City of Bozeman, City of Belgrade, Gallatin County, and Gallatin Valley Urban Transportation District. Program Supervisor: Metropolitan Planning Organization Manager
Work Program: PL funded portion of the annually adopted Unified Planning Work Program. PL Funds: Metropolitan Planning funds, as made available under 23 U.S.C. §104(b).
I. PURPOSE, SCOPE, AND METHODS OF PROCEDURE
The purpose of this Agreement is to provide for the distribution of PL funds to the Local Agencies to conduct the Gallatin Valley Metropolitan Transportation Planning Process as described in the Work Program. This Agreement is to exist so long as the CITY is the agency that accepts
PL funding for the Gallatin Valley MPO.
This Agreement is continuing and is updated annually by a Work Program covering planning activities for the next fiscal year. The annual Work Program becomes a part of this Agreement upon approval by the TPCC, MDT, and the Federal Highway Administration (FHWA). The Work
Program must include a 2.5% set-aside of the annual allocation of planning funds to be used on
Safe and Accessible Transportation Options Planning Activities. The scope of work and methods of procedure are as described in the Work Program, except where detailed work plans are required for approval by MDT and FHWA.
II. REPORTS Brief quarterly progress reports shall be prepared in collaboration with all Local Agencies. The quarterly reports shall be prepared by the Program Supervisor and submitted to MDT, on or before
the 15th day of the month following the end of the quarter. The reports shall describe the activities
of the past quarter, such as work accomplished, difficulties encountered, decisions made, or any other important information relative to the Work Program. An annual report shall be prepared by the Program Supervisor and a draft copy of the Work
Program for the ensuing Federal fiscal year shall be submitted to MDT on or before August 1st for
review and comment. The final Work Program shall be submitted to MDT on or before September 1st for approval.
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III. TIME
Work described in this Agreement shall be considered to start at the beginning of each Federal fiscal year as described in the Work Program and shall be completed by the end of the Federal fiscal year for which the Work Program is prepared, except where circumstances beyond the control of the CITY do not allow completion within the time frame of the Work Program and as coordinated with
MDT. The CITY shall be responsible for adherence to this time schedule.
IV. AGREEMENT COSTS Agreement costs shall include the following categories and be reimbursed according to the Cost
Allocation Plan contained in the Work Program:
1. Direct Costs 2. Indirect Costs 3. Fringe Benefits
V. PAYMENT The CITY shall pay all costs incurred in conducting the work as described in the Work Program. Payment by MDT to the CITY shall be on a cost reimbursable basis for actual, eligible costs incurred in
the performance of the work and in accordance with the terms and conditions set forth in this
Agreement. Payments to the CITY shall not exceed the total PL Funds available in the Work Program. The Local Agencies shall pay all costs incurred in conducting their portion of work as described in
the Work Program and submit their billings to the CITY. Payment by MDT will be to the CITY and
the CITY will in turn reimburse the Local Agencies. The CITY shall submit an invoice for all reimbursable expenses not more frequently than once each month. Reimbursement shall be made for all costs supported by complete and accurate
documentation. Each claim for reimbursement must be identified as either "in progress" or "final."
VI. SOURCE OF FUNDS Unless otherwise indicated, PL funds made available under Title 23 USC, Section 104(b), with the
appropriate proportion of State matching funds, shall be used for payments.
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VII. AUDIT
Funds expended under this Agreement are subject to audit as required by the Single Audit Act Amendments of 1996, 31 USC 7501 et seq in accordance with Office of Management and Budget Circular A-133, Revised, "Audits of States, Local Governments and Non-Profit Organizations", the latest applicable OMB A-133 Compliance Supplement provisions for U.S. DOT and any further
revision or supplement thereto. The CITY provides assurance to MDT that an audit will be conducted
in accordance with OMB Circular A-133, and that compliance with audit requirements will occur. Failure to comply will result in reimbursement to MDT of any funds paid to the CITY by MDT under this Agreement for that fiscal year. One copy of the final annual audit will be forwarded to MDT’s Statewide & Urban Planning Section. Audit costs under the Single Audit Act are not
chargeable to this Agreement or MDT.
VIII. SUBCONTRACTING AND SPECIAL SERVICES The services subcontracted by the Local Agencies are to be supervised by the Program Supervisor.
The CITY shall not assign, subcontract, or transfer any of the work provided for under this
Agreement to any organization other than the Local Agencies as described in the Work Program without prior approval from MDT. No more than 50% of the total PL Funds in the Work Program can be subcontracted. Contracts for specialized services, including audits, shall receive prior approval from MDT.
IX. PROPRIETARY RIGHTS If patentable discoveries or inventions should result from the work of the Participating Agencies described herein, all rights accruing from such discoveries or inventions shall be the sole property of
the Participating Agency. However, the State of Montana and the United States Government are
granted an irrevocable, non-exclusive, nontransferable, and royalty-free license to practice each invention in the manufacture, use, and disposition, according to law, of any article or material and in the use of any method developed as part of the work under this Agreement.
X. INSPECTION OF WORK
MDT and FHWA shall be afforded all opportunities to review and inspect the work and shall during any reasonable time have access to the premises and to all data, notes, records, correspondence, instructions, and memoranda pertaining to the work under this Agreement.
XI. RECORDS The CITY shall maintain or cause to be maintained accounting records and other evidence pertaining to costs incurred. These data shall be made available to MDT, FHWA, or any
authorized representative of the State of Montana or the Federal Government during any
reasonable time during the agreement period and for three (3) years after the date of the final payment of PL Funds to the CITY. Copies thereof shall be furnished, upon request. XII. OWNERSHIP OF DATA
The ownership of data, including summaries and charts, shall be vested in the CITY, but will be
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available to the participating agencies, upon request.
XIII. EQUIPMENT All equipment, including tools, shall be used exclusively on the Work Program.
The total funds expended for purchases of minor items of equipment listed in the Work Program
shall not be exceeded without prior approval from MDT. Major equipment which are not identified specifically in the Work Program shall be approved by MDT prior to purchase. A major item of equipment is an item that is non- expendable and costs
$10,000 or more and must be obtained by proper competitive practices in accordance with State of
Montana purchasing laws and regulations. The ownership and/or title of all equipment or tools built, manufactured, or assembled by the CITY shall upon the completion of this Agreement become vested in the CITY, subject to the obligations
and conditions set forth in 2 CFR 200, and the CITY agrees to maintain records of any equipment
and make such records and equipment available for inspection by MDT or its authorized representatives. Ownership and/or title of equipment will be retained for the equipment’s useful life, and the CITY shall not sell, convey, or otherwise transfer title or ownership of the equipment to any other governmental or private party without prior approval from MDT. The CITY agrees to
maintain the equipment for its stated program purposes for the useful life of the equipment and
will notify MDT of any equipment disposition after its useful life and maintain records of the disposition. XIV. TRAVEL
Expenditures of PL Funds for out-of-state travel require prior approval by MDT. Expenditures for in-state travel shall be at the discretion of the Program Supervisor, provided expenditures do not exceed the stated funds available in the Work Program. All travel for activities not related to the MPO requires prior approval by MDT. Reimbursement for both in-state and out-of-state travel shall
be at the prevailing rates for each participating agency. If travel expenses are expected to exceed
travel funds available in the Work Program, a Work Program amendment is required. XV. PUBLICATION
Papers, interim or annual reports, forms, or other materials shall not be copyrighted except with prior
written approval by MDT and FHWA. Participating Agencies and FHWA are free to use the data and results without restriction, unless copyrighted.
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XVI. AMENDMENT
Any amendments to the terms of this Agreement shall be agreed to in writing by the Participating Agencies with concurrence by FHWA, prior to undertaking any action affected by the change. XVII. TERMINATION OF AGREEMENT
A party may terminate its interest and obligations under this Agreement by giving at least six months’ written notice to the other parties. If the Agreement is terminated prior to the fulfillment of the terms stated herein, MDT shall reimburse the CITY only for actual expenses incurred to the date of termination.
XVIII. LEGAL RELATIONS The Participating Agencies shall comply with all Federal, State, and local laws and ordinances applicable to the work to be conducted under this Agreement, including the non-discrimination
regulations as illustrated in Exhibit A.
No liability shall be attached to the State by reason of entering into this Agreement, except as expressly provided herein.
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IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year
first above written.
APPROVED FOR CITY OF BOZEMAN APPROVED FOR GVMPO
By: ______________________________ By: ______________________________ Bozeman City Manager TPCC Chair
ATTEST
By: ______________________________ Bozeman City Clerk APPROVED AS TO FORM & CONTENT By: ______________________________ Bozeman City Attorney
APPROVED FOR MONTANA DEPARTMENT OF TRANSPORTATION
By: ______________________________ MDT Rail, Transit, and Planning Division Administrator
By: ______________________________
MDT Legal Counsel
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MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
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c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
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(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
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- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
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Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Aaron Funk, Controller
Melissa Hodnett, Finance Director
SUBJECT:Authorize the Mayor to Sign an Amendment One for the Montana State
Historic Preservation Office Certified Local Government Program Grant
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Approve consent agenda item
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:This is a consent agenda item for the Mayor's signature for the Bozeman
Certified Local Government grant amendment one for 2024-2025 cycle with
the Montana State Historic Preservation Office. The original grant award was
$6,000 and requires a 60/40 match. This grant amendment will add an
additional $7,708.51 for a total grant of $13,708.51. This grant has
historically supported historic preservation outreach, architectural survey
and education programming. The original grant agreement 2024-03 was
signed by the Mayor on the March 19, 2024 consent agenda and went into
affect on April 1, 2024.
