HomeMy WebLinkAbout10-02-25 - Community Development Board - Agendas & Packet MaterialsA. Call to Order - 6:00 pm
B. Disclosures
C. Changes to the Agenda
D. Approval of Minutes
D.1 Approval of Minutes.(Sagstetter)
E. Consent Items
E.1 SRX II Subsequent Minor Subdivision Preliminary Plat application to further subdivide 5 lots
in Minor Subdivision 494 to create 3 buildable lots, 1 restricted development lot, and road
right-of-way extensions. The subdivision is proposed on 35.06 acres and is zoned B-2M
THE COMMUNITY DEVELOPMENT BOARD OF BOZEMAN, MONTANA
CDB AGENDA
Monday, October 6, 2025
General information about the Community Development Board is available in our Laserfiche
repository.
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or by visiting the Public Comment Page prior to 12:00pm on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the Board or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items.
As always, the meeting will be streamed through the Commission's video page and available in the
City on cable channel 190.
For more information please contact Chris Saunders, csaunders@bozeman.net
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 346 248 7799
Access code: 954 6079 2484
Approve.
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(Community Business District Mixed) and REMU (Residential Emphasis Mixed use). Generally
located northeast of the corner of West Graf Street and South 19th Avenue, Application
24112 (Quasi-Judicial)(Garber)
E.2 Hidden Creek Minor Subdivision Preliminary Plat application to subdivide one lot into four
lots for civic and residential uses. The subdivision is proposed on a 9.82 acre tract and is
zoned R-4 (Residential High Density District). Currently addressed at 1221 West Durston
Road, the purpose of this subdivision application is to facilitate a future affordable housing
development on the northern portion of the County owned tract. Application 24533 (Quasi-
Judicial)(Garber)
F. Action Items
F.1 Bozeman Community Plan Technical Compliance Update Public Hearing to Consider an
Updated Text and Future Land Use Map for the Bozeman Community Plan to Conform to
State Law Changes and Update Data and Document References, Application
23333(Saunders)
G. Public Comments on Non-agenda Items Falling within the Purview and Jurisdiction of the Board
H. FYI/Discussions
H.1 Upcoming Items for the Oct 20, 2025, Community Development Board Meeting (Saunders)
I. Adjournment
Having reviewed and considered the submitted materials, public comment, and all information
presented, I hereby move to adopt the findings presented in the staff report and recommend the City
Commission approve the Bozeman Community Plan Technical Compliance Update document and map
with revisions as recommended by staff, application 23333.
This is the time to comment on any non-agenda matter falling within the scope of the Community
Development Board. 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 Community Development Board cannot take action on any item which does not
appear on the agenda. All persons addressing the Community Development Board shall speak in a
civil and courteous manner and members of the audience shall be respectful of others. Please
state your name, and state whether you are a resident of the city or a property owner within the
city in an audible tone of voice for the record and limit your comments to three minutes.
General public comments to the Board can be found in their Laserfiche repository folder.
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
City Board meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
2
Memorandum
REPORT TO:Community Development Board
FROM:Sam Sagstetter
SUBJECT:Approval of Minutes.
MEETING DATE:October 6, 2025
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Approve.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:None.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Approve with Corrections.
FISCAL EFFECTS:None.
Attachments:
090825 CDB Minutes.pdf
Report compiled on: September 30, 2025
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Bozeman Community Development Board Meeting Minutes, September 8, 2025
Page 1 of 5
THE COMMUNITY DEVELOPMENT BOARD MEETING OF BOZEMAN, MONTANA
MINUTES
SEPTEMBER 8, 2025
General information about the Community Development Board is available in our Laserfiche repository.
A) 00:04:09 Call to Order - 6:00 pm
Present: Jennifer Madgic, Ben Lloyd, Hap Happel, Chris Egnatz, Jason Delmue
Excused: Mark Egge, Courtney Johnson
B) 00:04:34 Disclosures
C) 00:04:42 Changes to the Agenda
D) Public Service Announcements
E) 00:05:02 Approval of Minutes
E.1 Approval of Minutes
081125 CDB Minutes.pdf
00:05:12 Motion to approve
Jennifer Madgic: Motion
Jason Delmue: 2nd
00:05:50 Vote on the Motion to approve The Motion carried 5 - 0.
Approve:
Jennifer Madgic
Ben Lloyd
Hap Happel
Chris Egnatz
Jason Delmue
4
Bozeman Community Development Board Meeting Minutes, September 8, 2025
Page 2 of 5
Disapprove:
None
F) 00:05:50 Consent Items
F.1 00:06:06 Parklands Amended Subdivision Preliminary Plat application to
subdivide one parcel zoned R-4 into a major subdivision for residential use. The
proposed subdivision includes 8 buildable lots on a total of 1.201 acres. The project is
proposed to be completed in one phase.
Generally located west of Village Downtown Boulevard, east of Audubon Way, and south of
Audubon Way. Application 25273 (Quasi-Judicial)
25273 Parklands Amended PP_CDB Staff Report_Final.pdf
00:09:45 Motion to approve 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 25273 and move for the Community Development Board in its capacity as the Planning
Board to recommend approval of the subdivision with conditions and subject to all applicable code
provisions.
Hap Happel: Motion
Jennifer Madgic: 2nd
00:10:14 Vote on the Motion to approve 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 25273 and move for the Community Development Board in its capacity as the
Planning Board to recommend approval of the subdivision with conditions and subject to all applicable
code provisions.
The Motion carried 5 - 0.
Approve:
Jennifer Madgic
Ben Lloyd
Hap Happel
Chris Egnatz
Jason Delmue
Disapprove:
None
00:07:45 Bailey Minnich provides comment
00:07:39 Member Egnatz speaks
G) 00:10:25 Special Presentations
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Bozeman Community Development Board Meeting Minutes, September 8, 2025
Page 3 of 5
H) 00:10:56 Action Items
H.1 00:10:58 Presentation of Population Projections and Housing Needs as part of the
Bozeman Community Plan technical update for compliance with the Montana Land Use
Planning Act.
Bozeman MT Pop and Housing Forecast_8-14-25.pdf
00:55:52 Natsuki Nakamura provides public comment
H.2 00:58:37 A text amendment to Replace Division 38.610 (Wetland Regulations)
Section 38.410.100 (Watercourse Setback) and Section 38.220.130 (Submittal Materials
for Regulated Activities in Wetlands), and amend Section 38.700.190 U Definitions, and
Section 38.700.220 W Definitions within Chapter 38 of the Bozeman Municipal Code,
Application 23309
Sept 8 2025 CDB Wetlands Watercourse Replacement Staff Report.pdf
Ordinance 2025-xxx Aug 28, 2025.pdf
02:25:09 Motion to approve Having reviewed and considered the staff report, draft ordinance, public
comment, and all information presented, I hereby adopt the findings presented in the staff report for
application 23309 and move to recommend approval of the proposed wetland and watercourse
amendments.
Chris Egnatz: Motion
Jason Delmue: 2nd
02:43:44 Vote on the Motion to approve Having reviewed and considered the staff report, draft
ordinance, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 23309 and move to recommend approval of the proposed wetland and
watercourse amendments. The Motion carried 5 - 0.
Approve:
Jennifer Madgic
Ben Lloyd
Hap Happel
Chris Egnatz
Jason Delmue
Disapprove:
None
02:34:42 Motion to amend ***Madgic makes an amendment to the motion to establish
specified setbacks for Isolated Wetlands the Board received from the Gallatin Watershed Council on
Greenfields in the City of Bozeman. The Board wishes for more research on the Greenfield setbacks.
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Bozeman Community Development Board Meeting Minutes, September 8, 2025
Page 4 of 5
Having reviewed and considered the staff report, draft ordinance, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application 23309 and move to
recommend approval of the proposed wetland and watercourse amendments.
Jennifer Madgic: Motion
Jason Delmue: 2nd
02:38:59 Vote on the Motion to amend ***Madgic makes an amendment to the motion to establish
specified setbacks for Isolated Wetlands the Board received from the Gallatin Watershed Council on
Greenfields in the City of Bozeman. The Board wishes for more research on the Greenfield setbacks.
Having reviewed and considered the staff report, draft ordinance, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application 23309 and move to
recommend approval of the proposed wetland and watercourse amendments. The Motion carried 3 - 2.
Approve:
Jennifer Madgic
Chris Egnatz
Jason Delmue
Disapprove:
Ben Lloyd
Hap Happel
02:23:25 Amy Trabella provides public comment
02:22:22 Daniel Cartie provides public comment
02:21:28 Frank Marchenk provides public comment
02:17:27 Elizabeth Bowers provides public comment
02:13:37 Kathryn Berry provides public comment
02:09:29 Lilly McClaine provides public comment
I) 02:44:21 Public Comments on Non-agenda Items Falling within the Purview and
Jurisdiction of the Board
J) 02:45:09 FYI/Discussions
J.1 02:46:13 Upcoming Items for the Sept 15th, 2025, Community Development
Board Meeting
J.2 02:48:21 Bozeman Community Plan Annual Implementation Report
2025 Annual Report.pdf
K) 02:50:13 Adjournment
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Bozeman Community Development Board Meeting Minutes, September 8, 2025
Page 5 of 5
This board generally meets the first and third Monday of the month from 6:00 pm to 8:00 pm.
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Memorandum
REPORT TO:Community Development Board
FROM:Danielle Garber, Senior Planner
Brian Krueger, Development Review Manager
Rebecca Harbage, Deputy Director of Community Development
Erin George, Director of Community Development
SUBJECT:SRX II Subsequent Minor Subdivision Preliminary Plat application to further
subdivide 5 lots in Minor Subdivision 494 to create 3 buildable lots, 1
restricted development lot, and road right-of-way extensions. The
subdivision is proposed on 35.06 acres and is zoned B-2M (Community
Business District Mixed) and REMU (Residential Emphasis Mixed use).
Generally located northeast of the corner of West Graf Street and South
19th Avenue, Application 24112 (Quasi-Judicial)
MEETING DATE:October 6, 2025
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 24112 and move for the Community
Development Board in its capacity as the Planning Board to recommend
approval of the subdivision with conditions and subject to all applicable code
provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
The Department of Community Development received a Preliminary Plat
Application on March 13, 2024 requesting to subdivide 35.06 acres to create
3 buildable lots, 1 restricted development lot, and associated right of way.
The subject property is zoned REMU (Residential Emphasis Mixed Use) and
B-2M (Community Business District - Mixed).
Proposed land uses for the subdivision are primarily commercial, mixed-use,
and multi-household residential (multi-family). Block 1 is intended for mixed
use and commercial development and is included in the phase 1 buildable
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lots south of Staudaher Street. Block 2 is intended for multi-family
residential and currently proposed as the Sage Peak and Alder affordable
housing project under Site Plan (SP) Application 24122, also called Alder
Ridge and Sage Peak in the submittal materials. Future phases in restricted
development lots to the north of phase 1 are currently proposed as
commercial mixed use, multi-household residential, and open space or
parkland. Development of lots within the subdivision will be subject to
Bozeman Municipal Code (BMC) provisions at the time of development for
REMU and B-2M Zoning.
Preapplication review was completed on March 8, 2024. BMC 38.220.060.A
requires documentation of compliance with adopted standards unless
waivers have been granted during the pre-application process. Two waivers
were granted during pre-application review for BMC 38.220.060.A.7 for
review of Agriculture, and BMC 38.220.060.A.17 for review of Miscellaneous
standards. All other supplemental information was provided by the applicant
for review with this preliminary application.
On August 8, 2025 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in the staff report. The subdivider did not
request any variances with this application. Please see the staff report for
analysis of the review criteria.
The City scheduled public notice for this application to begin on August 25,
2025. The applicant posted public notice on the subject property on August
22, 2025. The applicant sent public notice to all landowners of record within
200-feet of the subject property via first class mail, on August 21, 2025. No
public comment had been received on this application as of the writing of
this report. The public notice contained two public meeting dates Planning
Board at Community Development Board (CDB) on Monday September 15,
2025, and the City Commission decision on Tuesday October 7, 2025. Staff
was notified the week prior to the scheduled September 15, 2025 CDB
meeting that the meeting would be cancelled due to a lack of quorum. The
City Clerk published the cancellation notice on the September 15th agenda
notifying the public that all items noticed for September 15 will have their
meeting continued to October 6, 2025. Staff will update the City Commission
on October 7, 2025 if approval was not recommended and any public
comment that was provided prior to or at the CDB meeting.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 60 working
days from sufficiency, or by November 4, 2025.
Application materials can be found in the below links for the City's online
document repository:
10
Application Documents
Application Drawings
The application documents folder will contain the application narrative, the
traffic impact study, geotech and groundwater monitoring information,
surface water information and a wetlands delineation and report,
correspondence with agricultural water users, and environmental response
memos, as well as documentation to demonstrate compliance with Chapter
38 including compliance with adopted standards required in BMC
38.220.060 where waivers were not granted.