The City of Bozeman has been designated as a Certified Local Government
(CLG) since 1991 by the State Historic Preservation Office in partnership with
the National Park Service under the National Historic Preservation Act. The
CLG program certifies local governments with historic preservation
programs, provides technical preservation assistance, and annually dedicates
10% of the SHPO's federal funding to communities that are designated a
CLG.
UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the City Commission
FISCAL EFFECTS:Total expenditures are expected to be $13,708.51 for grant agreement 2024-
03. Expenditures will be made in the Historic Preservation division of the
Planning fund and may require a future budget amendment.
Attachments:
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Complete_with_Docusign_MT-24-012_SHPO_CLG_Co.pdf
Report compiled on: June 28, 2024
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Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
2024-03
MT Historic Preservation Office Certified Local Government Grant
Sarah Rosenberg Community Development
Sarah Rosenberg
Sarah Rosenberg
15.904 2024
13,708.51 Yes
0.00%100-1660-411-50-99
$ 5,483.00
Yes
No
This is the annual MT Historic Preservation Certified Local Government grant program
allocation for 2024-2025 cycle. Uses: Maintain an active Historic Preservation Commission
(HPC); Participate in and carry out the responsibilities for CLG program status as outlined in
the MT CLG Manual; Ensure historic preservation concerns are considered at all levels of local
government planning and are incorporated as goals of other local, state, and federal projects;
Administer local preservation ordinances;Designate a minimum half-time designated Historic
Preservation Officer; Send at least one person from the CLG to a SHPO training; Research &
Develop policy goals for historic preservation and development of local landmark program.
Submit semi-annual progress reports, meeting minutes and financial reports per deadlines
outlined in agreement. A final progress report is due by 3/31/2025 sent via email to State CLG
coordinator.
n/a n/a n/a n/a n/a
no grant routing form completed no grant routing form completed no grant routing form completed no grant routing form completed 3/19/2024
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526
7/2/2024
108175
Amendment A. to Agreement Number: MT-24-012-(A) STATE OF MONTANA AGREEMENT
This is an amendment to agreement MT-24-012 made between City of Bozeman, 20 East Olive Street,
Bozeman, MT 59715, UEI No. EEAPKALAEM35 (the "Subgrantee") and the Montana State Historic Preservation Office (SHPO), Montana Historical Society (MHS), 225 North Roberts, PO Box 201202, Helena, Montana 59620-1202 (the "Grantor" or the “State”).The two parties, in consideration of mutual covenants and stipulations described in the agreement and below, agree to amend the agreement as follows:
The following amendment replaces the original language noted for the Sections 1 and 2 indicated: 1. EFFECTIVE DATE, DURATION, AND RENEWAL This Agreement shall take effect on April 1, 2024, and shall terminate on March 31, 2025, unless
a new termination date is set or the Agreement is terminated as provided in this Agreement.
Total payments by the Grantor for all purposes under this Agreement shall not exceed $13,708.51. In the event that the Grantor does not receive full funding from the National Park Service (NPS), the total grant award may be reduced, as outlined in “The Montana Certified Local Governments Manual.” Payment shall be made on a reimbursement basis by request of
Subgrantee to the Grantor.
2. SERVICES AND/OR SUPPLIES The Subgrantee shall:
1. Maintain an active Historic Preservation Commission (HPC) that will advocate for preservation,
assist the HPO to accomplish preservation goals, and fill vacancies on the HPC promptly. 2. Participate in and carry out the responsibilities for Certified Local Government program status as outlined in "The Montana Certified Local Government Manual.” 3. Ensure historic preservation concerns are considered at all levels of local government planning and
are incorporated as goals of other local, state, and federal projects.
4. Administer local preservation ordinances. 5. Designate a minimum half-time designated Historic Preservation Officer (HPO) who demonstrably plays an active and consistent role in the conduct of the Subgrantee’s historic preservation activities. On behalf of the Subgrantee it is the role of HPO to conduct these activities and/or work with the HPC to:
a. Regularly report on HPC activities at local government Commission meetings and be
available for comment to these groups and other local government offices; b. Provide technical assistance, direction, and/or literature on historic preservation tax credits, National Register, Federal regulations and Secretary of Interior Standards; c. Evaluate historic properties for potential and feasible reuse and rehabilitation;
d. Coordinate, promote and participate in events such as National Historic Preservation
Month and/or other preservation related activities; e. Cooperate and communicate with the Grantor and fellow HPO/HPCs in Montana and elsewhere as appropriate; and f. Submit semi-annual progress reports, meeting minutes and financial reports per deadlines
outlined in this agreement. In the Final Progress Report, the HPO will identify the benefits the local
government has derived as a result of the employment of a HPO, the needs of the local government for future professional preservation efforts, and any additional functions of the HPO carried out which further the understanding and implementation of historic preservation values and objectives in the local government.
6. Send at least one (1) person from the Certified Local Government to a State Historic Preservation
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526
109176
Office (SHPO) - approved training. The attendee shall attend the entire training and report back to their Preservation Commission. 7. Research and develop policy goals and processes for the local historic preservation program and development of a local landmark program.
All work completed under this funding agreement must meet the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as interpreted by the Grantor. Final products or services that do not fulfill the requirements of this Agreement, and do not comply with the appropriate Secretary of the Interior's Standards, will not be reimbursed, and any advance payments made in connection
with such products or services must be repaid to the Grantor.
All other terms and conditions outlined in the Agreement and any modifications thereto remain unchanged. To express the parties' intent to be bound by the terms of this Amendment, they have executed this document
on the date set out below:
__________________
Terry Cunningham, Mayor Date
City of Bozeman __________________
Emily McKeever, Administrator Date
Montana Historical Society
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526
110177
COB Grant #2024-03DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526111178
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526112179
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526113180
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526114181
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526115182
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526116183
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526117184
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526118185
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526119186
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526120187
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526121188
DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526122189
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Historic Preservation Officer/Associate Planner
Erin George, Interim Director of Community Development
SUBJECT:Bozeman Landmark Program, application 22388
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Special Presentation
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Historic Preservation Program began in the early 1980's when a
comprehensive historic architecture survey of the "historic portion" of the
city was conducted. Surveying over 4000 properties provided the foundation
to nominate eight National Historic Districts, establish a historic preservation
policy, and create the Neighborhood Conservation Overlay District (NCOD).
The City issued an RFP in December 2022 seeking consultant assistance to
conduct additional research and community engagement to inform and draft
policy changes, including a local landmark nomination process, in line with
the 2015 and 2019 reports and recent national trends. After a competitive
procurement process, Community Planning Collaborative (CPC) was selected
to assist with the project. The Bozeman Landmark Program will focus on:
1. Defining the concept of preservation and heritage within the context
of Bozeman.
2. Promoting inclusivity within our preservation efforts.
3. Adapting our policies to changing circumstances.
4. Ensuring that preservation can act as a resource in our growing
community.
5. Providing support for community members engaged in preservation
projects and activities.
The project is divided into two phases. The first phase focuses on research
and community engagement that will result in policy recommendations. The
second phase will put the recommendations into action (subject to City
Commission authorization) by drafting and preparing necessary code
amendments. At both phases, the Historic Preservation Advisory Board
(HPAB) will review and provide their recommendation to the City
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Commission for consideration.
Community engagement efforts kicked off at the HPAB meeting on
Thursday, July 11. Upcoming community engagement events include:
Wednesday, July 17 - Open House, Bozeman Fire Station 3, 6-8pm
Thursday, July 18 - Open House, Beall Park, 6-8pm
Friday, July 19 - Summer Crazy Days, Ellen Theater, 4-7pm
Saturday, July 20 - Gallatin Valley Farmers Market, Story Mansion,
9am-12pm
Saturday, July 20 - Make Your Own Historic Marker, Bozeman Library,
12-4pm
Tuesday, July 23 - Bozeman Farmers Market, Lindley Park, 5-8pm
This special presentation will highlight the project and give more details
about community engagement efforts. For more details on the project,
check out the Engage Bozeman page.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:The FY24 budget allocated funds for the project and the Professional Service
Agreement was approved by City Commission and signed in October 2023.
Report compiled on: July 11, 2024
124
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Interim Director of Community Development
SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the
Establishment of an Initial Zoning Designation of REMU on 2.705 Acres, the
2320 West Babcock Annexation; the Property is Addressed at 2320 West
Babcock, Application 24106
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 24106 and move to recommend
approval of the 2320 West Babcock Zone Map Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex two parcels totaling 2.705
acres plus adjacent rights-of-way into the City limits and establish an initial
zoning of REMU, Residential Emphasis Mixed-Use Mixed District. The
property is currently zoned “General Residential” (R) within the County
administered Zoning District Number 1.
The property hosts a single residential structure (three units) and accessory
structures. The zoning regulations would only allow a two-household
dwelling and home occupations on the site. No commercial or more than
two-household dwelling is permitted. The property is bisected by the West
Fork of Catron Creek which also serves as a conveyance facility for Farmers
Canal and Middle Creek Ditch Company.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020
designates the property as “Urban Neighborhood” which includes both the
REMU district as implementing zoning districts. Nearby municipal zoning
includes R-3, R-O, and B-2. The subject properties are within the urban
planning and municipal service area for the City.
125
The proposed annexation would bring in additional right of way to build out
sections of West Babcock Street.
UNRESOLVED ISSUES:There are no identified conflicts or unresolved issues with this application.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
24106 2320 W Babcock_Annex_ZMA CC SR.pdf
Report compiled on: June 18, 2024
126
Page 1 of 44
24106 Staff Report for the 2320 West Babcock Annexation and ZMA
Public Hearings: Community Development Board (map amendment only) June 17, 2024.
City Commission (annexation and map amendment) July 16, 2024.
Project Description: The 2320 West Babcock Annexation requests annexation of 2.705 acres
and amending the City Zoning Map for the establishment of a zoning designation of
REMU (Residential Emphasis Mixed-Use District).
Project Location: Property is addressed at 2320 West Babcock Street and being tracks of
land being parcels show per Film 24, Page 425, and the Parcel conveyed on Film 24,
Page 426 located in the Southeast One-Quarter (SE ¼) of Section 11, Township Two
South (T2S), Range Five East (R5E), P.M.M., Gallatin County, Montana. The
annexation and zone map amendment would also apply to the streets adjacent to the
property.
Recommendation: Meets standards for approval with terms of annexation and contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby
adopt the findings presented in the staff report for application 24106 and move to
recommend approval of the 2320 West Babcock Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 24106 and move
to approve the 2320 West Babcock Annexation subject to the terms of annexation and
direct staff to prepare an annexation agreement.
Recommended City Commission Zoning Motion: Having reviewed and considered the staff
report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 24106 and move to approve the 2320 West Babcock
Zone Map Amendment with contingencies of approval necessary to complete adoption
of an implementing ordinance.
Report Date: June 10, 2024
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
127
Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 2 of 44
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date. This report addresses both the zoning amendment for Community Development Board
acting in their capacity as the Zoning Commission, as well as the annexation and the zoning
amendment for the City Commission. The application materials are available on the City’s
website in the laserfiche archive.
Unresolved Issues
There are no identified conflicts or unresolved issues with this application.
Project Summary
The applicant and property owners seek to annex two parcels totaling 2.705 acres plus adjacent
rights-of-way into the City limits and establish an initial zoning of REMU, Residential
Emphasis Mixed-Use Mixed District. The property is currently zoned “General Residential”
(R) within the County administered Zoning District Number 1.
The property hosts a single residential structure and accessory structures. The zoning
regulations would only allow a two-household dwelling and home occupations on the site. No
commercial or more than two-household dwelling is permitted. The property is bisected by the
West Fork of Catron Creek which also serves as a conveyance facility for Farmers Canal and
Middle Creek Ditch Company.
The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the
property as “Urban Neighborhood” which includes both the REMU district as implementing
zoning districts. Nearby municipal zoning includes R-3, R-O, and B-2. The subject properties
are within the urban planning and municipal service area for the City.
The proposed annexation would bring in additional right of way to build out sections of West
Babcock Street.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
• Bozeman Community Plan 2020
• Gallatin County growth policy
• Gallatin County/Bozeman Area Plan – County neighborhood plan
• Transportation Master Plan 2017 – City transportation plan
• Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
• Water Facility Plan 2017 – City’s plan for water system operations and expansion
• Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion
128
Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 3 of 44
In determining whether the criteria applicable to this application are met, Staff considers the
entire body of plans and regulations for land development. Standards which prevent or mitigate
possible negative impacts are incorporated in many locations in the municipal code but are
principally in Chapter 38, Unified Development Code. References in the text of this report to
Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission held
a public meeting on June 17, 2024. The Commission found the proposed REMU zoning district
was appropriate for the context with a variety of uses, building forms, and connectivity to the
greater area. The adjacency to the large Main Street / Huffine Lane commercial corridor to the
south and east and the eclectic residential areas to the north and south allowed the REMU zone
to provide a meaningful transition between these areas. No public comment was heard at the
meeting. In conclusion the Commission voted (5:0) to recommend approval to the City
Commission. A video recording of the proceedings can be viewed at the following web link.
https://bozeman.granicus.com/player/clip/2306?view_id=1&redirect=true
Public comment has been received on the application and be viewed at the following web
link. [External Link]
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the applicant to
supply additional information or to address specific items.
129
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Community Development Board (Zoning Commission) Summary ................................... 3
Alternatives ......................................................................................................................... 3
SECTION 1 - MAP SERIES: ................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION ............................................ 8
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 4 – ADVISORY COMMENTS ............................................................................ 11
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 11
Annexation ........................................................................................................................ 11
Zone Map Amendment ..................................................................................................... 12
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................ 12
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 22
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 39
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 40
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 40
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ............................ 44
FISCAL EFFECTS ................................................................................................................. 44
ATTACHMENTS ................................................................................................................... 44
130
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
131
Staff Report for the 2320 W Babcock Annexation and ZMA, Application 24106 Page 6 of 44
Map 3: BCP 2020 Future Land Use Map
132
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Map 3: Existing City Zoning
133
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SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply with
the City’s Annexation Policy and the requirements of state law for the provision of services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified
as the “2320 West Babcock Annexation”.
2. An Annexation Map, titled “2320 West Babcock Annexation Map” with a legal
description of the property and any adjoining un-annexed rights-of-way and/or street
access easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied as a PDF for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers
Office. This map must be acceptable to the Director of Public Works and City
Engineers Office and must be submitted with the signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation
agreement from the City to the applicant or annexation approval shall be null and void.
4. The landowners and their successors must pay all fire, street, water, and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit
listed therein.
5. If they do not already exist, 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) for the following:
a. Street improvements to West Babcock Street between Fowler Street to Main
Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of the improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination
thereof. The applicant must provide a copy of the SID waiver in conjunction with
the Annexation Agreement.
c. The applicant may obtain a copy of the template SID waiver from the City
Engineering Department. The document filed must specify that in the event an SID
is not utilized for the completion of these improvements, the applicant agrees to
participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square footage
of property, taxable valuation of the property, traffic contribution from the
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development, or a combination thereof. The applicant must provide a copy of the
SID waiver filed with the County Clerk and Recorder prior to annexation.
6. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in conjunction
with future development. The storm water master plan shall address maintenance
and operations until and unless the City affirmatively assumes responsibility for
maintenance and operations of stormwater facilities within the area of the
annexation.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent currently
available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that there is no right, either granted
or implied, for Landowner to further develop any of the Property until it is verified
by the City that the necessary municipal services are available to the property.
d. The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
e. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
f. The agreement must include notice that charges and assessments may be required
after completion of annexation to ensure necessary municipal services are available
to the property.
g. The Annexation Agreement must include notice that the City will assess system
development and impact fees in accordance with Montana law and Chapter 2,
Article 6, Division 9, Bozeman Municipal Code.
h. All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the final
Annexation Agreement.
7. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time of connection.
8. The applicant must contact the City’s Engineering Department to obtain an analysis of
cash-in-lieu of water rights for the proposed annexation. The determined amount must
be paid prior to the adoption of Resolution of Annexation, if applicable.
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9. BMC 38.410.130. Water Adequacy - As a condition of the annexation agreement the
applicant must provide all useful water rights to the City prior to future development.
Please identify any water rights associated with the subject properties.
10. Additionally, in connecting the existing structures to the City water system the new
demand must be offset by one of the mentioned identified in 38.410.130. (i.e.
transferring rights, paying cash-in-lieu of water rights, etc.). In order to estimate the
demand offset please identify all the structures onsite that will be connected to City
Water and their approximate square-footage and use.
11. If the is an existing well providing service to the structures and/or landscaping the well
should be retained and used to provide irrigation in lieu of using municipal water.
12. City of Bozeman Resolution 5076, Policy 1 West Babcock Street is classified as a
Collector in the Bozeman Transportation Master Plan (TMP), which has a minimum
right-of-way ROW width of 90 feet. The applicant must provide their respective portion
of the ROW necessary to follow the alignment shown in the transportation plan as a
public street and utility easement where W Babcock St is adjacent to the property. This
condition will need to be incorporated into the annexation agreement.
13. The applicant must properly abandon the existing on-site septic tank and leach fields
prior to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent for inspection, and the
applicant must report the abandonment to the Gallatin City County Health Department.
In addition to abandonment of the septic tank and leach field, the applicant must
demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City sanitary sewer
system.