The application drawings folder will contain the draft plat, phasing exhibits,
proposed street plans and profiles, and proposed planting and irrigation
plans.
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by the Board
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of building permit issuance for individual buildings along with City
sewer and water connection fees.
Attachments:
24112 Staff Report.pdf
Report compiled on: October 1, 2025
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24112 SRX II Subdivision Page 1 of 36
24112 SRX II Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm.
City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm
Project Description: A preliminary plat application for a subsequent minor subdivision
requesting to further subdivide 5 lots in Minor Subdivision 494. The subdivision
proposes to create 3 buildable lots, 1 restricted development lot, and road right-of-way
extensions. The subdivision is proposed on 35.06 acres and is zoned B-2M and REMU.
Project Location: Lots 1-4, Block 1 of Minor Subdivision No. 494, Located in the Northwest
Quarter of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman,
Gallatin County, Montana. Addresses TBD, northeast of the corner of West Graf Street
and South 19th Avenue
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 24112 and move for the Community
Development Board in its capacity as the Planning Board to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 24112 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: September 29, 2025
Staff Contact: Danielle Garber, Senior Planner
Simon Lindley, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive for Application 24112
and may be accessed through the Community Development viewer.
Unresolved Issues.
There are no unresolved issues with this application.
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24112 Staff Report for SRX II Subdivision Page 2 of 36
Project Summary
The Department of Community Development received a Preliminary Plat Application on March
13, 2024 requesting to subdivide 35.06 acres to create 3 buildable lots, 1 restricted development
lot, and associated right of way. The subject property is zoned REMU (Residential Emphasis
Mixed Use) and B-2M (Community Business District - Mixed).
Proposed land uses for the subdivision are primarily commercial, mixed-use, and multi-
household residential (multi-family). Exhibit 7 below shows proposed uses over the entire
subdivision. Block 1 is intended for mixed use and commercial development and is included in
the phase 1 buildable lots south of Staudaher Street. Block 2 is intended for multi-family
residential and currently proposed as the Sage Peak and Alder affordable housing project under
Site Plan (SP) Application 24122, also called Alder Ridge and Sage Peak in the submittal
materials. Future phases in restricted development lots to the north of phase 1 are currently
proposed as commercial mixed use, multi-household residential, and open space or parkland.
Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC)
provisions at the time of development for REMU and B-2M Zoning.
No city parks are currently proposed within the proposed subdivision. Future parkland may be
dedicated at the northeast corner of the site to facilitate wetlands preservation if proposed at the
time of subdivision for the restricted lot and acceptable to the Parks Department. A cash-in-leu of
parkland (CILP) request is outlined in the application narrative under Document 001. Directly to
the north of the subject property is a dedicated public park called Southwood Park, that was
platted as a part of the South University District Phase 3 subdivision. As a part of the CILP
request, phase 1 infrastructure improvements include a direct trail connection from the Block 2
residential development (SP 24122) along the future South 15th Avenue dedication to Southwood
Park.
Three local streets are proposed within phase 1 of the subdivision. Extensions of South 17th
Avenue and South 15th Avenue north from Graf Street, and a leg of Staudaher Street connecting
South 19th Avenue to South 15th Avenue. Jarrett Subdivision, under Application 23072, is an
approved preliminary plat to the east of the subject property. With this approval, Staudaher street
is proposed to connect through from South 13th Avenue to South 11th Avenue. A public street
and utility easement exists for the leg of Staudaher Street from South 15th Avenue to South
13thAvenue and this street will be constructed with a future phase of the Allison Subdivision.
The northwest corner of this subdivision, immediately adjacent to the subject property and
Southwood Park is proposed as a public park in future phases. However, it is important to note
that this subdivision has not yet received final plat approval, and a different development
proposal may eventually be submitted with a different proposed street alignment and park
location that will be evaluated at the time of submittal. South 15th and South 17th Avenues are
proposed to connect north through the proposed restricted lot to Arnold Street with future phases
of this subdivision.
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24112 Staff Report for SRX II Subdivision Page 3 of 36
The applicant has requested concurrent construction. All improvements must be installed prior to
the issuance of a building permit for any lot within a subdivision, except when concurrent
construction is an identified purpose of the initial project review and approved pursuant to the
criteria established in subsection D of BMC 38.270.030. Subsection D allows lots subject to site
plan review to commence with vertical construction prior to installation of required infrastructure
with concurrent construction approval. A concurrent construction request for construction of
infrastructure and vertical construction of Site Plan 24122 is located in the application under
Document 013 – Appendix L – Concurrent Construction Letter. This concurrent construction
plan has been approved by the Fire Department and found to be sufficient following review from
Planning and Engineering staff. Final infrastructure review and approval and code provisions
related to concurrent construction of infrastructure are located in Section 4 below. A phasing
exhibit under Drawing 004 shows proposed infrastructure and the location of Block 1, Block 2,
and Restricted Lot 1.
A jurisdictional water course and associated jurisdictional wetland, as determined by the Army
Corps of Engineers, are present on the subject property. These are associated with the Middle
Creek Ditch containing Mandeville Creek that runs along the west side of the property next to
19th Avenue, and a wetland area in the center of the property identified formally as W-A or
Wetland A in the jurisdictional determination contained in Document 047 and Document 047.1.
Additional surface water present on the subject property includes an eastern channel of Middle
Creek Ditch, located in the South 15th Avenue future right-of-way that was determined to be
non-jurisdictional, and an existing stormwater pond just to the north of the existing roundabout
on Graf Street for South 15th Avenue. A jurisdiction determination means that a Department of
the Army 404 permit and approved mitigation plan for impacted areas of the wetland is required
prior to commencement of construction activities. Page 8 of Document 044.01 contains an
exhibit and calculation of impacted watercourse and wetland areas. To facilitate construction of
infrastructure required to serve the subdivision 0.48 acres or 21,122 square feet of wetland area
and 0.01 acres or 374 square feet of waterway are proposed to be impacted by the proposed
subdivision. All impacts are proposed to allow construction of Staudaher Street and South 17th
Avenue and a portion are located on the future developable Lot 2, Block 2. A majority of
Wetland A is located in Restricted Lot 1 and subject to further subdivision review prior to
development. Proposed impacts including the northern extension of South 17th Avenue to Arnold
Street will be evaluated at the time of application. The eastern channel of Middle Creek Ditch,
also referred to as the “Drain Ditch” has been abandoned by the Middle Creek Ditch Company
(MCDC). A letter from the president of MCDC was provided under Document 046.1, and a
recorded extinguishment of the ditch easement was provided under Document 046. Agricultural
water users and rights remain for Mandeville Creek along the west side of the property along
South 19th Avenue. Pursuant to Sec. 38.410.060.D BMC, written approval must be obtained from
the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the
intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. Further
analysis of the is located below in the staff analysis section for Surface Water.
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24112 Staff Report for SRX II Subdivision Page 4 of 36
On August 8, 2025 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider did not request any variances with this application. Two waivers were granted
during pre-application review for BMC 38.220.060.A.7 for review of Agriculture, and BMC
38.220.060.A.17 for review of Miscellaneous standards.
The City did not receive any written public comment on the application as of the writing of this
report.
The final decision for this preliminary plat must be made by November 4, 2025 or 60 working
days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt
subdivisions.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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24112 Staff Report for SRX II Subdivision Page 5 of 36
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues. .............................................................................................................. 1
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 12
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 13
SECTION 4 – CODE REQUIREMENTS .................................................................................... 13
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 19
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 19
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 20
Documentation of compliance with adopted standards 38.220.060 ................................. 25
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 30
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 35
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 35
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 35
FISCAL EFFECTS ....................................................................................................................... 36
ATTACHMENTS ......................................................................................................................... 36
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24112 Staff Report for SRX II Subdivision Page 6 of 36
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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24112 Staff Report for SRX II Subdivision Page 7 of 36
Exhibit 2 – Future Land Use Map
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24112 SRX II Subdivision Page 8 of 36
Exhibit 3 – Phase 1 Preliminary Plat (see all sheets in file)
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24112 Staff Report for SRX II Subdivision Page 9 of 36
Exhibit 4 – Phasing Exhibit – Phase 1 (see all sheets in file)
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24112 SRX II Subdivision Page 10 of 36
Exhibit 5 – Landscaping Plan West
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24112 Staff Report for SRX II Subdivision Page 11 of 36
Exhibit 6 – Landscaping Plan East
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24112 Staff Report for SRX II Subdivision Page 12 of 36
Exhibit 7 – Land Use Plan
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24112 Staff Report for SRX II Subdivision Page 13 of 36
SECTION 2 – REQUESTED VARIANCES
No variances are requested with this application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include one (1) signed reproducible copy on a
3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk &
Recorders office has elected to continue the existing medium requirements of 1 mylar
with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder
will file the new Conditions of Approval sheet as the last same sized mylar sheet in the
plat set
2. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,
etc. in the submittal.
3. The subject property is located within the Meadow Creek Subdivision Signal, Water and
Sewer payback district boundaries. If the subject property did not participate in the
original cost of construction of improvements, or previously pay the payback fees, the
subject property will be accessed the payback charges prior to final plat approval.
Reference document:
https://weblink.bozeman.net/weblink/0/doc/181718/Electronic.aspx
https://weblink.bozeman.net/weblink/0/doc/181719/Electronic.aspx
https://weblink.bozeman.net/weblink/0/doc/129437/Electronic.aspx
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
2. Sec. 38.100.050 & Sec. 38.100.070 – General Provisions. Prior to final plat approval,
the applicant must provide and file with the County Clerk and Recorder's office new
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24112 Staff Report for SRX II Subdivision Page 14 of 36
executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs)
on City standard form for the following:
a. Street improvements to S 19th Avenue between Graf Street and Stucky Road
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to S 15th between Graf Street and Arnold Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
c. Street improvements to Arnold Street between S 19th Avenue and S 11th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
d. Street improvements to S 17th between Graf Street and Arnold Street including
lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at S 19th and Graf Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
f. Intersection improvements at S 19th Avenue and Stucky Road including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
g. Intersection improvements at S 19th Avenue and Kagy Boulevard including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the new filed SID waiver prior to final plat approval.
3. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required
permits must be obtained by the applicant and provided to the Community Development
Department prior to construction and/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. Sec. 38.220.060.A.1 – Surface Water. The following code provisions must be addressed
during the infrastructure review.
a. Sec. 38.220.130.A.3.a.3 & 38.610.090.A.9 - Pervious fill materials must be
utilized for the subdivision roadway base sections, where feasible, to assure that
all reasonable efforts have been made to reduce impacts to the wetland
hydroperiod. The applicant must provide more detailed plans for the proposed
stormwater ponds, including the outfall. The design elements for the roadway
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base sections and stormwater ponds must be reviewed and approved by the
Engineering Department as part of the public infrastructure plan set.
b. Sec. 38.220.130.A.3.c & BMC 38.610.090.A.10 - The applicant must install
signage during phase 1 construction stating the area within phase 2 is a wetland
and is not to be disturbed or filled. The construction plan must be reviewed and
approved by the Engineering Department as part of the public infrastructure plan
set.
c. Sec. 38.220.130.A.2.b - The applicant must provide a construction plan to remove
the soil stockpiles from the restricted lot and plant native grass species during
phase 1. The design elements must be reviewed and approved by the City of
Bozeman as part of the public infrastructure plan set.
5. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of
understanding must be entered into by the weed control district and the developer. The
memorandum of understanding must be signed by the district and the developer prior to
final plat approval, and a copy of the signed document must be submitted to the
community development department with the application for final plat approval.
6. Sec. 38.220.070.A.8. – Conditions of Approval Sheet. A sheet(s) of the plat depicting
conformance with subdivision application approval must be submitted as set forth in
24.183.1107 ARM as may be amended and as required by the county clerk and recorder,
and must include the following:
a. The Conditions of Approval Sheet shall contain the following, "This is a known
area of high groundwater. 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 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 into streets, such as into the curb and gutter where they create a
safety hazard for pedestrians and vehicles."
b. List all easements and recorded document numbers on the Conditions of Approval
Sheet, including existing easements and recorded documents and spaces to write
in proposed easements and recorded documents.
c. The Conditions of Approval Sheet shall contain the following, "The maintenance
of all storm water facilities outside the public right-of-way is the responsibility of
the property owners’ association (POA)."
7. Sec. 38.220.310, and 320. Property Owners’ Association. Final Property owners’
association (POA) documents including covenants must be provided with the final plat
prior to being finalized and recorded. The POA documents must include the requirements
of BMC 38.220.300, 310, and 320 where applicable.
8. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the
certificates on the final plat must follow the language in the corresponding certificates in
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this code section. In addition to any other applicable certificates contained in these code
sections the final plat must contain:
a. Sec. 38.240.450.A – Certificate of Completion of Public Improvements. 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.
b. Sec. 38.240.530 – Certificate of Water Related Improvements. Any well,
including equipment and associated permitting, used for public irrigation must be
transferred to the City or POA as applicable. A certificate of water related
improvements is required per Section 38.240.530. Any financially guaranteed
water related improvements agreements must include a warranty of workmanship.
9. Sec. 38.270.030.B & Sec. 38.270.030.D – Concurrent Construction. All improvements
must be installed prior to the issuance of a building permit for any lot within a
subdivision, except when concurrent construction is an identified purpose of the initial
project review and approved pursuant to the criteria established in subsection D of this
section. Concurrent construction approval is required prior to final plat approval.
a. Sec. 38.270.030.D.2 - The property owner must enter into an improvements
agreement to ensure the installation of required infrastructure and other applicable
improvements, to be secured by any security or securities found in section
38.270.080. If a financial security is used, the amount will be determined by the
city and in an amount not less than 150 percent of the cost of the improvements
verified against city publicly bid unit prices, where such are available. If no
publicly bid unit prices are available, any cost estimate acceptable to the city may
be used. The security must be in the name of the city and must be at least six
months longer than the time of performance required by the improvements
agreement.
b. Sec. 38.270.030.D.4 - Approval of the final engineering design, including location
and grade, for any public infrastructure must be obtained from the engineering
department, and the Montana Department of Environmental Quality when
applicable, prior to issuance of any building permit for the development
c. Sec. 38.270.030.D.6 - The developer must provide and maintain hazard and
commercial general liability insurance. Insurance policies must not be cancelled
without at least 45 days prior notice to the city. The commercial general liability
policy must name the city as an additional insured. The developer must furnish
evidence, satisfactory to the city, of all such policies and the effective dates
thereof.
d. Sec. 38.270.030.D.11 - The developer must execute a hold harmless and
indemnification agreement indemnifying, defending and holding harmless the
city, its employees, agents and assigns from and against any and all liabilities,
loss, claims, causes of action, judgments and damages resulting from or arising
out of the issuance of a building permit under this section.
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10. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by
Developer and Property Owners’ Association.
a. The subdivisions stormwater maintenance plan must clearly state the following
condition. "The property owners association (Insert Final Property Owners
Association Name as recorded in the CC&Rs) shall be responsible for the
maintenance of all permanent and temporary stormwater management facilities
located outside of the public right-of-way." The approved stormwater plan must
be incorporated into the property owners’ association documents and a copy of
the documents demonstrating the inclusion of the stormwater maintenance plan
must be provided prior to final plat approval.
11. Sec. 38.360.280 – Agricultural water user facilities. Alterations to agricultural water
user facilities must be approved by all owners of the facility as required under MCA 70-
17-112. Documentation of the approval must be provided for the alterations of the
agricultural water user facilities prior to City infrastructure approval. Additionally, with
the infrastructure submittal please identify the party responsible for the maintenance of
the culvert and provide a maintenance plan for the pipe. If an entity other than the
Owner/POA will be responsible, written approval for the design and maintenance plan
must be provided prior to scheduling of the pre-construction conference.
12. Sec. 38.400.040.A.2 – Street Names. 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.
13. Sec. 38.400.060.B.4 – Street Improvement Standards. The proposed project is located
within one-half mile of the intersection of South 19th Avenue and Stucky Road. The
SRX II Subdivision Traffic Impact Study indicates the subject intersection will not meet
the City's level of service standard at full buildout in the design year required per BMC
38.400.060.B.4. The intersection of South 19th Avenue and Stucky Road is scheduled for
improvement in the City's Capital Improvement Plan within the next three years. Per
BMC 38.270.070.C, the applicant must pay cash-in-lieu for the SRX II proportional share
of the capital facility prior to Final Plat approval.
14. Sec. 38.400.090.G – Access. A 1 foot "No Access" strip shall be placed along the Graf
Street frontage for the full length of the development, with the exception for the South
17th Avenue connection at the roundabout. A 1 foot "No Access" strip shall be placed
along the South 19th Avenue frontage for the full length of the development, with the
exception for the Staudaher connection.
15. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant
must widen the existing sidewalk to a 10-foot shared use path along West Graf Street
adjacent to the development with the initial phase. The applicant must widen the existing
sidewalk to a 10-foot shared use path along S 19th from West Graf Street to Staudaher
Street with the initial phase.
16. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting
district (SILD) information shall be submitted to the City and the district formed after
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preliminary plat approval in hard copy and digital form in accordance with the City of
Bozeman Lighting and Electrical Specifications. Any final plat application will not be
deemed complete until the resolution to create the SILD has been approved by the City
Commission. The approval to create or annex to an existing SILD must be granted prior
to Final Plat Approval.
17. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city
standard easements templates. Drafts must be prepared for review and approval by the
city. Signed hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard templates.
a. The final plat must provide all necessary utility easements, including temporary
easements, and they must be described, dimensioned and shown on each
subdivision block of the final plat in their true and correct location.
b. Alterations to agricultural water user facilities must be approved by all owners of
the facility. Additional placement of private infrastructure within the public right-
of-way must be approved by the City Engineer. Written approval from the Middle
Creek Ditch Company (MCDC) must be provided prior to City infrastructure
approval for the alteration, including installation of culverts, of the MCDC
facilities located in existing or proposed public ROW or easement.
c. All roads on the preliminary plat showing as future right of way must be
dedicated as easements and must be reviewed, approved, executed by applicable
owners, and the City Commission, and filed with the County Clerk and Recorders
office prior to phase 1 final plat approval.
18. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural
water user easement meeting the requirement of 38.410.060.D.1. must be dedicated for
the sections of the Middle Creek Ditch Company facilities located on the property prior
final plat approval and notice stating that the easements are subject to the requirements of
Section 70-17-112, MCA restricting interference with canal or ditch easements and that
irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties
and liability, per 38.410.060.D.6. The notice must include language to assure the duties
are binding upon all successors in interest and remain in effect until such time that the
agricultural water user facility is abandoned in accordance with the requirements of
Montana Law or alternative requirements are agreed to in writing by all applicable
parties. The easements must be prepared as documents separate from the final plat but
may be referenced on a final plat.
a. Sec. 38.410.060.D BMC, written approval must be obtained from the Middle
Creek Ditch Company to pipe the existing ditch within the right of way at the
intersection of Staudaher Street and South 19th Avenue prior to infrastructure
approval.
b. In consideration of comments received from the Middle Creek Ditch Company,
letter dated August 9th, 2024 in response to notice provided to the company from
the developer per Sec. 38.360.280 BMC, to pipe the existing ditch within the right
of way of S. 19th Ave final written approval must be obtained from middle creek
ditch company, as required under MCA 70-17-112, prior to infrastructural
approval.
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19. Sec. 38.410.130 - Water Adequacy. The City Water adequacy code must be satisfied at
the final plat approval. The applicant has indicated an intention to either transfer water
rights or pay cash-in-lieu of water rights (CILWR) to satisfy the code. The water
adequacy determination must be finalized and either the water rights transfer and/or
payment of CILWR completed occur prior to approval. The applicant is encouraged to
reach out to City staff prior to submitting the final plan application with the water rights
intended for transfer. If, however, the applicant wishes to defer for commercial/multi-
family lots until future development, a note must be included on the plat to notify future
owners of the restriction pursuant to 38.410.130.C and be approved by Staff prior to final
plat approval.
20. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of
land dedication. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash-
in-lieu value established at time of final plat approval. The applicant must update the
parkland tracking table to reflect the appraisal value in effect at the time of final plat
application.
21. Sec. 38.420.110 – Recreation Pathways. The proposed recreation pathway connecting
Block 2 to the Southwood Park is required to be installed prior to final plat approval. This
path may be financially guaranteed as a part of the concurrent construction plan and
infrastructure review.
22. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of
initial development install landscaping, boulevard trees and an irrigation system in city
rights-of-way boulevard strips and medians along all collector or arterial streets and all
streets adjacent to parks or open space areas prior to final plat approval. Prior to installing
landscaping in these areas, the developer must submit a landscaping and irrigation plan to
the city for review and approval. The landscape and irrigation plan must be prepared by a
qualified landscaping professional meeting the requirements of this division 38.550.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on August 8, 2025.
Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm.
City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
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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. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public hearings were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request. Review of this subdivision was conducted under
the terms of 76-3-616 MCA as authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on March
13, 2024. 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.
A revised application was received on April 8, 2024, August 16, 2024, November 6, 2024, April
23, 2025, and June 20, 2025. With each submittal, the DRC determined the application was still
not sufficient for continued review.
A revised application was received on July 18, 2025. The DRC determined the application was
adequate for continued review August 8, 2025 and recommended conditions of approval and the
code corrections for the staff report.
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The applicant posted public notice on the subject property on August 22, 2025. The applicant
sent public notice to all landowners of record within 200-feet of the subject property via first
class mail, on August 21, 2025. No public comment had been received on this application as of
the writing of this report.
September 29, 2025 a major subdivision staff report for a subsequent minor subdivision was
completed and forwarded with a recommendation of conditional approval for consideration to the
Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy (DSSP) and the City of
Bozeman Modifications to Montana Public Works Standard Specifications.
Water/sewer – Document 019 contains the preliminary design report for water systems
improvements in the proposed subdivision, stamped by a professional engineer licensed in the
State of Montana. This report was reviewed by the Engineering Division for compliance with
state and local Public Works Standard Specifications, the City’s design standards, the City of
Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to
meet with code provisions the City’s review requirements.
The proposed design will tie into a single existing water main in South 19th Avenue and Graf
Street, to create a looped distribution system within the development. With future phases a main
planned for West Arnold Street will be stubbed into the development, and proposed mains at the
intersections of South 15th Avenue and Staudaher Street and South 17th Avenue and Staudaher
Street will be stubbed for a connection to the north. The water design report contains an analysis
for expected water demand for these water main extensions. Per the design report, “there is
adequate volume and pressure to supply domestic and fire service for all buildings in the
proposed development.” Final plans and specifications will be prepared and reviewed after
action on the preliminary plat.
Document 018 contains the preliminary design report for wastewater systems in the proposed
subdivision and is stamped by a professional engineer licensed in the state of Montana. This
report was reviewed by the Engineering Division for compliance with state and local Public
Works Standard Specifications, the City’s design standards, and the City of Bozeman
Wastewater Facility Plan. Per the report “The flows from SRX-II Phase 1 will generally flow to
the north to a 10-inch main along Staudaher and convey west to S 19th Avenue connecting to an
18-inch main.” With future development of the restricted lot an 8-inch sewer main is proposed to
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connect to a sewer main within Arnold Street. The wastewater design report contains an analysis
for expected average daily demand created by future development on the subject property based
on zoning density. Per the report “The property is within the wastewater planning boundary for
the City of Bozeman as described in the 2015 City of Bozeman Wastewater Collection System
Facilities Plan.” The existing downstream sewer infrastructure in South 19th Avenue “can handle
the increase in flows based on information in the 2015 City of Bozeman Wastewater Collection
Facilities Plan Update.” A distribution map and analysis of future downstream pipe upgrades in
the long term was provided and it was determined that “All the pipes that require long term
upgrades have adequate capacity for this development.”
Code provision 19 requires the applicant offset estimated water demand prior to final plat
approval per subsection D of BMC 38.410.130. Per this section, the application may either
transfer water rights into city ownership that are appurtenant to the land being developed or as
acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the
most recent City Commission resolution, or a combination of both. If insufficient water rights
exist, the Landowner must pay cash in lieu of water rights, in any amount determined by the
Director of Utilities, prior to development.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provisions 17 and 18 require that all easements, existing and proposed, must be
accurately depicted and addressed on the final plat and in the final plat application. Public utilities
will be located within dedicated street right of ways. The applicant must submit for review and
approval all easements, which designate space for public or private utilities that are not in the
designated public right of way. Additional required easements include public drainage easements
for all stormwater facilities located on private property, and an agricultural water user’s easement
to ensure maintenance access for all downstream agricultural water users. All easements must be
provided using the City’s standard language. Ten-foot front yard utility easements are depicted on
the preliminary plat and are proposed to be granted with the final plat in accordance with standards.
An existing 10-foot public sidewalk easement provides the necessary right-of-way for the public
to utilize the proposed shared use path along 19th Avenue. Copies of additional existing easements
are required to be provided with the final plat application.