14. The applicant must completely disconnect the on-site well from the house prior to
connection to the City water system to protect the City’s system from cross
contamination. The applicant must contact the City Water and Sewer Superintendent
to inspect the disconnection prior to connection of water service from the house to the
City water system.
15. All final easements provided to the City must be stamped and signed by a professional
surveyor.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “2320 West Babcock Annexation Zone Map
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Amendment.” All required documents must be returned to the City within 60 days of the
City Commission action to annex the property or the preliminary approval shall be null and
void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “2320 West Babcock
Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must
be acceptable to the City Engineer’s Office and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property including adjacent rights-of-way
or street easements, and total acreage of the property to be rezoned, unless the property to
be rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable mete and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 4 – ADVISORY COMMENTS
1. Water efficient landscape ordinance (and associated Landscape and Irrigation Performance
and Design Standards Manual) have been adopted by the Bozeman City Commission.
These revisions to Bozeman’s UDC will ensure that landscapes in future developments use
water more efficiently by placing limits on the amount of turfgrass that can be installed,
requiring high-quality topsoil, and setting standards for how irrigation systems are
designed. To familiarize yourself with these upcoming changes, please visit
https://www.bozeman.net/departments/utilities/water-conservation/new-development-
standards. If the effective date of this ordinance occurs before this project is deemed by
City review agencies as "adequate", then it will be subject to the new code requirements.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could
not be addressed through future development review processes and adopted City Codes.
The City Commission will hold a public meeting on the annexation on July 16, 2024. The
meeting will begin at 6 p.m.
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Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found the
requested zoning meets standards for approval as submitted. The Zone Map Amendment
(ZMA) is in conjunction with an annexation request. Staff’s recommendation and staff
responses are predicated on approval of the annexation, application 24106.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application that cannot be addressed with adopted standards and requirements for future
development.
The Community Development Board acting in their capacity as the Zoning Commission will
hold a public hearing on this ZMA on June 17, 2024, and will forward a recommendation to
the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. in will be held
in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. Remote
electronic participation may also be available. Instructions for participating remotely will be
included on the meeting agenda. The agenda is available in the Events portion of the City’s
website at https://www.bozeman.net/home at least 48 hours prior to the meeting.
The City Commission will hold a public hearing on the zone map amendment on July 16, 2024.
The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave,
Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone
Map Amendment application. Remote electronic participation may also be available.
Instructions for participating remotely will be included on the meeting agenda. The agenda is
available in the Events portion of the City’s website at https://www.bozeman.net/home at least
48 hours prior to the meeting.
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following:
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
Criterion Met. The property in question is contiguous to the City limits on the eastern,
southern, and northern sides of the property.
Goal 2: The City encourages all areas that are totally surrounded by the City to annex.
Criterion met. The subject property is wholly surrounded.
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Goal 3: The City encourages all properties currently contracting with the City for City
services such as water, sanitary sewer, and/or fire protection to annex.
Criterion met. The subject property is not currently contracting for services.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
40.03.1380 Consent
to Annexation
Service outside of
the city limits
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
After annexation and
prior to extension of
services
Goal 4: The City of Bozeman requires annexation of all land proposed for development
lying within the existing and planned service area of the municipal water and sewer
systems as depicted in their respective facility plans, any land proposed for development
that proposes to utilize municipal water or sewer systems.
Criterion met. The subject property lies within the planned service area of the municipal water
and sewer services. Future proposed developments will be required to utilize municipal water
or sewer systems.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.350.030.D Required connection
to water and sewer
municipal systems
Water and sewer
facility plans
Subdivision or site plan
review, or approval to
connect
38.410.070,
Municipal water,
sanitary sewer and
storm sewer
systems.
Installation of water
and sewer services
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review, or approval to
connect
Goal 5: The City encourages annexations within the urban area identified on the future
land use map in the current Bozeman Growth Policy.
Criterion Met. As shown in Section 1, the subject property is planned as ‘Urban Neighborhood’
and is within the urban area of the growth policy. See the discussion under Criterion A of
Section 6 of the report for more information on the growth policy.
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Goal 6: The City of Bozeman encourages annexations to make the City boundaries more
regular rather than creating irregular extensions which leave unannexed gaps between
annexed areas or islands of annexed or unannexed land.
Criterion Met. The proposed annexation continues expansion of city boundaries in a
methodical regular manner. The annexed property will backfill an island of un-annexed
property within city limits.
Goal 7: The City of Bozeman encourages annexations which will enhance the existing
traffic circulation system or provide for circulation systems that do not exist at the
present time.
Criterion met. The property is bounded by a roadway identified in the Bozeman Area
Transportation Plan, 2017 Update as Collector Street, West Babcock Street. The subject
property has not gone through subdivision or site plan review to capture formal street and
utility easements for the construction and maintenance of the street.
Terms of annexation include provisions pursuant to City of Bozeman Resolution 5076, Policy
1 to acquire necessary rights-of-way (ROW) to accommodate the development of the street.
Collector streets require a minimum of 90 feet. Upon development these routes must be
constricted pursuant to the City’s design and specifications plans. See Terms of Annexation
No. 12.
There are no Class I trails identified in the recently adopted 2023 Comprehensive Parks,
Recreation, and Active Transportation Plan (PRAT). There is, however, a watercourse, the
West Fork of Catron Creek, that bisects the property. The city has provisions to ensure access
and preservation of all waterways is maintained with further development.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400.010
Transportation
facilities and access
Construction and
placement of streets
Transportation
Master Plan, Design
Standards and
Specifications
Policy
Subdivision or site plan
review
38.400.020, Street
and road dedication
Construction and
placement of streets
Transportation
Master Plan, Design
Standards and
Specifications
Policy
Subdivision or site plan
review
38.400.050 Street
and road right-of-
way width and
Construction and
placement of streets
Transportation
Master Plan, Design
Standards and
Subdivision or site plan
review
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construction
standards
Specifications
Policy
38.410.060
Easements
Location and form
of easements
Transportation
Master Plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in size,
but will allow annexation of smaller parcels if factors such as topographic limitations,
sanitary disposal needs, fire access, maintenance of public facilities, etc., justify a smaller
annexation.
Goal not met. The subject properties are 2.705 acres.
Goal 9: The City seeks to obtain water rights adequate for future development of the
property with annexation.
Criterion Met. After annexation, the subject property will be bound to the provisions of
38.410.130 which require evaluation of water adequacy and provision of water if needed at
time of development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during development review. There are
several methods to address the requirements of 38.410.130. The annexation agreement will
provide notice of this requirement, see Terms of Annexation 9 & 10. The landowner will
consent to this requirement by signature on the annexation agreement.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.410.130 Water
Adequacy
Water rights to serve
new development
Water master plan,
Integrated Water
Facility Plan
Annexation, subdivision
or site plan review
Goal 10: The City of Bozeman encourages annexations for City provision of clean treated
water and sanitary sewer.
Criterion Met. The subject property is located within the City’s planned water and sewer
service area. See Goal 4 above. Any future development will be required to connect to the
City’s systems.
Per Term of Annexation 6.d and 7, the Annexation Agreement requires notice that the applicant
requires the applicant to design extensions of services to meet the City’s adopted infrastructure
standards. These include provisions for minimum water pressure and volumes, adequate sewer
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flows by volume, gravity flow of sewers, and other standards necessary to protect public health
and safety and ensure functional utilities. Also, as noted in the application submittal water and
sewer stubs to serve the property were installed.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.350.030.D Required connection
to water and sewer
municipal systems
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review, or approval to
connect
38.410.070,
Municipal water,
sanitary sewer and
storm sewer
systems.
Installation of water
and sewer services
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review, or approval to
connect
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or storm
or sewer mains, and Class I public trails not within the right of way for arterial or
collector streets. Annexations must also include waivers of right to protest the creation
of special or improvement districts necessary to provide the essential services for future
development of the City.
Policy Met. As discussed in Section 5 Goal 7, additional right of way is being included for the
Collector Street of West Babcock Street. See Terms of Annexation 9 - 10.
No Class I trails are designated for the subject property according to the PRAT Plan.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Easements for arterial,
collector street, and
Class 1 Trails with
annexation. All others
with subdivision or site
plan review.
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38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior to or
in conjunction with the application for annexation.
Policy Met. The subject property is planned for Urban Neighborhood. No change to the growth
policy is required. The application includes a request for initial zoning of REMU. See the zone
map amendment section of this report for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
Policy Met. The property is designated “Urban Neighborhood” on the future land use map. A
growth policy amendment is not required. See discussion under zone map amendment
Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be determined
by the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, simultaneously with review of the
annexation petition.
The Community Development Board acting in their capacity as the City Zoning Commission
will be reviewing the requested zoning district designation on June 17, 2024. The Zoning
Commission’s recommendation will be passed along to the City Commission for review and
consideration along with the annexation request on July 16, 2024.
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
Policy Met. The applicant has requested a zoning designation of REMU, Residential Emphasis
Mixed-Use District. See Section 6 of this report for analysis of the requested zoning.
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Policy 6: Fees for annexation processing will be established by the City Commission.
Policy Met. The appropriate application processing and review fees accompanied the
application.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Policy Met. The subject property is accessed by West Babcock Street, which is paved.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Policy Met. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as outlined by
Section 38.410.130 of the municipal code. The calculated amount will be determined by the
Director of Public Works and based on the zoning designation approved by the City
Commission. Term of Annexation 9 & 10 requires notice of this requirement to be part of the
annexation agreement. Satisfaction of this requirement will occur with future development.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.410.130 Water
Adequacy
When water rights
are due and in what
form
Water facility plan
Integrated Water
Facility Plan
Subdivision or site plan
review
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
Policy Met. City infrastructure and emergency services are available to the subject property.
The property is located adjacent to existing urban development that is currently served by
Bozeman Fire.
Water and sewer infrastructure is installed on the north side of the property within the West
Babcock Street ROW. Two existing 8-inch poly vinyl chloride sewer mains were previously
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stubbed to the property. A 10-inch ductile iron water pipe is in West Babcock installed through
SID No. 622. Although existing water and sewer stubs are installed additional water and sewer
service will be required as the property develops.
The existing house utilizes an onsite sewer system and an individual well for water. Prior to
development or redevelopment of the site connection to city services is required including
proper abandonment of the septic system. Term of Annexation 13 and 14 ensure these steps
are followed.
Per Term of Annexation 6.a, 6.d, and 7, the Annexation Agreement required to finalize the
requested annexation will require the applicant to design extensions of services to meet the
City’s adopted infrastructure standards. These include provisions for minimum water pressure
and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards
necessary to protect public health and safety and ensure functional utilities.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.270 Completion
of Improvements
When infrastructure
and other
improvements must
be completed with
development
Facility plans and
design standards
applicable to the
particular
improvements
Subdivision or site plan
review
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
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38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
Policy Met. City services are not currently being provided to this property. Emergency
connection is not being requested or need at this time. Future development will be required to
hook up to City services. This annexation is not a result of an emergency condition requiring
connection.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
40.03.1380 Consent
to Annexation
Service outside of
the city limits
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Prior to extension of
services
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
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the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Policy Met. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Mapping requirements are addressed in
Recommended Term of Annexation 2. The map must include adjacent right of way and
therefore cannot be described solely by reference to platted lands.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
Neutral. The annexation does not require immediate payment of fees. The annexation
agreement will provide notice of obligations to pay impact fees at times of triggers as required
in ordinance.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle
twice, and posted on the site as set forth under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
Policy Met. Suggested terms of annexation include a notice that the agreement, once prepared
and provided to the applicant, must be signed, and retuned within the stated period. This policy
will be implemented only if the Commission acts to grant approval. If the application is denied,
then no annexation agreement will be necessary.
Policy 15: When possible, the use of Part 46 annexations is preferred.
Policy Met. This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
Neutral. No active road improvement districts are associated with this application.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
Policy Met. The necessary agencies were notified and provided copies of the annexation.
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Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Policy Met. The existing residential structure is being served by an individual well and septic
system. All future development will be required to connect to city services. The individual
systems must be properly severed and abandoned upon development of the site. A term of
annexation requires connection to municipal water and sewer implements this policy. In
conjunction with future connection the septic system must be properly abandoned and the well
disconnected from the domestic supply. Terms of Annexation 8-10 address these issues.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.350.030.D Required connection
to water and sewer
municipal systems
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
Subdivision or site plan
review or approval to
connect
40.03.1380 Consent
to Annexation
Service outside of
the city limits
Water and sewer
facility plans,
Design Standards
and Specifications
Policy
After annexation and
prior to extension of
services
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
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safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative impacts are
incorporated throughout the entire municipal code but are principally in Chapter 38, Unified
Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land
use map. The introduction to that chapter discusses the importance of the chapter. Following
are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration
of the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the
community. Each category has its own descriptions. Understanding the future land use
map is not possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on the
maps in Section 1, on the excerpt of the current future land use map, the property is designated
as Urban Neighborhood. The Urban Neighborhood designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
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limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed-use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
Correlation with Zoning Table excerpt, the requested REMU district is an implementing
district of the Urban Neighborhood designation.
Except from BCP2020 Future Land Use Map:
The applicant is requesting REMU for the property, which is classified as a commercial and
mixed-use zoning designation pursuant to section 38.300.110, BMC. The intent and purpose
of the REMU district is to establish areas within Bozeman that are mixed-use in character
and to provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. These purposes are accomplished by a
variety of objectives as detailed in Appendix B in this report. In other words, it is a permissive
zoning district.
Tables 38.310.040.A, B, & C list permitted uses in the REMU district. All types of residential
structures are allowed from accessory dwelling units through apartment buildings, nearly all
type of commercial uses such as retail, medical, offices, restaurants, and convenience uses
are permitted. Industrial uses are limited although light manufacturing is permitted on a
smaller scale.
This zoning district correlates with the principles applied in the Bozeman Community Plan
2020. Many of the ten principles are listed under Basic Planning Precepts of the Plan are
supported by the REMU district. For example, the precept that urban design should integrate
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in residential and commercial land use activities, multimodal transportation, and open spaces
is supported by the REMU district implementation strategies #5. Secondly, precept that a
variety in housing and employment opportunities are essential is supported by the REMU
district objectives #1 and 4. Third, diverse uses of land should occur relatively close to one
another. This precept is supported by implementation strategy #2, 3, 4 and intent and purpose
statement. Finally, the City intends to create a healthy, safe, resilient, and sustainable
community by incorporating a holistic approach to the design, construction, and operation of
buildings, neighborhoods, and the City as a whole. Developments should contribute to these
goals and be integrated into their neighborhood and the larger community. This goal is
implemented by the zoning districts strategy #3, 4, 5, and 6. Additional harmonious synergies
are apparent but overall, the REMU district is supportive of the BCP 2020.
Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been identified.
The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the city implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of when
the City may initiate a zoning change to a more intensive district to increase development
opportunities. This section demonstrates that the City, as a matter of policy, is supportive of
more intensive zoning districts and development. It is inconsistent with this approach to zone
at annexation for lower intensities than what infrastructure and planning documents will
support. This policy approach does not specify any individual district but does lean towards
the more intensive portion of the zoning district spectrum.
Staff generally concurs with the analysis intent provided by the applicant. The applicant
provided the following analysis in support of their application.
GOAL N‐1: Support well‐planned, walkable neighborhoods.
OBJECTIVE N‐1.11: Enable a gradual and predictable increase in density in
developed areas over time.
As noted previously, the current county “R” zoning designation for the property
allows for the construction of one single‐family residence per half‐acre, or one duplex
per acre. The proposed amendment to REMU would allow for a significant increase in
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density on this already developed property that would more closely match densities of
the annexed properties to the north, east, and south.
GOAL DCD - 2: Encourage growth throughout the City, while enhancing the pattern
of community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.
OBJECTIVE DCD ‐ 2.2: Support higher density development along main corridors
and at high visibility street corners to accommodate population growth and support
businesses.
The proposed amendment from “R” zoning to REMU would allow the property to be
developed in the future at a much higher density than the current triplex on the
property.
This property fronts on and is accessed by West Babcock Street, a city collector, and is
less than 500 feet from the high visibility street corner at the intersection with West
Main Street, a Principal arterial.
The increased development density and mixed‐use opportunities allowed under the
REMU designation will accommodate population growth in the area and provide space
for businesses.
GOAL M‐1: Ensure multimodal accessibility.
OBJECTIVE M‐1.1: Prioritize mixed‐use land use patterns. Encourage and enable the
development of housing, jobs, and services in close proximity to one another.
The proposed amendment to REMU will move the property from a lower density
residential to a mixed‐use designation. The mixed‐use allowance in REMU will
naturally allow for the development of residential units and businesses on the property.
However, the change will also meet this objective in terms of the surrounding
neighborhoods by increasing the number of residences in proximity to the adjacent
commercial properties and, conversely, providing additional businesses in proximity
to the adjacent residential areas.
In addition, the support offered by the applicant other goals and objectives are furthered by
this application. Such as:
Goal DCD-1: Support urban development within the City.
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The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the City
Commission declines the annexation then the requested RREMU zone will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted facility
plans for development at urban intensity.
The proposed zoning is consistent with the future land use map and is within the current
facilities plans.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Gallatin County has been notified of the proposed annexation.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property is adjacent to the City and does not create any new unannexed areas
surrounded by City limits. The property is seeking annexation and municipal zoning for the
purpose of residential development. Annexation is happening before development.
In addition to goals and objectives, the BCP 2020 includes descriptive statements regarding
what the goals and objectives seek to support and create. Page 27 of the BCP 2020 includes
the descriptive language for Theme 2, A City of Unique Neighborhoods. Reviewing the
language, themes of housing diversity, inclusion, and equity to serve different housing needs
are prevalent. Theme 2 emphasizes the importance of neighborhoods in the City’s
development. It is notable that none of the goals and objectives associated with Theme 2 calls
for fixing the character of developed areas in their current status or prohibit the evolution of
an area’s character.