Parks – The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu
of parkland (CILP) payment to the city. No parkland dedication is proposed with this subsequent
minor subdivision. The parkland requirements will only apply to Phase 1 Block 2 zoned REMU
and proposed for residential development. Phase 1 Block 1 is zoned B-2M and allows a mixture
and variety of residential and commercial uses but is not required to develop with residential
uses. If residential uses are proposed within Phase 1 Block 1, park and recreation requirements
will be evaluated at the time of application for site development. Commission Resolution No.
4784 provides criteria for evaluation of CILP proposals. Those are the travel distance to an
existing park being within 0.50 miles, the acceptance of CIL enables accomplishment of other
city priorities, and it is the expressed preference of the developer. The applicant has provided a
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schematic drawing under Document 042 showing the location of all nearby parkland and travel
paths. Southwood Park is directly to the North and the most readily accessible from the Block 2
development. In lieu of a sidewalk or street connection, since N. 15th Avenue and Arnold Street
are not yet developed, phase 1 infrastructure improvements include a direct trail connection from
the Block 2 residential development (SP 24122) along the future South 15th Avenue dedication to
Southwood Park. Depending on seasonality, this improvement may be financially guaranteed
with the final plat application.
The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu of
parkland dedication payment. Park and Recreation requirements using a net residential land area
of 7.11 acres and maximum dedication of 12 dwelling units per acre (8 du as land dedication and
4 du as CILP) result in an initial requirement of 1.71 acres of land dedication with an additional
0.85 acres of land equivalent as cash-in-lieu. The applicant proposes 1.71 acres of adjusted land
dedication equivalent as cash-in-lieu for a total of 2.56 acres of cash-in-lieu of parkland
dedication.
There are code provisions related to parkland, listed as code provisions 20 and 21. Code
provision 20 requires the applicant to update the cash-in-lieu of parkland dedication (CILP)
value accordingly at final plat application. This provision ensures the CILP value is based on the
most recent up to date evaluation. Code provision 21 requires the applicant to construct the
direct trail connection from the Block 2 residential development (SP 24122) along the future
South 15th Avenue street dedication to Southwood Park prior to final plat approval. This
provision ensures that future residents will have sufficient pedestrian access to nearby park and
recreation facilities until full buildout of subdivision infrastructure with phase 2 is completed.
Stormwater – A preliminary stormwater design report was prepared by a professional engineer
with Morrison Maierle and is located under application Document 017. This report was reviewed
by the Engineering Division for compliance with state and local Public Works Standards and
Specifications, the City’s design standards, and the Bozeman Municipal Code. The subdivision
will construct stormwater control facilities to conform to municipal code and design standards.
Per the report “Stormwater will generally be conveyed using storm drain mains to ponds …”
Changes to existing drainage conditions are proposed including relocating a remnant ditch
adjacent to South 15th Avenue in to the “24” storm conveyance within the 15th Street ROW.” The
existing temporary drainage pond located north of the roundabout on W Graf Street receives
runoff from Graf Street and the subdivision to the south. “This pond will be filled in and the
volume will be relocated to a temporary retention pond created northwest of the intersection
of South 17th Avenue and Staudaher Street, eventually conveyed to a permanent basin along the
northern boundary of the property.” Another temporary retention pond is proposed northwest of
the intersection of Staudaher Street and South 15th Avenue.
Code provision 10 details required development or maintenance of common areas and facilities
to be maintained by the property owners’ association. 10a requires the property owners’
association to maintain all stormwater facilities outside of the public right-of-way and
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incorporate a maintenance plan into the association documents prior to final plat approval. This
will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is
developed and occupied.
Agricultural water user facility – The applicant provided documentation of downstream
agricultural water users and notification, in accordance with BMC 38.360.280, was provided to
those users with this preliminary plat application. There is one surface water facility, which is
classified as both a natural stream and a ditch used to convey water for agricultural uses, or a
“stream-ditch,” that cross the subject property. The Mandeville Creek/Ditch is an irrigation ditch
along the western side off the proposed subdivision and is the primary facility to be impacted
with this application that is linked to agricultural water use, due to the development of Phase 1
and the required connection of Staudaher Street to South 19th Avenue. The facility along the
eastern edge of the development, known as eastern channel of Middle Creek Ditch, also referred
to as the “Drain Ditch” has been abandoned by the Middle Creek Ditch Company (MCDC). A
letter from the president of MCDC was provided under Document 046.1, and a recorded
extinguishment of the ditch easement was provided under Document 046. Agricultural water
users and rights remain for Mandeville Creek along the west side of the property along South
19th Avenue. Pursuant to Sec. 38.410.060.D BMC, written approval must be obtained from the
Middle Creek Ditch Company to pipe the existing ditch within the right of way at the
intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval. This
requirement is outlined under code provision 11.
An agricultural water user’s easement must be provided per code provision 18. The easements
must be prepared as documents separate from the final plat but may be referenced on the final
plat. Per code provision 18a and 18b, Alterations to agricultural water user facilities must be
approved by all owners of the facility as required under MCA 70-17-112. Documentation of the
approval must be provided for the alterations of the agricultural water user facilities prior to City
infrastructure approval. Additionally, with the infrastructure submittal the applicant must identify
the party responsible for the maintenance of the culvert and provide a maintenance plan for the
pipe. If an entity other than the Owner/POA will be responsible, written approval for the design
and maintenance plan must be provided prior to scheduling of the pre-construction conference
for infrastructure improvements. These code provisions are required to ensure that downstream
agricultural water users are not impacted, and appropriate access for maintenance is provided per
state law.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary addresses will be provided to enable 911 response
to individual parcels prior to recording of the final plat. For lots subject to site plan review,
addressing will be provided following the plan review process, and are dependent on the design
and arrangement of buildings. Fire protection standards require installation of fire hydrants at
designated spacing to ensure adequate protection.
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5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement 17 requires that all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. Public utilities are generally
located within dedicated street and alley right of ways. Easements for future roadways within
restricted lot areas are required prior to final plat approval.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All the
proposed lots in phase 1 will have frontage on public streets. Code provision 14 requires a 1’ no
access strip along South 19th Avenue and West Graf Street except where road intersections are
proposed. Access to Block 1 and Block 2 will be achieved from South 15th Avenue, South 17th
Avenue, and Staudaher Street once constructed.
Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on March 8, 2024 and no variances were requested. Two waivers were granted during
pre-application review for BMC 38.220.060.A.7 for review of Agriculture, and BMC
38.220.060.A.17 for review of Miscellaneous standards.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
A jurisdictional water course and associated jurisdictional wetland, as determined by the Army
Corps of Engineers, are present on the subject property. These are associated with the Middle
Creek Ditch containing Mandeville Creek that runs along the west side of the property next to
South 19th Avenue, and a wetland area in the center of the property identified formally as W-A
or Wetland A in the jurisdictional determination contained in Document 047 and Document
047.1. Additional surface water present on the subject property includes an eastern channel of
Middle Creek Ditch, located in the South 15th Avenue future right-of-way that was determined to
be non-jurisdictional, and an existing stormwater pond just to the north of the existing
roundabout on Graf Street. Additional analysis of the agricultural water user facilities and
stormwater systems is located in subsection 4 above. A jurisdiction determination means that a
Department of the Army 404 permit and approved mitigation plan for impacted areas of the
wetland is required prior to commencement of construction activities. Page 8 of Document
044.01 contains an exhibit and calculation of impacted watercourse and wetland areas. To
facilitate construction of infrastructure required to serve the subdivision 0.48 acres or 21,122
square feet of wetland area and 0.01 acres or 374 square feet of waterway are proposed to be
impacted by the proposed subdivision. All impacts are proposed to allow construction of
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24112 Staff Report for SRX II Subdivision Page 26 of 36
Staudaher Street and South 17th Avenue, and a portion are located on the future developable Lot
2, Block 2. A majority of Wetland A is located in Restricted Lot 1 and subject to further
subdivision review prior to development. Proposed impacts, including the northern extension of
South 17th Avenue to Arnold Street through the restricted lot with Phase 2, will be evaluated at
the time of subdivision application for phase 2. Per Document 044.01 “The proposed fill of 0.49
acres within the 4.94-acre PEM wetland will result in a measurable loss of wetland area
and function. To offset this loss, the USACE determined that 0.23 functional wetland credits
must be purchased.”
The City’s wetland consultant, Naiad Aquatic Consultants, LLC, provided scientific review of
the applicant’s wetland delineation (Document 045) and associated response letters. Overall
Naiad provided review of the initial wetland delineation and provided corrections on April 28,
2024. Three subsequent submittals were provided by the applicant and reviewed by Naiad. A
final letter from Naiad was provided to the city and the applicants on July 18, 2025. This letter
identifies ongoing protection measures to reduce impacts to the wetland hydroperiod, manage
construction, and remove existing soil stockpiles from within the wetland area. These
requirements are outlined in code provision 4 under Surface Water and required with the
infrastructure plan set. Code provision 3 requires the applicant to contact the Gallatin County
Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of
Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity
exemption, etc.). Any required permits must be obtained by the applicant and provided to the
Community Development Department prior to construction and/or final plat approval whichever
is sooner. As outlined in the Ag. Water findings above written approval must be obtained from
the Middle Creek Ditch Company to pipe the existing ditch within the right of way at the
intersection of Staudaher Street and South 19th Avenue prior to infrastructure approval.
38.220.060.A.2 - Floodplains
No floodplains are located on the subject property and no flood hazard evaluation was required
by reviewing staff.
38.220.060.A.3 - Groundwater
A groundwater investigation was completed May 2023 to September 2023 by Morrison Maierle
and provided in the application documents under Document 016. 13 groundwater monitoring
wells were recorded on the dates indicated in the report This report was evaluated by the
Engineering Division against code requirements in Chapter 38 and engineering design manuals
and was found to meet standards.
Groundwater levels beneath the proposed subdivision experience seasonal variations but are
generally relatively high. The groundwater levels onsite range between approximately 1 and 5
feet below existing grade based on well monitoring performed from May 2023 to September of
2023 and was highest during the spring runoff season. Storm treatment structures for the
subdivision were designed with bottom elevations above the seasonal high ground water level to
ensure they will drain as required. Code provision 6 describes the restrictions on crawl spaces,
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basements and sump pumps. These restrictions are required to be provided on the conditions of
approval sheet on the plat as a requirement for all current and future lot owners.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site. A geotechnical investigation report was provided
by Rawhide Engineering Inc. and has been stamped and signed by a professional engineer
registered in the State of Montana and reviewed by the Engineering Division for compliance
with City standards. This is located in application Document 015.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities were
identified on site. A vegetation map is located in application Document 038. A summary of
wetland and riparian plants on site was provided in Document 044.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known critical habitats on
the property or observed or mapped threatened or endangered species. The aquatic resources on
the property have been impacted by agricultural crop production and are used for irrigation water
supply. The applicant provided a technical memo from Morrison Maierle, prepared
environmental by scientists originally dated January 8, 2024. A letter from Montana Fish,
Wildlife, and Parks (MT FWP) was provided and is dated November 22, 2023. MT FWP did not
“have any fish and wildlife comments to provide at this time.”
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The site is historically used for irrigated crops and
no continuance of agricultural activities is proposed as the subdivision is developed through
current and future phasing. The area is zoned for residential, commercial, and mixed uses under
the REMU and B-2M zoning. Supplemental documentation of compliance with adopted
standards per this section was waived with the pre-application review. No adjacent agricultural
uses are present.
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above under primary review criteria.
38.220.060.A.9 - Water and Sewer
Water and sewer improvements will be designed to meet City of Bozeman Standards and State
Department of Environmental Quality Standards and Regulations. Also see discussion above
under primary review criteria.
38.220.060.A.10 - Stormwater Management
The stormwater infrastructure will be designed to meet City of Bozeman Standards. See
discussion above under primary review criteria.
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38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will provide adequate improvements to support the proposed development and
nearby areas by enhancing multi-modal transportation and providing local street access to
proposed developable lots.
Three local street are proposed within phase 1 of the subdivision. South 17th Avenue and South
15th Avenue are two north-south running local streets proposed within the subdivision. Staudaher
Street is the east-west running local street. South 17th Avenue will continue the previously
approved street section from the South University Phase 3 Subdivision to the north and will
include 70 feet of right-of-way with on-street bike lanes and on-street parking. The abandoned
ditch located within the South 15th Avenue right-of-way will be piped within the South 15th
Avenue right-of-way to continue the historical stormwater flow path from subdivisions to the
south.
All infrastructure will be constructed in one phase. The applicant has requested concurrent
construction for the 3 developable lots. The restricted lot will require further subdivision review.
The concurrent construction letter lists required infrastructure improvements for concurrent
construction and required improvements prior to final plat approval that may be financially
guaranteed. A Traffic Impact Study (TIS) dated March 2024, stamped and signed by a
professional engineer, was provided and evaluated by the reviewing engineer for compliance
with adopted design standards and code requirements. This report includes an analysis of
existing conditions for streets, intersections, bike and pedestrian facilities, intersection capacity,
and crash history. This report also analyzes trip generation, trip distribution, and traffic impacts
from the proposed subdivision and subsequent development including mitigation
recommendations. This report found that “any network and bicycle/pedestrian improvements
adjacent to the site should be constructed as consistent with recommendations in the Bozeman
Transportation Master Plan (2017) and aligned with the design of adjacent facilities and
developments.” Code provision 13 is related to traffic impacts and states that the proposed
project is located within one-half mile of the intersection of South 19th Avenue and Stucky
Road. The SRX II Subdivision Traffic Impact Study indicates the subject intersection will not
meet the City's level of service standard at full buildout in the design year required per BMC
38.400.060.B.4. The intersection of South 19th Avenue and Stucky Road is scheduled for
improvement in the City's Capital Improvement Plan within the next three years. Per BMC
38.270.070.C, the applicant must pay cash-in-lieu for the SRX II proportional share of the capital
facility prior to Final Plat approval. Phase 2, or other adjacent development will be required to
construct Arnold Street along the northern property boundary of the subject property. Other
proposed mitigation requirements will be evaluated with subdivision review for the phase 2
restricted lot based on adopted standards at the time of application.
Code provision 15 is related to bicycle and pedestrian movement and requires the applicant to
widen the existing sidewalk to a 10-foot shared use path along West Graf Street adjacent to the
development with the initial phase. The applicant must widen the existing sidewalk to a 10-foot
shared use path along S 19th from West Graf Street to Staudaher Street with the initial phase.
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Development of the restricted lot will require additional expansion of the shared use path moving
north.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service connections from Northwestern
Energy, Charter, and Yellowstone Fiber for the proposed subdivision. These responses are
provided under application documents 39-41.
38.220.060.A.13 - Land Use
The application has provided future land use data consistent with the REMU and B-2M zoning
districts. Proposed land uses for the subdivision are primarily commercial mixed use and multi-
household (multi-family). Exhibit 7 shows proposed uses over the entire subdivision. Block 1 is
intended for mixed use and commercial development and is included in phase 1. Block 2 is
intended for multi-household residential apartments and associated site improvements.
Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC)
provisions at the time of development for REMU and B-2M Zoning.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will provide cash-in-lieu of parkland dedication. The proposal meets
the criteria of Commission Resolution 4784. The Parks Department reviewed the parkland
proposal, also see the discussion above under the primary review criteria.
38.220.060.A.15 - Neighborhood Center Plan
To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size
or greater, must have a neighborhood center. Developments may be exempted from this
requirement if every lot within the development is within one-half mile of an existing
neighborhood center. The proposed subdivision is within a half mile of Southwood Park with a
required recreational trail connecting the subdivision to the park via the South 15th Avenue ROW
with Phase 1. Additionally, Phase 1 Block 1 is zoned B-2M with future commercial and mixed-
use development planned that will serve as a commercial center for the subdivision. Direct
pedestrian access to the park will be available via the street and sidewalk network proposed with
the subdivision layout with Phase 2 development through the restricted lot.
38.220.060.A.16 - Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications. A Special Improvement Lighting District (SILD) must be
created prior to final plat application. Code provision 16 is related to this requirement.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
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created with this development. Supplemental documentation of compliance with this adopted
standard was waived during the pre-application review.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required. Proposed future site development will be evaluated with the subsequent site plan
application.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned REMU, Residential Emphasis Mixed Use. The intent 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
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e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are within
the neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term
financial viability;
d. Allow an appropriate blend of complementary mixed land uses including, but not
limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation
and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the
greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and
redevelopment to anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and
a wider range of housing types. The proposed subdivision is appropriate for this zone because of
the proposed residential development and the adjacent B-2M zoned commercial node that will
create a walkable, mixed-use area. The proposed developable REMU zoned lots are subject to
site plan review to achieve the purpose and intent of this zoning district.
Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or
equal to five acres in size prior to development. The purpose of the master site plan is to evaluate
development against the REMU supplemental use provisions in BMC 38.310.060, and the
REMU district special standards in BMC 38.330.020. The REMU district special standards
provide minimum standards for development review intended to create urban public spaces and a
vibrant public realm. The applicant provided a request to the Director of Community
Development to waive this requirement as each lot will be developed independently with no
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shared common areas or design. This request was supported by the Director and by staff. The
proposed developable REMU zoned lots in Block 2 will be subject to site plan review under a
single developer and will not be associated with the development of the B-2M zoned lot.
Restricted Lot 1 to the north is subject to further subdivision review. At the time of further
development of that lot, the applicant may be required to submit a master site plan review in
accordance with this code requirement.
The subject property is also zoned B-2M, Community Business District – Mixed. The intent of
the B-2M community business district-mixed is to function as a vibrant mixed-use district that
accommodates substantial growth and enhances the character of the city. This district provides
for a range of commercial uses that serve both the immediate area and the broader trade area and
encourages the integration of multi-household residential as a secondary use. Design standards
emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is
appropriate for arterial corridors, commercial nodes and/or areas served by transit.
The proposed subdivision is appropriate for this zone because it places a commercial node along
a major arterial that can serve both the immediate neighborhood and the larger area south of the
University. While development details for the B-2M zoned Phase 1 Block 1 lot are unknown at
this time, B-2M allows a variety of commercial uses including restaurants, retail, offices, and
services and encourages primary and secondary residential uses.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
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The subject property is designated as Urban Neighborhood for Restricted Lot 1 and Block 2.
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.
This proposed subdivision is well suited to implement the Urban Neighborhood designation by
providing opportunities for residential develop along a busy arterial corridor and collector street
adjacent to a B-2M commercial node. The proposed subdivision is also planning pedestrian and
vehicular connections to nearby neighborhoods for a more complete transportation grid for all
modes of travel. Density and individual uses will be evaluated at the time of development against
the REMU zoning requirements.
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Block 1 of the subject property is designated as Community Commercial Mixed Use. The
Community Commercial Mixed Use category promotes commercial areas necessary for
economic health and vibrancy. This includes professional and personal services, retail,
education, health services, offices, public administration, and tourism establishments. Density is
expected to be higher than it is currently in most commercial areas in Bozeman and should
include multi-story buildings. Residences on upper floors, in appropriate circumstances, are
encouraged. The urban character expected in this designation includes urban streetscapes, plazas,
outdoor seating, public art, and hardscaped open space and park amenities. High density
residential areas are expected in close proximity. Developments in this land use area should be
located on one or two quadrants of intersections of the arterial and/or collector streets and
integrated with transit and non-automotive routes. Due to past development patterns, there are
also areas along major streets where this category is organized as a corridor rather than a center.
Although a broad range of uses may be appropriate in both types of locations, the size and scale
is to be smaller within the local service areas. Building and site designs made to support easy
reuse of the building and site over time is important. Mixed use areas should be developed in an
integrated, pedestrian friendly 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.
The proposed subdivision is well suited to implement the Community Commercial Mixed Use
land use category by providing a developable lot for neighborhood commercial uses at the
intersection of a busy arterial and collector street. This lot is subject to subsequent site plan
review against the B-2M zoning district. Allowable uses in the associated B-2M district mean
that the lot may develop with neighborhood commercial uses, mixed uses, high density
residential uses, or a combination. Exhibit 7 contains the proposed land use plan.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1 Support well-planned, walkable neighborhoods.
N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities
that can be sustained over time. Maintain standards for placement of community focal points and
services with new development.
N-1.9 Ensure multimodal connections between adjacent developments.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
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N-3.9 Ensure an adequate supply of appropriately designated land to accommodate Low Income
Housing Tax Credit development in qualifying census tracts.
DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options.
DCD 2.2 Support higher density development along main corridors and at high visibility street
corners to accommodate population growth and support businesses.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application was submitted to the City of Bozeman by the applicant and owner,
Providence Development, 1450 Twin Lakes Avenue, Suite 201, Bozeman, MT 59718. The
subject property was recently re-zoned, and the growth policy was amended to facilitate the
proposed zoning of B-2M and REMU. The below applications pertain to this previous work:
• SRX II GPA 24195
• SRX II ZMA 24196
A public hearing to consider both applications was conducted on August 13, 2024. The agenda
with links to the application materials can be found in the City’s public document repository.
Both applications were approved by the City Commission. The subsequent resolution to amend
the growth policy was adopted under Resolution 5639 on September 10, 2024 and the
subsequent ordinance to change the zoning was completed on September 24, 2024 by final
adoption of Ordinance 2170. The current zoning districts of REMU and B-2M used to evaluate
this application were effective on October 24, 2024.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420, The City scheduled public notice for this application to begin on
August 25, 2025. The applicant posted public notice on the subject property on August 22, 2025.
The applicant sent public notice to all landowners of record within 200-feet of the subject
property via first class mail, on August 21, 2025. No public comment had been received on this
application as of the writing of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Providence Development, 1450 Twin Lakes Avenue, Bozeman, MT 59718
Applicant: Same as Owner
Representative: Same as Owner
Report By: Danielle Garber, Senior Planner
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FISCAL EFFECTS
Fiscal impacts are undetermined at this time but will include increased property tax revenues
from new development, along with increased costs to deliver municipal services to the property.
Impact fees will be collected at the time of building permit issuance for individual buildings
along with City sewer and water connection fees.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal, select the “Project Documents Folder” link and navigate to application 24112.
Project documents are available at this direct link to the public Laserfiche archive for application
24112. Individual documents and drawings are also linked above in the body of the report.
The following documents and drawings are available in the online public archive:
• Preliminary Plat Sheet 1
• Preliminary Plat Sheet 2
• Preliminary Plat Sheet 3
• Phasing Exhibit – Phase 1
• Phasing Exhibit – Future Phase
• Plat Narrative
• Land use
47
Memorandum
REPORT TO:Community Development Board
FROM:Danielle Garber, Senior Planner
Brian Krueger, Development Review Manager
Rebecca Harbage, Deputy Director of Community Development
Erin George, Director of Community Development
SUBJECT:Hidden Creek Minor Subdivision Preliminary Plat application to subdivide
one lot into four lots for civic and residential uses. The subdivision is
proposed on a 9.82 acre tract and is zoned R-4 (Residential High Density
District). Currently addressed at 1221 West Durston Road, t he purpose of
this subdivision application is to facilitate a future affordable housing
development on the northern portion of the County owned tract.
Application 24533 (Quasi-Judicial)
MEETING DATE:October 6, 2025
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 24533 and move for the Community
Development Board in its capacity as the Planning Board to recommend
approval of the subdivision with conditions and subject to all applicable code
provisions.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
The Department of Community Development received a Preliminary Plat
Application on October 10, 2024 requesting to subdivide 9.82 acres to create
two lots. One lot would contain the existing Gallatin County Rest Home, and
a new northern lot would be created to facilitate an affordable housing
project. On April 11, 2025 the applicant requested the application be revised
to a 4-lot minor subdivision. With this revision, the originally planned
northern lot was proposed to be further divided into 3 buildable lots with
associated easements and right-of-way. The subject property is zoned R-4
(Residential High Density District).
48
The proposed land use for the subdivision is multi-household (multi-family)
residential. Lot 1 is intended for multi-household residential and currently
proposed as the Hidden Creek affordable housing project under Site Plan
(SP) Application 25084. Lot 2 is proposed to remain as the Gallatin County
Rest Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be
subject to further plan review and are currently proposed to be set aside for
a community center and Community Land Trust homes. Development of lots
within the subdivision will be subject to Bozeman Municipal Code (BMC)
provisions at the time of development.
Preapplication review was completed on March 8, 2024. BMC 38.220.060.A
requires documentation of compliance with adopted standards unless
waivers have been granted during the pre-application process. Waivers were
granted during pre-application review from documentation of compliance
with adopted standards per BMC 38.220.060A.1-19 from the following code
sections: Surface water A.1, Floodplains A.2, Agriculture A.7, Parks and
recreation facilities A.14, Neighborhood Center Plan A.15, Lighting plan A.16,
Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing
A.18. A summary of the review of required compliance with adopted
standards can be found in the staff report.
On August 25, 2025 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in the staff report. The subdivider did not
request any variances with this application. Please see the staff report for
analysis of the review criteria.
The City scheduled public notice for this application to begin on August 25,
2025. The applicant posted public notice on the subject property on August
22, 2025. The applicant sent public notice to all landowners of record within
200-feet of the subject property via first class mail, on August 21, 2025. No
public comment had been received on this application as of the writing of
this report. The public notice contained two public meeting dates Planning
Board at Community Development Board (CDB) on Monday September 15,
2025, and the City Commission decision on Tuesday October 7, 2025. Staff
was notified the week prior to the scheduled September 15, 2025 CDB
meeting that the meeting would be cancelled due to a lack of quorum. The
City Clerk published the cancellation notice on the September 15th agenda
notifying the public that all items noticed for September 15 will have their
meeting continued to October 6, 2025. Staff will update the City Commission
on October 7, 2025 if approval was not recommended and any public
comment that was provided prior to or at the CDB meeting.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 35 working
days from sufficiency, or by October 15, 2025.