There is recognition of the role that a sense of place serves in Goal N-4. Neighborhoods do
have physical attributes that help them be distinctive. In this case the presence of watercourse
and sensitive lands there is an opportunity to create unique neighborhoods through a well-
planned subdivision or site plan.
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.
The proposed amendment does not alter the zoning on any adjacent property and
correspondingly the character of that adjacent property. As noted in other criteria in this report,
the proposed amendment is consistent with the planned development of the area as homes with
an urban intensity. While the application does not further all goals of the BCP 2020, taken as
a whole, the application is supportive of and in accordance with, the BCP 2020.
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B. Secure safety from fire and other dangers.
Criterion Met. The property can be served by the Bozeman Fire Department. Fire protection
water supply will be provided by the City of Bozeman water system. There is an existing
residential structure and associated accessory buildings on the site. Upon annexation the
subject property will be provided with City emergency services including police, fire and
ambulance. Future development of the property will be required to conform to all City of
Bozeman public safety, building and land use requirements. The City provides emergency
services to adjacent properties and no obstacles have been identified in extending service to
this parcel.
The property is not within any delineated floodplain. However, there is a water course that
bisects the property that will be addressed with further development.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
C. Promote public health, public safety, and general welfare.
Criterion Met. See comments in Section 6, Criteria A, B and D. City development standards
included in Chapter 38, Unified Development Code, building codes, and engineering standards
all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide
for public health through clean water. Rapid and effective emergency response provides for
public safety. The City’s standards ensure that adequate services are provided prior to
construction of homes which advances this criterion. General welfare has been evaluated
during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of
storm water, and other features of the City’s development standards advance the general
welfare. Compliance with the BCP 2020 advances the well-being of the community as a whole.
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Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Criterion Met. This property is included in future planning areas. The City conducts extensive
planning for municipal transportation, water, sewer, parks, and other facilities and services
provided by the City. The adopted plans allow the City to consider existing conditions and
identify enhancements needed to provide additional service needed by new development. The
City implements these plans through its capital improvements program that identifies
individual projects, project construction scheduling, and financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
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or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within
that district are generally acceptable in that location. It is not a guarantee of approval for
any given use prior to the completion of the appropriate review procedure and
compliance with all of the applicable requirements and development standards of this
chapter and other applicable policies, laws and ordinances. It is also not a guarantee of
immediate infrastructure availability or a commitment on the part of the city to bear the
cost of extending services.”
The application site is located well within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. All zoning districts in Bozeman enable a range of
uses and intensities. At the time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved without
demonstration of adequate capacity.
The future development of the area will require dedication and construction of streets,
provision of parks, extension of water and sewer services, and placement of easements for
telecommunication, electric service, and similar dry utilities. As noted in Section 6, Criterion
A, a major transportation corridor, West Babcock Street, serves the site. Development of any
urban zoning or more intensive County zoning district often requires improvements to the
street to the degree demonstrated as necessary during review of the development. As noted
above, the placement of a zoning district does not grant entitlement to construct.
Responsibility to make those connections lies with the developer. Review of future
development will further verify adequate capacity is present and all needed connections can be
provided before any construction may begin. Division 38.420 and Section 38.520.060 require
dedication of parks and on-site open spaces, if required, to meet the needs of residents.
The associated annexation will partially address required compliance with City standards
through the Terms of Annexation in Section 2. Dedication of right of way for arterial and
collector streets is part of the annexation process as is agreement to follow the City’s
development standards. With future development proposals, the applicant must demonstrate
not just possible but actual street networks and utility connections existing or to be constructed
to support the intensity of development proposed. See also Section 6, Criterion F regarding
transportation and Section 5, annexation Policies 8, 9, and 12. The criterion is met.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
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18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water
facilities plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan,
Water facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
E. Reasonable provision of adequate light and air.
Criterion Met. The REMU zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks, height,
lot coverage, and buffering.
In addition to the zoning standards, adopted building codes contain more detailed requirements
for air circulation, window placement, and building separation that further ensure the intent of
this criterion is satisfied.
The West Fork of Catron Creek runs through the property. The city requires protection of
watercourses, agricultural water conveyance facilities, and any associated riparian and wetland
areas. This requirement applies to all zoning districts. This will support additional light and air
beyond what would otherwise be applicable on the site.
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Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.520.060 On-site
residential and
commercial open
space
Private land open
area requirements
Site plan
F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The proposed zoning will allow for a higher density of uses than is currently
allowed under Gallatin County zoning. As a result, under the proposed zoning, when a
development is proposed, they will be responsible for their frontage improvements which will
include improvements along West Babcock in addition to internal streets required to serve
development.
The City conducts routine transportation monitoring, modeling, and planning to understand
existing conditions and future needs of the transportation system. The 2017 Transportation
Master Plan is the most recent transportation plan. Figure 2.5, Existing Major Street Network,
shows West Babcock Collector Street. The Greater Bozeman Area Transportation Plan 2007
Update, Gallatin County’s adopted transportation plan for this same area, shows the same street
classifications on Figure 2.2. The majority of the street network is filly constructed and with
adequate capacity to handle expected traffic generation from the site.
Due to historical decisions limit the areas compete street grid that supports a dynamic
transportation system. The city has set minimum standards applicable to development to limit
block length, ensure trail and sidewalk connections, and provide streets adequate to carry
traffic projected from development. These standards are not applied at the time of the ZMA
but are implemented during the subdivision and site plan processes required before any
construction may begin. See also Section 6, Criterion D. However, the system that is present
includes multi-model lanes, sidewalks, and nearby trails. Streamline bus service currently
offers two service line near the property: the Gold and Pink lines with bus stops at the
intersection of West Babcock and Main. Streamline bus service map [External Link].
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The Walk Score is 77. This value is provided by Walk Score, a private organization which
presents information on real estate and transportation through walkscore.com. The algorithm
which produces these numbers is proprietary. A score is not an indication of safety or
continuity of services or routes. Scores are influenced by proximity of housing, transit, and
services and expected ability, as determined by the algorithm, to meet basic needs without
using a car. Sites located on the edge of the community have lower scores than those in the
center of the community as the area is still under development and therefore diversity of uses
is less than in fully established areas. There are no adopted development standards relating to
the walk score. If, as suggested by the applicant, their statement of constructing mixed-use,
may eventually improve these scores.
According to Walk Score® the walks score measures the walkability of any address based on
the distance to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form
of easements for
utilities
Transportation
Master Plan,
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
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G. Promotion of compatible urban growth.
Criterion Met. The intent and purpose of the REMU 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. The
character of the area is eclectic in use, scale, and building form. The most dissimilar areas are
the islands of un-annexed properties.
Use of this mixed-use zone is appropriate for areas adjacent to a variety of land uses and can
stand alone to develop its own neighborhood character, as described in residential intent and
purpose statement. Surrounding zoning includes medium to high density residential, County
lands, and commercial.
Further, the Bozeman Community Plan establishes a preferred and compatible development
pattern. “The land use map sets generalized expectations for what goes where in the
community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan P. 51)
Individuals may have widely varying opinions about what constitutes compatibility. To
address this wide variation of viewpoint, Compatible development and Compatible land use
are defined in Article 38.7 BMC to establish a common reference for consideration of this
criterion and application of development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the
goals and objectives of the city's adopted growth policy. Elements of compatible
development include, but are not limited to, variety of architectural design; rhythm of
architectural elements; scale; intensity; materials; building siting; lot and building size;
hours of operation; and integration with existing community systems including water
and sewer services, natural elements in the area, motorized and non-motorized
transportation, and open spaces and parks. Compatible development does not require
uniformity or monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not
limited to, noise, odor, light and the presence of physical hazards such as combustible
or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or site
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design, density or use.” Compatible development can be different than what is already in place.
The City has adopted a variety of standards to implement compatibility.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing agricultural character of the subject property. It is not expected that zoning freeze
the character of an area in perpetuity. Rather, it provides a structured method to consider
changes to the character.
Application of any municipal zoning district to the subject property and subsequent
development will alter the existing character of the subject property; which is fallow historic
agricultural land within a rapidly developing area of the City. Likewise, development under
any municipal zoning district will be visually different from adjacent unannexed property. This
is true even if both are used for similar types of housing due to the differences between
municipal and county zoning.
Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and possible
built environment are evaluated. If the amendment is accompanying an annexation
request there is often a substantial change in use that will occur. In this case, the
Commission must look at what the growth policy recommends for the area, as there is
less built context to provide guidance.”
Staff concludes that although the REMU is less and more intense than some surrounding
zoning, it is compatible urban growth as called for in the growth policy. See also discussion
for Section 6, Criteria A & H.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
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38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
H. Character of the district.
Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains unaltered. Even though the criterion is most applicable to
text amendments it still must be applied to consideration of zoning map amendments. The
requested zoning meets the requirements of this criterion because, although different, it is
compatible with surrounding zoning and promotes urban growth as called for in the BCP 2020.
The proposed amendment only applies to the Applicant’s property and does not change what
is or is not allowed on adjacent property.