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Application materials can be found in the below links for the City's online
document repository:
Application Documents
Application Drawings
The application documents folder will contain the application narrative, a
zoning departure request, street design, land use, phased improvements,
correspondence with agricultural water users, draft agreements and
easements, as well as documentation to demonstrate compliance with
Chapter 38 including compliance with adopted standards required in BMC
38.220.060 where waivers were not granted.
The application drawings folder will contain the draft preliminary plat.
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by the Board
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of building permit issuance for individual buildings along with City
sewer and water connection fees.
Attachments:
24533 Staff Report.pdf
Report compiled on: October 1, 2025
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24533 Hidden Creek Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm.
City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm
Project Description: A preliminary plat requesting to subdivide one lot into four lots zoned R-4
for civic and residential uses. The subdivision is proposed on a 9.82 acre tract, and is
bound to the south by Durston Road, to the north by Juniper Street, to the west by Walton
Homestead Subdivision, and to the east by unannexed land zoned by Gallatin County.
The purpose of this subdivision application is to facilitate a future affordable housing
development on the northern portion of the County owned tract. The southern portion of
the county owned tract is proposed to remain used as a rest home.
Project Location: Tract B Certificate of Survey No. 2439, Located in the South 1/4 of Section
1, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana. Current Address 1221 W. Durston Road, South of Juniper Street, North of
Durston Road, West of North 7th Avenue, East of Matheson Way.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 24533 and move for the Community
Development Board in its capacity as the Planning Board to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 24533 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: September 29, 2025
Staff Contact: Danielle Garber, Senior Planner
Cody Flammond, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
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EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive for Application 24533
and may be accessed through the Community Development viewer.
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on
October 10, 2024 requesting to subdivide 9.82 acres to create two lots. One lot would contain the
existing Gallatin County Rest Home, and a new northern lot would be created to facilitate an
affordable housing project. On April 11, 2025 the applicant requested the application be revised
to a 4-lot minor subdivision. With this revision, the originally planned northern lot was proposed
to be further divided into 3 buildable lots with associated easements and right-of-way.
Conditions of approval, code provisions, and findings for this 4-lot minor subdivision are
contained in this report. The subject property is zoned R-4 (Residential High Density District).
The proposed land use for the subdivision is multi-household (multi-family) residential. Lot 1 is
intended for multi-household residential and currently proposed as the Hidden Creek affordable
housing project under Site Plan (SP) Application 25084. Lot 2 is proposed to remain as the
Gallatin County Rest Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be
subject to further plan review and are currently proposed to be set aside for a community center
and Community Land Trust homes, see application submittal Document 032 for proposed land
uses. Exhibit 4 below shows proposed uses for Lot 1, and the locations of lots 3 and 4.
Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC)
provisions at the time of development.
No city parks are currently proposed within the proposed subdivision. Directly to the north of the
subject property is a dedicated public park that was platted as a part of the Oak Meadows
subdivision. Another public park is located one block to the northwest called Walton Homestead
Park. Lot 1 is exempt from parkland review during subdivision review per BMC 38.420.020.B.1
for lots greater than 5-acres. Required parkland or cash-in-lieu of parkland (CILP) must be
reviewed with the subsequent site plan application for Lot 1. The applicant is required to address
required parkland for lots 3 and 4 with this subdivision application and has proposed to provide
CILP for lots 3 and 4 for residential developments of unknown density.
The applicant has agreed to provide a non-financial guarantee for required infrastructure with
this subdivision per BMC 38.270.080.B. With site plan Application 25084, the applicant has
proposed to extend Oak Park Drive to the south and install public utilities. Right-of-way (ROW)
width constraints exist for the extension of Oak Park Drive into the subject property due to the
adjacent unannexed land to the east. The Director of Transportation and Engineering determined
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that given the inability of the applicant to acquire a street and utility easement from the
neighboring property for half of the full Oak Park Drive right-of-way, a half street on the
applicant's property will be adequate for the proposed land use. Working with City staff the
applicant created a compliant City half-street section and 33-foot easement that will be able to be
expanded to a full section when the adjacent property to the east develops. This proposal is
outlined under Document 008 – Streets, Roads, and Grades.
The applicant has requested concurrent construction. All improvements must be installed prior to
the issuance of a building permit for any lot within a subdivision, except when concurrent
construction is an identified purpose of the initial project review and approved pursuant to the
criteria established in subsection D of BMC 38.270.030. Subsection D allows lots subject to site
plan review to commence with vertical construction prior to installation of required infrastructure
with concurrent construction approval. A concurrent construction request for construction of
infrastructure and vertical construction of Site Plan 25084 will allow the applicant to complete
infrastructure required to serve the proposed subdivision alongside on-site construction of the
apartments. This concurrent construction plan was found to be sufficient by the Fire Department
and staff. A gravel emergency access is proposed at the southern end of the future Oak Park
Drive ROW from the rest home lot to facilitate secondary fire access from Durston Road. Final
infrastructure review and approval and code provisions related to concurrent construction of
infrastructure are located in Section 4 below. Exhibits 5-8 below show the proposed design of
Oak Park Drive, as well as two pedestrian paths to be constructed east-west through the proposed
subdivision to meet block length standards, and north-south through the rest home lot to connect
residents to Durston Road and nearby sidewalks and schools. In addition, the development will
extend a City water main from Juniper Street to the dead-end water main on the rest home
property, effectively looping the water distribution network through the development.
A ditch identified as an agricultural water users ditch runs along the east property line of the
subject property. Document 027 contains a letter from Dan Triemstra, Secretary of the Farmers
Canal Company, discussing the history of the ditch and that there are no longer means of
diverting water to the ditch dated November 21, 2024. Per an email from Triemstra dated July
29, 2024 “The responsibility for maintaining laterals of Farmers Canal rests with the ditch users
of each individual ditch.” Since ditch users are the only individuals that can declare a ditch
abandoned, the applicant was instructed to work with the sole Agricultural Water User, Maxey
Limited Partnership, to discuss removal or relocation of the ditch. An agreement between Maxey
Limited Partnership and United Housing Partners or UHP (the site developer) is included in
Document 27. This agreement allows the ditch to be moved further east to facilitate the
construction of Oak Park Drive. Further discussion can be found in the staff analysis section for
Agricultural Water User Facilities. Also see code provision 15 below for agricultural water user
easement requirements.
This subdivision application includes a departure request from BMC 38.320.030.A which
provides a maximum lot area in R-4 of 2.5 acres. Lot 1 is proposed as 5.17 acres. Note 3 in this
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code section states, “Departures from the maximum lot size requirements may be allowed where
the planned development fits into the context of the neighborhood and proposed pedestrian and
vehicular circulation measures meet community objectives.” Staff supports approval of this
departure due to the applicant’s proposed pedestrian path and roadway extensions and
compatible residential development. The applicant’s departure narrative may be found under
Document 004.
On August 25, 2025 the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider did not request any variances with this application. Waivers were granted during
pre-application review from documentation of compliance with adopted standards per BMC
38.220.060A.1-19 from the following code sections: Surface water A.1, Floodplains A.2,
Agriculture A.7, Parks and recreation facilities A.14, Neighborhood Center Plan A.15, Lighting
plan A.16, Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing A.18. The
City did not receive any written public comment on the application as of the writing of this
report.
The final decision for this preliminary plat must be made by October 15, 2025 or 35 working
days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt
subdivisions.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 14
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 14
SECTION 4 – CODE REQUIREMENTS .................................................................................... 16
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 22
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 22
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 22
Documentation of compliance with adopted standards 38.220.060 ................................. 28
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 31
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 33
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 33
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 33
FISCAL EFFECTS ....................................................................................................................... 34
ATTACHMENTS ......................................................................................................................... 34
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SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
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Exhibit 2 – Future Land Use Map
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Exhibit 3 – Preliminary Plat (see full plat in file)
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Exhibit 4 – Phasing Exhibit – North Lots
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Exhibit 5 – Roadway and Pedestrian Path Exhibit
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Exhibit 6 – Oak Park Drive Exhibit – North
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Exhibit 7 – Oak Park Drive Exhibit – South
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Exhibit 8 – Oak Park Drive Section
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SECTION 2 – REQUESTED VARIANCES
No variances are requested with this application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey
and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for
public improvements were received, a platting certificate, and all required and corrected
certificates. The Final Plat application shall include one (1) signed reproducible copy on a
3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk &
Recorders office has elected to continue the existing medium requirements of 1 mylar
with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder
will file the new Conditions of Approval sheet as the last same sized mylar sheet in the
plat set
2. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval and
noted code provisions have been satisfactorily addressed. This narrative shall be in
sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,
etc. in the submittal.
3. Section 38.270.080.B BMC allows a variety of means of providing for the security of
improvements agreements, ensuring adequate maintenance of required improvements,
coordinating the timing of development, and ensuring compliance with conditions of
approval. The code allows both financial and non-financial securities to ensure
installation and maintenance of required infrastructure. The method, terms, and amount
of security must be acceptable to the city. The applicant has indicated in the application
materials the preference to use nonfinancial securities to ensure completion of required
infrastructure. To exercise this option with the final plat review, the following documents
are required to be provided prior to final plat approval:
a. The property owner must enter into an improvements agreement to ensure the
installation of required infrastructure and other applicable improvements, to be
secured by recording of a special restrictive covenant or deed restriction which
may only be released by written agreement of the City. An Improvements
Agreement listing all of the deferred infrastructure and securing installation with a
non-financial guarantee of a deed restriction must be executed by both the
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subdivider and subsequent owner(s)/developer(s). The city will provide a written
document to the landowner releasing the security upon full completion and
acceptance of the public improvements or execution of a subsequent
Improvements Agreement secured with a financial guarantee for any
improvements the City deems appropriate.
b. The developer must execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents and
assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising out of withholding a certificate
of occupancy until all required infrastructure improvements identified in the
improvements agreement are accepted by the City or a subsequent improvements
agreement with a financial security is executed ensuring installation.
c. A deed restriction restricting the issuance of a certificate of occupancy of any
building on all lots in the subdivision must be recorded. The deed restriction will
require the current property owner and all known prospective owners to expressly
acknowledge and consent that the City will withhold issuance of a certificate of
occupancy for any building on all lots in the subdivision until all required
infrastructure is completed and accepted by the City or its installation is
subsequently guaranteed with a new Improvements Agreement and financial
guarantee satisfactory to the City.
d. A deed restriction restricting the issuance of building permits must be recorded
for lots 3 and 4 detailing requirements for specific infrastructure completion and
acceptance prior to building permit issuance. The deed restriction will require the
current property owner and all known prospective owners to expressly
acknowledge and consent that the City will withhold issuance of building permits
for lots 3 and 4 until required infrastructure is completed and accepted by the City
or installation is subsequently guaranteed with a new Improvements Agreement
and financial guarantee satisfactory to the City.
e. A separate deed restriction restricting the issuance of building permits must be
recorded for lots 3 and 4 detailing the requirements for payment of cash-in-lieu of
parkland dedication with subsequent site development. The deed restriction will
require the current property owner and all known prospective owners to expressly
acknowledge and consent that the City will withhold issuance of building permits
for lots 3 and 4 until payment of cash-in-lieu of parkland dedication is satisfied.
f. A note must be included on the plat referencing each deed restriction and the
lot(s) to which each applies.
g. A Certificate of Completion of Public Improvements must be added to the final
plat that matches the language found in Sec. 38.240.450 BMC and must contain a
list of all non-financially guaranteed improvements.
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4. Lots 3 and 4 may defer payment of required cash-in-lieu of parkland (CILP) dedication at
the time of final plat application. CILP value listed on the final plat must include a note
that CILP value is an estimate and that final CILP values will use the valuation in effect
at the time an application for final plan approval on Lot 3 or 4 is complete.
5. If CILP payment is deferred at time of final plat application, CILP for Lot 3 and 4 must
be paid with subsequent site plan application and development.
SECTION 4 – CODE REQUIREMENTS
1. BMC 38.100.050 and 38.100.070 – General Provisions. Prior to final plat approval, the
applicant must provide and file with the County Clerk and Recorder's office new
executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs)
on City standard form for the following:
a. Street improvements to Juniper Street between 15th Avenue and 12th Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
b. Street improvements to 12th Avenue between Juniper Street and Oak Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
c. Street improvements to 14th Avenue between Juniper Street and Oak Street
including lighting, signalization, paving, curb/gutter, sidewalk, and storm
drainage.
d. Intersection improvements at 15th Avenue and Juniper Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
e. Intersection improvements at 14th Avenue and Oak Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage
f. Intersection improvements at 12th Avenue and Oak Street including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a copy of the new filed SID waiver prior to final plat approval.
2. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
3. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of
understanding must be entered into by the weed control district and the developer. The
memorandum of understanding must be signed by the district and the developer prior to
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final plat approval, and a copy of the signed document must be submitted to the
community development department with the application for final plat approval.
4. Sec. 38.220.070.A.8. – Conditions of Approval Sheet. A sheet(s) of the plat depicting
conformance with subdivision application approval must be submitted as set forth in
24.183.1107 ARM as may be amended and as required by the county clerk and recorder,
and must include the following:
a. List all easements and recorded document numbers on the Conditions of Approval
Sheet, including existing easements and recorded documents and spaces to write
in proposed easements and recorded documents.
b. The Conditions of Approval Sheet shall contain the following, "The maintenance
of all storm water facilities outside the public right-of-way is the responsibility of
the property owners as defined in the Shared Stormwater Easement and
Agreement.”
5. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the
certificates on the final plat must follow the language in the corresponding certificates in
this code section. In addition to any other applicable certificates contained in these code
sections the final plat must contain:
a. Sec. 38.240.450.A – Certificate of Completion of Public Improvements. 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, financially
guaranteed improvements, and non-financially guaranteed improvements. This
certificate will apply to all public infrastructure.
b. Sec. 38.240.520 – Certificate of Completion of Non-Public Improvements. Where
non-public improvements are to be installed prior to final plat approval, the final
plat of subdivision must contain a certificate of completion of non-public
improvements. The certificate must list all completed improvements, financially
guaranteed improvements, and non-financially guaranteed improvements. This
certificate will apply to all private infrastructure including the public access
walkway running east-west through the subdivision, and the public access
walkway running south to Durston from the subdivision.
6. Sec. 38.270.030.B & Sec. 38.270.030.D – Concurrent Construction. All improvements
must be installed prior to the issuance of a building permit for any lot within a
subdivision, except when concurrent construction is an identified purpose of the initial
project review and approved pursuant to the criteria established in subsection D of this
section. Concurrent construction approval is required prior to final plat approval.
a. The following improvements must be installed to support the subdivision: The
street extension of Oak Park Drive, a water main extension from the main
extension on the rest home property to Juniper Street, a pedestrian pathway from
Durston Road to Juniper Street, and improvements to Juniper Street to bring it up
to City standards, a Sidewalk along Juniper Street from the intersection with 14th
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Ave to intersection with Oak Park Drive, Stormwater inlet and infiltration facility
at Juniper Street and Oak Park Drive intersection, a Street light at Juniper Street
and Oak Park Drive intersection, and a Type B crosswalk striping at Oak Park
Drive and Juniper Street intersection. Prior to final plat approval, the applicant
must enter into an improvements agreement guaranteeing the completion of the
required improvements.
b. Sec. 38.270.030.D.2 - The property owner must enter into an improvements
agreement to ensure the installation of required infrastructure and other applicable
improvements, to be secured by any security or securities found in section
38.270.080. If a financial security is used, the amount will be determined by the
city and in an amount not less than 150 percent of the cost of the improvements
verified against city publicly bid unit prices, where such are available. If no
publicly bid unit prices are available, any cost estimate acceptable to the city may
be used. The security must be in the name of the city and must be at least six
months longer than the time of performance required by the improvements
agreement. If a nonfinancial security is to be used, see Condition of Approval 4
above.
c. Sec. 38.270.030.D.4 - Approval of the final engineering design, including location
and grade, for any public infrastructure must be obtained from the engineering
department, and the Montana Department of Environmental Quality when
applicable, prior to issuance of any building permit for the development.
d. Sec. 38.270.030.D.6 - The developer must provide and maintain hazard and
commercial general liability insurance. Insurance policies must not be cancelled
without at least 45 days prior notice to the city. The commercial general liability
policy must name the city as an additional insured. The developer must furnish
evidence, satisfactory to the city, of all such policies and the effective dates
thereof.
e. Sec. 38.270.030.D.11 - The developer must execute a hold harmless and
indemnification agreement indemnifying, defending and holding harmless the
city, its employees, agents and assigns from and against any and all liabilities,
loss, claims, causes of action, judgments and damages resulting from or arising
out of the issuance of a building permit under this section.
7. Sec. 38.270.030 – Concurrent Construction. The applicant has proposed to make
stormwater improvements to the Gallatin County Rest Home property to keep flows from
the parking lot from draining to the northern lots. The applicant must complete these
improvements prior to final plat approval.
8. Sec. 38.270.090 – Development of Maintenance of Common Areas and Facilities by
Developer and Property Owners’ Association. The subdivisions stormwater
maintenance plan must include the following.
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a. Include the following statement "The property owners shall be responsible for the
maintenance of all stormwater management facilities located outside of the public
right-of-way as defined in the Shared Stormwater Easement and Agreement."
b. The applicant must include the shared stormwater easement and agreement within
the development’s stormwater maintenance plan.
9. Sec. 38.320.030.C – Form and Intensity Standards-Residential Districts. The location
of the proposed new property line is shown as crossing through an existing accessory
structure (identified as a shop on the plat) and an existing parking lot. In order to meet
zoning standards for the new subdivision the shop structure and the parking areas not
meeting required setbacks are required to be removed prior to final plat approval. An
exhibit confirming removal of these features is required with the final plat submittal.
10. Sec. 38.400.020 – Streets. Prior to final plat approval, the applicant must provide the
street and utility easement for Oak Park Drive.
a. Sec. 38.400.020.A.2 - Prior to final plat approval, the applicant must provide all
the final approved items required in BMC 38.400.020.A.2 for the proposed
privately maintained streets.
11. Sec. 38.400.040.A.2 – Street Names. 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.
12. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting
district (SILD) information shall be submitted to the City and the district formed after
preliminary plat approval in hard copy and digital form in accordance with the City of
Bozeman Lighting and Electrical Specifications. The approval to create or annex to an
existing SILD must be granted prior to occupancy of any building in the subdivision.
13. Sec. 38.410.040 – Blocks. All pedestrian access easements used to mitigate block length
must be developed with walkways prior to final plat approval or be included in an
improvements agreement prior to final plat approval. Pedestrian walks must be
constructed as a city standard sidewalk and comply with the provisions of section
38.400.080.
14. Sec. 38.410.060 - Easements. All Easements indicated below must be provided on city
standard easements templates. Drafts must be prepared for review and approval by the
city. Signed hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard templates.
a. The final plat must provide all necessary utility easements, and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
b. The applicant must provide a front setback utility easement along Juniper Street,
Oak Park Drive, and Durston Road prior to final plat.
c. Prior to final plat approval, the applicant must provide a 10-foot pedestrian access
easement for the sidewalk connecting the Oak Park drive right-of-way to Durston
Road.
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d. Prior to final plat approval, the applicant must provide the 10-foot pedestrian
access easement for the proposed east-west pathway.
e. Prior to final plat approval, the applicant must provide the water and sewer
easements for the existing and proposed water and sewer mains.
f. Prior to final plat, the applicant must provide a public drainage easement for all
stormwater facilities located on private property that accept drainage from the
public right-of-way.
15. Sec. 38.410.060 – Easements For Agricultural Water User Facilities. The applicant
has proposed to move a portion of the existing irrigation ditch from its current location on
the property border of the subject property and the adjacent property approximately seven
feet to the east, which will relocate the ditch on the adjacent Maxey Limited Partnership
property. Pursuant to 38.410.060.D.1.a.(2), a water user facility easement must provide a
minimum easement width of ten feet on each side of irrigation canals and ditches.
Additionally, the applicant has proposed to locate Oak Park Drive over the top of the
ditch and ditch easement, which does not comply with the requirement of
38.410.060.D.1.c, which generally prohibits the placement of structures or the planting of
vegetation other than grass within the agricultural water user facility easement and would
result in overlapping easements for the required right-of-way and the water user facility.
The applicant has identified one impacted water user, Maxey Limited Partnership,
claiming a water right from the existing ditch. Maxey Limited Partnership owns the
adjacent land on which the relocated ditch and associated easement are proposed to be
located. The following items are required to comply with section 38.410.060.D:
a. On the final plat application, the applicant must comply with 38.410.060.A.1 by
describing, dimensioning, and showing, the true and correct location of all
easements, including the water user facility and its associated easement.
b. Prior to final plat approval, the applicant must provide to the City written
approval from the impacted water user and adjacent property owner for the
relocation of the ditch to the east in a manner that ensures the ditch and
accompanying maintenance easement do not overlap with the right-of-way for
Oak Park Drive, providing consent to the encroachment or impairment of the
ditch as required by MCA 70-17-112(3), and the recordation of a ditch easement
encumbering the adjacent property. Relocation of the ditch should also avoid
overlap with any other easement or required infrastructure, including the gravel
emergency only access and the pedestrian access easement. If overlap of the ditch
easement with the gravel emergency only access and the pedestrian access
easement is unavoidable due to necessary ditch and maintenance easement
location, prior to final plat approval, the applicant must provide the City with an
executed agreement with the adjacent property owner that grants permission for
any encroachment into the water user facility easement and must clearly
demonstrate that the Maxey Limited Partnership understands and accepts that
backfill and grading changes associated with moving the irrigation ditch and
construction of infrastructure, including Oak Park Drive, the emergency access,
and pedestrian facilities, will take place on their property
c. Prior to final plat approval, the applicant must provide to the City a water user
facility easement encumbering the adjacent property for the benefit of all who
hold a water right conveyed by the ditch and executed by all owners of the
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adjacent property. The easement must be acceptable to the Bozeman City
Attorney, include all notices to future owners required by 38.410.060.D.6, and
must be recorded simultaneously with the final plat. The easement must be
prepared as a document separate from the final plat, but may be referenced on the
final plat.
d. Prior to final plat approval, the developer’s professional engineer must certify that
the water entering and exiting the realigned or relocated agricultural water user
facility is the same quality and amount of water that entered or exited the facility
prior to the realignment or relocation of the ditch, pursuant to 38.410.060.D.3.
e. The applicant is advised that as an alternative to providing the documents required
by code provision 15.a-d described above, the applicant may provide the City
with evidence that the water user facility and associated “easements have been
extinguished pursuant to state law, or the holder of the easement consents in
writing to the extinguishment, or the easement is not required per subsection D.2”
in which case the developer may remove ditch laterals from within the
subdivision, as provided in BMC section 38.410.060.D.5.
16. Sec. 38.410.080.D – Grading and Drainage. The applicant is proposing multiple lots
under separate ownership that will discharge to shared stormwater retention facilities.
Pursuant to BMC 38.200.010.D.11. The City engineer will grant an exception to the
development to utilize a shared stormwater easement and agreement instead of a separate
private lot for stormwater management. Prior to final plat approval, the applicant must
provide a copy of the recorded Shared Stormwater Easement and Agreement
(Agreement) that has been approved by the City.
a. The shared stormwater easement and agreement must include adequate details
summarizing maintenance requirements, associated costs, access to the facilities,
and other necessary provisions as outlined in 38.220.320.
17. Sec. 38.410.130 - Water Adequacy. The City Water adequacy code must be satisfied at
the final plat approval. The applicant has indicated they intend to pay cash-in-lieu of
water with future development to satisfy the code. Water adequacy code requirements
may be deferred until future development. 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
final plat approval.
18. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of
land dedication.
a. Sec. 38.420.020.A.2.a.(2) – Lots 3 and 4 are subject to parkland dedication
requirements for an area equal to that required for eight dwelling units at the time
of preliminary plat. Subsequent development of Lots 3 and 4 may require
additional cash-in-lieu pursuant to section 38.420.020.A.2.b.
b. Sec. 38.420.020.B.1 – Lot 1 is larger than 5 acres and exempt from parkland
dedication at time of preliminary plat. Development of Lot 1 may require
parkland dedication pursuant to section 38.420.020.C.
c. Sec. 38.420.030.C – The valuation used for calculating the CILP amount due will
be the valuation in effect at the time an application for final plat or final plan
approval is complete. The applicant must update the parkland tracking table to
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reflect the appraisal value in effect at the time of final plat application or final
plan.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on August 25, 2025.
Planning Board meeting will be held - Monday, October 6, 2025 at 6:00 pm.
City Commission meeting will be held Tuesday, October 7, 2025 at 6:00 pm
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
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3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public hearings were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request. Review of this subdivision was conducted under
the terms of 76-3-616 MCA as authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on October
10, 2024. 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.
A revised application was received on January 23, 2025, March 14, 2025, May 7, 2025, and July
l9, 2025, With each submittal, the DRC determined the application was still not sufficient for
continued review.