As noted above, the City Commission has discretion within the limits of the State established
criteria in considering the location and geographical extents of a zoning district.
Implementation of zoning must also be in accordance with the adopted growth policy. As noted
in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern.
See discussion in Section 6, Criterion A.
The BCP 2020 includes several objectives applicable to this criterion. These are:
N-1.11 Enable a gradual and predictable increase in density in developed areas over time.
N-1.2 Increase required minimum densities in residential districts.
N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary
to City land development policies or climate action plan goals.
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REMU which is mixed-use in character and provides options for a variety of housing,
employment, retail and neighborhood service opportunities within a new or existing
neighborhood. The zone allows great latitude for large scale commercial use as described in
Table 38.310.040.A and B. Retail uses are limited as proportion of the master planned site,
there is no restrictions to convenience uses, offices, general service use, short term rentals,
although hotels are limited to 40,000 square feet.
Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and possible
built environment are evaluated. If the amendment is accompanying an annexation
request, there is often a substantial change in use that will occur. In this case, the
Commission must look at what the growth policy recommends for the area, as there is
less built context to provide guidance.”
See Section 6, Criterion A above for discussion about the application and growth policy and
anticipated change to the character of the area.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or
site design, density or use.”
Staff concludes REMU is not significantly or detrimental from or to the surrounding zoning
and is compatible urban growth called for in the growth policy. See also discussion for Section
6, Criteria A, G, and F.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
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38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic
preservation
SOI Standards for
Historic
Preservation,
Design Guidelines
for Historic
Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
I. Peculiar suitability for particular uses.
Criterion Met. The property is located adjacent to residential and commercial uses which the
REMU envisions a combination of. The site is well located in relation to utilities and
transportation. Proximity of housing to significant services and employment is encouraged in
the growth policy. The proposed REMU zoning designation is suitable for the property’s
location and adjacent uses.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect watercourses
and wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
J. Conserving the value of buildings.
Neutral. The existing residential structures will remain until further development necessitates
its demise. Development of the site will likely increase building values in the area, including
the County inholding, by adding additional demand for goods and services, connecting and
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completing the transportation network, and through the minimum standards of the REMU
district nine implantation strategies.
Future development is not known at this juncture and will emerge with future development
applications. The permitted uses must conform to the adopted zoning. Adjacent rights-of-way
separate this property from adjacent property and will act as a buffer to the existing
developments. The location of amenities that may increase the value of buildings such as parks,
open space, trails, and value-added assets is undermined.
Any new structures at the site will be required to meet setback and other protective
requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential
negative impacts to the value of surrounding buildings and properties. As described in earlier
criteria, the proposed zoning is compatible with existing buildings on adjacent properties and
does not create any new situations not in compliance with municipal code.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed REMU zoning designation will encourage the most appropriate
use of land as the property is adjacent to both residential and commercial uses. There is access
to the city’s services, including streets, thus is able to support a higher intensity of uses as
allowed within the REMU zoning district. Furthermore, the proposed REMU zoning
designation is consistent with the BCP 2020 future land use map designation of “Urban
Residential”.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient
protest must: (i) contain a description of the action protested sufficient to identify the action
against which the protest is lodged; and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address), to
protest the action against which the protest is lodged, including ownership of property
affected by the action. Signers are encouraged to print their names after their signatures. A
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person may in writing withdraw a previously filed protest at any time prior to final action
by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121
North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
A zoning protest means that a least 25 percent of the property owners within the 150 feet
buffer area have formally “protested” the proposed zoning. A protest does not mean the
proposed zoning cannot be approved. It means the review authority, the City Commission,
vote as a super majority to overcome the protest. State law does not differentiate between
residents of the city or not. For the Bozeman Commission with five (5) Commissioners,
four (4) would need to vote for the application. A vote of 3:2 would mean the zoning
request would fail.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on May 11 and 18, 2024. The notice
was posted on site and notices mailed by the applicant as required by 38.220 and the required
confirmation provided to the Planning Office. Notice was provided at least 15 working days
and not more than 45 days prior to any public hearing.
No public comment has been received as of the production of this report.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such
as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected
to occur within municipal boundaries. This may require annexation prior to
development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
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Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District
whose intent is to:
Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the
REMU district is to establish areas within Bozeman that are mixed-use in character and
to provide options for a variety of housing, employment, retail and neighborhood service
opportunities within a new or existing neighborhood. 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:
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a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are
within the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but
not limited to, retail, offices, commercial services, restaurants, bars, hotels,
recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design:
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 Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020
correlates zoning districts with the Growth Policy’s land use categories, demonstrating that
the proposed zoning designation of REMU correlates with the Growth Policy’s future land
use designation of “Residential Mixed-Use”.
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APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Luke Welborn, Box 6507, Bozeman, MT 59771
Applicant: White Mountain Engineering, Box 888, Belgrade, MT 59714
Representative: White Mountain Engineering, Box 888, Belgrade, MT 59714
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715. Application documents can be viewed at the following
web link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=288485&dbid=0&repo=BOZEMAN
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Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Fowler Avenue Connection 30% Design Review
MEETING DATE:July 16, 2024
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Engage with City staff in review of 30% Fowler Avenue Connection plans.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Department of Transportation and Engineering has reached the 30%
design phase of the Fowler Avenue Connection project. City Commission and
public are encouraged to review updated material for this phase of the
project found on the EngageBZN project page.
The intent of this Commission Work Session will be to seek policy-level
feedback on the proposed design's compliance with the project approach
defined through the Pre-Design phase of the project. Special attention is
requested on the safety, multimodal, and environmental mitigation portions
of the design.
Commission has previously advanced the Fowler Avenue Connection project
out of the pre-design phase with the following criteria:
One travel lane in each direction
Left turn lanes as needed
Traffic signal intersection control at Babcock
Roundabout intersection control at Durston
Wide shared-use path on at least one side
Utilization of flexible design criteria to preserve existing tree canopy
Staff proposes to construct the 1.5 mile project in four phases; Oak to
Durston (2026), Durston to Babcock (2027), Babcock to Huffine (2028), and
finally the Huffine-Fowler intersection.
Design of each segment will be unique in order to align with existing
topography, environment, and areas of existing development.
The Oak to Durston segment will traverse east of the Section Line Ditch in
order to minimize tree removal and allow the ditch to remain open. The
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proposed typical section of this segment includes one travel lane in each
direction, shared use path on both sides of the corridor, a landscaped media
with left turn pockets, full connection of Annie St, and roundabout
intersection control at Durston. Due to the offset alignment required to
minimize tree and ditch disturbance, this segment requires approximately 5
acres of right of way acquisition and has a projected total cost of
approximately $11.5m. This alignment also leaves approximately 5 acres of a
city-owned parcel located in the southwest quadrant of the Oak-Fowler
intersection.
The Durston to Babcock segment covers two distinct existing conditions. The
north half of this segments consists of an existing portion of Fowler Ave. This
portion was originally constructed as a half-street to serve the adjacent
subdivision to the east. The south half of this segment traverses a greenfield
alignment as no existing portion of Fowler has been constructed through this
County inholding. Based on public engagement received at the pre-design
phase, staff proposes a two-lane alignment through this segment in order to
maintain the existing curb-to-curb width along the existing portion of Fowler
and avoid environmental impacts in the south half of the segment. The
existing portion of Fowler will not be widened, nor will the existing path
along the west side of the corridor be impacted. Impacts to the ditch and
tree corridor will be limited to only what is necessary to tie the southern
potion of the alignment into the existing intersection at Babcock.
Multimodal connectivity is currently proposed in this segment by preserving
and improving the shared use path along the west side of the corridor and
constructing an on-street bike lane and sidewalk along the east side of the
corridor. Shared use path cannot be constructed along the east side of the
corridor without impacting the property frontages within right of way along
the existing portion of Fowler. The intersection of Fowler and Babcock is
proposed to be served by traffic signal control per the terms of the pre-
design phase. Due to the offset alignment required to minimize tree and
ditch disturbance, this segment requires approximately 3 acres of right of
way acquisition and has a projected total cost of approximately $6.6m.
The Babcock to Huffine segment will again generally consist of a two-lane
alignment in order to utilize the existing street infrastructure and reduce
environmental impacts to the ditch corridor. Minor widening will be
necessary to construct curb and gutter for stormwater control along the east
side of the street. The existing ditch and tree corridor will remain in current
condition. Multimodal connectivity will be achieved through this segment by
improving and extending the existing shared use path on the east side of the
ditch corridor and constructing a new on-street bike lane in the southbound
direction coupled with the existing sidewalk along the west side of the
corridor. This segment does not require right of way acquisition and has a
total projected cost of approximately $1.5m.
The Fowler-Huffine intersection portion of the project will align receiving
lanes across Huffine and adjust signal phasing to provide time for protected
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left turns. The city seeks to implement the phasing improvements as an early
action project and measure further need for physical improvements before
committing to fund this portion of the project. This intersection
improvement has a total projected cost of $3.0m.
The full corridor project is scheduled to be funded through a combination of
Street Impact Fees and Arterial & Collector Assessments, as mandated by
State statute. Updated costs and funding splits will be provided in the
upcoming FY26-30 Capital Improvement Plan following 30% design review.
Staff notes that the environmental investigation performed during the pre-
design phase of the project has informed 30% design. The proposed 30%
design contains substantially reduced impacts to the ditch and surrounding
trees compared to the alternatives studied previously in the pre-design
phase. Based on this previous documentation and advancement of a lesser-
impact design, no additional formal environmental review through NEPA or
MEPA processes (i.e. Categorical Exclusion, Environmental Impact
Statement, or Environmental Assessment) is anticipated. Staff anticipates at
least 50 trees may be required to be removed primarily for work needed to
tie the new Fowler alignment into existing intersection locations. Staff has
proposed the addition of more than 200 trees to the corridor as means of
offsetting this impact and improving the overall quality of the corridor.
Further permitting and mitigation be required as the design advances. Public
comment has suggested incorporating the expertise of an Ecologist to assist
the design team as we move into the 60% phase and staff intends to explore
that possibility.
The proposed 30% design meets all but one of the six criteria established for
project advancement in the pre-design phase. The proposed 30% design is
unable to achieve a continuous shared-use path in at least one direction. In
order to accomplish this goal, additional minor impacts would occur to the
tree and ditch corridor, the existing street frontage on the west side of
Fowler from Huffine to Babcock, or the existing street frontage on east side
of Fowler from Durston to its current end point along the southern boundary
of the Fowler Place subdivision. The Transportation Advisory Board, in their
role recommending policy-level suggestions to the City Commission, strongly
encouraged Commission to consider achieving this goal as a priority during
their a Work Session held at their May meeting.
Public engagement to date for the 30% design phase has come in three
forms. A public meeting was held on May 8, 2024 during which an open
house format was provided for one on one conversation with participants
followed by a staff presentation and Q&A session for all who wished to
attend. A special presentation was then made to the Transportation
Advisory Board on May 22, 2024 during which public comment was sought
and received. Finally, staff hosted a walking tour of the corridor on June 12,
2024 during which participants were able to walk the publicly-accessible
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portions of the site and discuss the proposed 30% design.
Anticipated construction costs for the full Fowler Avenue Connection project
have been reduced from approximately $17.5m in the pre-design phase to a
current 30% design estimate of $13.9m. However, land costs have increased
substantially over that time as have the project's need for right of way in
order to avoid substantial impacts to the ditch and tree corridor. The
adopted FY25-29 Capital Improvement Plan has estimated approximately
$10.0m in anticipated right of way acquisition. Acquisition negotiations are
ongoing.
During this work session, Commission will be asked to provide policy
guidance around three conditions with inherent trade-offs:
continuous shared use path in at least one direction
connection of local streets
additional allocation of right of way
UNRESOLVED ISSUES:continuous shared use path in at least one direction
connection of local streets
additional allocation of right of way
ALTERNATIVES:As Suggested by the Commission.
FISCAL EFFECTS:Fiscal effects for the project have been identified in the FY25-29 Capital
Improvement Plan.
Report compiled on: June 3, 2024
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Grant # (issued by City Clerk)
Grant Name
Grant Project Manager Department
Person Responsible for Financial Reporting
Person Responsible for Performance Reporting & Close Out
*Note: this person is also reseponsible for record retention requirements.
Grant Source Federal State Other
CDFA # (Federal Only)Fiscal year of award
Grant Amount Included in Budget?
Match Requirement (%)Budget Account Code
Match Amount
Cost reimbursement basis? Select yes if the City needs to apply for reimbursement after expenditures occur.
Work with finance if unsure.New account codes and/or project codes required to track revenue and expenses?
Desctibe the requirements for grant reporting, reimbursements, and how they are completed (i.e. through a website? Email?):
Process Phase / Signature Matrix
City Clerk Commission Date
Notice of Intent
Application
Award/Contract
City Manager
City of BozemanGrant Routing Form
Department Director
(I understand and will carry out the provisions of the grant)
Finance Director
Grant Routing Form May 2023
Describe the nature of the grant and eligible uses:
2024-03
MT Historic Preservation Office Certified Local Government Grant
Sarah Rosenberg Community Development
Sarah Rosenberg
Sarah Rosenberg
15.904 2024
13,708.51 Yes
0.00%100-1660-411-50-99
$ 5,483.00
Yes
No
This is the annual MT Historic Preservation Certified Local Government grant program
allocation for 2024-2025 cycle. Uses: Maintain an active Historic Preservation Commission
(HPC); Participate in and carry out the responsibilities for CLG program status as outlined in
the MT CLG Manual; Ensure historic preservation concerns are considered at all levels of local
government planning and are incorporated as goals of other local, state, and federal projects;
Administer local preservation ordinances;Designate a minimum half-time designated Historic
Preservation Officer; Send at least one person from the CLG to a SHPO training; Research &
Develop policy goals for historic preservation and development of local landmark program.
Submit semi-annual progress reports, meeting minutes and financial reports per deadlines
outlined in agreement. A final progress report is due by 3/31/2025 sent via email to State CLG
coordinator.
n/a n/a n/a n/a n/a
no grant routing form completed no grant routing form completed no grant routing form completed no grant routing form completed 3/19/2024
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Amendment A. to Agreement Number: MT-24-012-(A) STATE OF MONTANA AGREEMENT
This is an amendment to agreement MT-24-012 made between City of Bozeman, 20 East Olive Street,
Bozeman, MT 59715, UEI No. EEAPKALAEM35 (the "Subgrantee") and the Montana State Historic Preservation Office (SHPO), Montana Historical Society (MHS), 225 North Roberts, PO Box 201202, Helena, Montana 59620-1202 (the "Grantor" or the “State”).The two parties, in consideration of mutual covenants and stipulations described in the agreement and below, agree to amend the agreement as follows:
The following amendment replaces the original language noted for the Sections 1 and 2 indicated: 1. EFFECTIVE DATE, DURATION, AND RENEWAL This Agreement shall take effect on April 1, 2024, and shall terminate on March 31, 2025, unless
a new termination date is set or the Agreement is terminated as provided in this Agreement.
Total payments by the Grantor for all purposes under this Agreement shall not exceed $13,708.51. In the event that the Grantor does not receive full funding from the National Park Service (NPS), the total grant award may be reduced, as outlined in “The Montana Certified Local Governments Manual.” Payment shall be made on a reimbursement basis by request of
Subgrantee to the Grantor.
2. SERVICES AND/OR SUPPLIES The Subgrantee shall:
1. Maintain an active Historic Preservation Commission (HPC) that will advocate for preservation,
assist the HPO to accomplish preservation goals, and fill vacancies on the HPC promptly. 2. Participate in and carry out the responsibilities for Certified Local Government program status as outlined in "The Montana Certified Local Government Manual.” 3. Ensure historic preservation concerns are considered at all levels of local government planning and
are incorporated as goals of other local, state, and federal projects.
4. Administer local preservation ordinances. 5. Designate a minimum half-time designated Historic Preservation Officer (HPO) who demonstrably plays an active and consistent role in the conduct of the Subgrantee’s historic preservation activities. On behalf of the Subgrantee it is the role of HPO to conduct these activities and/or work with the HPC to:
a. Regularly report on HPC activities at local government Commission meetings and be
available for comment to these groups and other local government offices; b. Provide technical assistance, direction, and/or literature on historic preservation tax credits, National Register, Federal regulations and Secretary of Interior Standards; c. Evaluate historic properties for potential and feasible reuse and rehabilitation;
d. Coordinate, promote and participate in events such as National Historic Preservation
Month and/or other preservation related activities; e. Cooperate and communicate with the Grantor and fellow HPO/HPCs in Montana and elsewhere as appropriate; and f. Submit semi-annual progress reports, meeting minutes and financial reports per deadlines
outlined in this agreement. In the Final Progress Report, the HPO will identify the benefits the local
government has derived as a result of the employment of a HPO, the needs of the local government for future professional preservation efforts, and any additional functions of the HPO carried out which further the understanding and implementation of historic preservation values and objectives in the local government.
6. Send at least one (1) person from the Certified Local Government to a State Historic Preservation
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Office (SHPO) - approved training. The attendee shall attend the entire training and report back to their Preservation Commission. 7. Research and develop policy goals and processes for the local historic preservation program and development of a local landmark program.
All work completed under this funding agreement must meet the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as interpreted by the Grantor. Final products or services that do not fulfill the requirements of this Agreement, and do not comply with the appropriate Secretary of the Interior's Standards, will not be reimbursed, and any advance payments made in connection
with such products or services must be repaid to the Grantor.
All other terms and conditions outlined in the Agreement and any modifications thereto remain unchanged. To express the parties' intent to be bound by the terms of this Amendment, they have executed this document
on the date set out below:
__________________
Terry Cunningham, Mayor Date
City of Bozeman __________________
Emily McKeever, Administrator Date
Montana Historical Society
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COB Grant #2024-03DocuSign Envelope ID: 4B947358-DC86-4732-B293-217B81286526111178
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