A revised application was received on August 13, 2025. The DRC determined the application
was adequate for continued review August 25, 2025 and recommended conditions of approval
and the code corrections for the staff report.
The applicant posted public notice on the subject property on August 22, 2025. The applicant
sent public notice to all landowners of record within 200-feet of the subject property via first
class mail, on August 21, 2025. No public comment had been received on this application as of
the writing of this report.
On September 29, 2025 a major subdivision staff report for a subsequent minor subdivision was
completed and forwarded with a recommendation of conditional approval for consideration to the
Planning Board and City Commission.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy (DSSP) and the City of
Bozeman Modifications to Montana Public Works Standard Specifications.
Water/sewer – Document 028 contains the preliminary analysis for water adequacy, water and
sewer main availability, proposed easements, and demand calculations for water systems
improvements in the proposed subdivision, stamped by a professional engineer licensed in the
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State of Montana. This information was reviewed by the Engineering Division for compliance
with state and local Public Works Standard Specifications, the City’s design standards, the City
of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found
to meet with code provisions the City’s review requirements at the preliminary level. With the
concurrent construction and improvements agreement proposal in the application, further review
of infrastructure will commence during subsequent review of the proposed site plan application.
Per the submittal “There is an existing 8” ductile iron watermain that extends north from Durston
and ends in the Gallatin County Rest Home parking lot.” With future development, the proposed
site plan will tie into this water main on the Rest Home property, be constructed north through
the proposed Oak Park Drive easement, and will connect to the water main at the intersection of
Juniper Street and Oak Park Drive. This water main extension will satisfy the City’s water main
looping standard and provide redundancy in the municipal water system that will increase the
reliability of the utility. There are two existing sewer mains that run through the subject property.
Per the submittal there is an “… existing 18” asbestos concrete sewer main running through the
north side of the site and an existing 24” asbestos concrete sewer main running along the eastern
edge of the site.” With existing wastewater infrastructure currently present on the site, service
line connections will be achievable during subsequent development with no sewer main
extensions necessary.
Final plans and specifications will be prepared and reviewed after action on the preliminary plat,
during infrastructure review with Public Works.
Code provision 17 requires the applicant offset estimated water demand prior to final plat
approval per subsection D of BMC 38.410.130. Per this section, the application may either
transfer water rights into city ownership that are appurtenant to the land being developed or as
acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the
most recent City Commission resolution, or a combination of both. If insufficient water rights
exist, the Landowner must pay cash in lieu of water rights, in any amount determined by the
Director of Utilities, prior to development.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 14 requires that all easements, existing and proposed, must be
accurately depicted and addressed on the final plat and in the final plat application. Public utilities
will be located within dedicated street right of ways, within existing easements, or within new
easements. The applicant must submit for review and approval all easements, which designate
space for public or private utilities that are not in the designated public right of way. Additional
required easements include easements for all shared stormwater facilities, pedestrian access
easements to mitigate block length, and an agricultural water user’s easement for the sections of
the unnamed ditch located on the eastern edge of the property. All easements must be provided
using the City’s standard language. Ten-foot front yard utility easements are depicted on the
preliminary plat and are proposed to be granted with the final plat in accordance with standards.
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Copies of additional existing easements are required to be provided with the final plat application.
Required easements are outlined in code provisions 14, 15, and 16.
Parks – The applicant proposes to meet Park and Recreation requirements through a cash-in-lieu
of parkland (CILP) payment to the city. No parkland dedication is proposed with this minor
subdivision. Lot 1 is exempt from parkland review during subdivision review per BMC
38.420.020.B.1 for lots greater than 5-acres. Required parkland or cash-in-lieu of parkland
(CILP) must be reviewed with the subsequent site plan application for Lot 1. The parkland
requirements will only apply to Lots 3 and 4. Commission Resolution No. 4784 provides criteria
for evaluation of CILP proposals. The size of Lot 3 (0.184 acres) and Lot 4 (0.427 acres) limit
the practicability of dedicating park. Additionally, there are several existing parks within 0.50
miles of the subject property, including Oak Meadows Park, Walton Homestead Park, Westlake
Park, and Kirk Park. The acceptance of CILP enables accomplishment of other city priorities and
is also the expressed preference of the developer.
Condition of approval 5 allows Lot 3 and Lot 4 to defer CILP payment at the time of final plat
approval. Condition of Approval 3.e and Condition of approval 4 requires Lot 3 and Lot 4 to file
deed restrictions ensuring CILP is paid prior to any residential development approvals for those
lots. Code provision 18 provides requirements for subsequent site plan development including
final evaluation and determination of parkland dedication requirements and determination of
final cash-in-lieu values. A final cash-in-lieu value will be determined at the time of final plat of
final plan approval and must be reflected in the parkland tracking table provided on the
conditions of approval sheet for the plat. Lot 1 CILP must be evaluated and paid with the
subsequent site plan application for the affordable housing project (Site Plan Application 25084).
Stormwater – A stormwater management memo was provided by WWC Engineering under
Document 029. This memo details proposed stormwater improvements evaluated with this
preliminary plat application. The Hidden Creek development proposes two stages of stormwater
improvements. Since the undeveloped lot area to the north of the existing rest home currently
captures overland drainage flows from the developed rest home area, the applicant is proposing
to provide new stormwater improvements on the northwest corner of the Rest Home property to
capture flows from the existing parking lot draining to the northern lots where the new Lots 1, 3,
and 4 are proposed to be created. Code provision 7 requires the applicant to make these
improvements prior to final plat approval. No development of lots 1,3, and 4 is proposed with
this subdivision application. Condition of approval 3 requires deed restrictions be put in place to
ensure delivery of required infrastructure prior to building permit issuance or certificate of
occupancy issuance for these lots if the applicant requests a non-financial guarantee for
completion of required improvements with their final plat application. This will ensure
compliance with required infrastructure improvements but will allow the site developer to take
on financial responsibility for subdivision infrastructure. Code Provision 6 outlines requirements
with a concurrent construction request.
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The second stage of stormwater development for this site is currently proposed to occur under
site plan application 25084. The applicant also included a copy of the preliminary stormwater
management design report for the subsequent site plan application (#25084). This report was
prepared and stamped by a professional engineer with WWC Engineering and is located under
application Document 029. This report was reviewed by the Engineering Division for
compliance with state and local Public Works Standard Specifications, the City’s design
standards, and the Bozeman Municipal Code. The site plan will construct stormwater control
facilities to conform to municipal code and design standards.
The applicant is proposing multiple lots under separate ownership that will discharge to shared
stormwater retention facilities. Prior to final plat approval, the applicant must provide a copy of
the recorded Shared Stormwater Easement and Agreement (Agreement) that has been approved
by the City. The Agreement needs to include adequate details summarizing maintenance
requirements and associated costs for the shared stormwater facilities. This requirement is
located under code provision 16 in this report. This will ensure the proper maintenance of
necessary stormwater infrastructure as the subdivision is developed and occupied. An associated
plat note is required per code provision 3 to notify future property owners of their requirements
for ongoing maintenance of these stormwater facilities.
Agricultural water user facility – The applicant provided documentation of downstream
agricultural water users and notification. In accordance with BMC 38.360.280, notice was
provided to those users with this preliminary plat application. There is one ditch used to convey
water for agricultural uses along the east property line of the subject property.
Document 027 contains a letter from Dan Triemstra, Secretary of the Farmers Canal Company,
discussing the history of the ditch and that there are no longer means of diverting water to the
ditch dated November 21, 2024. Per an email from Triemstra dated July 29, 2024 “The
responsibility for maintaining laterals of Farmers Canal rests with the ditch users of each
individual ditch.” Since ditch users are the only individuals that can declare a ditch abandoned,
the applicant was instructed to work with the sole Agricultural Water User, Maxey Limited
Partnership, to discuss removal or relocation of the ditch. An agreement between Maxey Limited
Partnership and United Housing Partners or UHP (the site developer) is included in Document
44. This agreement allows the ditch to be moved further east to facilitate the construction of Oak
Park Drive.
An agricultural water user’s easement must be provided per code provision 15. The easements
must be prepared as documents separate from the final plat but may be referenced on the final
plat. Per code provision 15, Alterations to agricultural water user facilities must be approved by
all owners of the facility as required under MCA 70-17-112. Documentation of the approval
must be provided for the alterations of the agricultural water user facilities prior to final plat
approval. In addition, the applicant must secure the necessary easements and agreements from
the Maxey Limited Partnership to fill in and move the irrigation ditch from the property
boundary onto the Maxey Limited Partnership property in order to construct Oak Park Drive up
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to the property boundary prior to final plat approval. If unavoidable due to necessary ditch and
maintenance easement location, approval from the easement holder for encroachments into the
agricultural water user’s easement necessary for the function of the site, including along the
proposed Oak Park Drive right-of-way used for an emergency gravel access road, and along the
east side of the rest home lot to facilitate pedestrian access are required to be provided with final
plat. The agreement must clearly demonstrate that the Maxey Limited Partnership understands
and accepts that backfill and grading changes associated with moving the irrigation ditch and the
construction of Oak Park Drive will take place on their property. Prior to final plat approval, the
developer’s professional engineer must certify that the water entering and exiting the realigned
or relocated agricultural water user facility is the same quality and amount of water that entered
or exited the facility prior to the realignment or relocation of the ditch, pursuant to
38.410.060.D.3. These code provisions are required to ensure compliance with state and local
law regarding agricultural water user facilities, and to ensure maintenance access to the
remaining ag. water facility user.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary addresses will be provided to enable 911 response
to individual parcels prior to recording of the final plat. For lots subject to site plan review,
addressing will be provided following the plan review process, and are dependent on the design
and arrangement of buildings. Fire protection standards require installation of fire hydrants at
designated spacing to ensure adequate protection. A secondary fire access is proposed at the
southern end of the terminus of Oak Park Drive and has been evaluated by the Fire Department.
The fire access is considered required infrastructure to be completed per an approved concurrent
construction plan, and will be evaluated further during the infrastructure review process.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement 14 requires that all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. Public utilities are generally
located within dedicated street right of ways. Easements for the future roadway along the east
side of the lot is required prior to final plat approval.
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 two parcels within the subdivision with
the recommended conditions of approval and code provisions. Lots 1 and 2 will have legal and
physical access to each lot from an existing public street. Lots 3 and 4 will have legal access
following final plat approval via a required easement for the future Oak Park Drive extension per
code provision 14. Lots 3 and 4 will not have physical access. The applicant has requested an
improvements agreement for required infrastructure with a non-financial guarantee to secure
final plat approval. With the final plat application submittal, the application will be subject to
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condition of approval 3 and code provision 6. To exercise the option of a non-financial
guarantee, Condition 4 requires a deed restriction withholding building permits be filed for lots 3
and 4 detailing the requirements for infrastructure completion and acceptance prior to building
permit issuance. The deed restriction will include an acknowledgment and consent language and
must be executed by the subdivider and subsequent owner(s)/developer(s). Per condition 3.f, a
plat note must also be included with the final plat application referencing deed restrictions as a
notification for all future property owners.
Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on March 8, 2024 and no variances were requested. Waivers were granted during pre-
application review from documentation of compliance with adopted standards per BMC
38.220.060A.1-19 from the following code sections: Surface water A.1, Floodplains A.2,
Agriculture A.7, Parks and recreation facilities A.14, Neighborhood Center Plan A.15, Lighting
plan A.16, Miscellaneous (public lands, hazards, WUI) A.17, and Affordable housing A.18. Staff
offers the following summary comments on the documents required with Article 38.220.060,
BMC.
38.220.060.A.1 – Surface water
Supplemental documentation of compliance with this adopted standard was waived during the
pre-application review. See above analysis for Agricultural Water Users Facilities.
38.220.060.A.2 - Floodplains
Supplemental documentation of compliance with this adopted standard was waived during the
pre-application review. No floodplains are located on the subject property and no flood hazard
evaluation was required by reviewing staff.
38.220.060.A.3 - Groundwater
A groundwater investigation was completed between May 2024 and July 2024 by IMEG and is
provided in the application documents under Document 023 within the Geotechnical
Investigation Report. This report has been stamped and signed by a professional engineer
registered in the State of Montana and reviewed by the Engineering Division against code
requirements in Chapter 38 and engineering design manuals and was found to meet standards.
Per the report “Groundwater or seepage was not observed within the exploratory test pits
excavated during the site visit. Evidence of seasonally high groundwater was also not observed
within the depth of exploration.” No groundwater hazards to future residents or structures was
identified by staff, and no code provisions related to groundwater have been provided.
38.220.060.A.4 - Geology, Soils and Slopes
No significant geological features or slopes exist on the site. A geotechnical investigation report
was provided by IMEG and has been stamped and signed by a professional engineer registered in
the State of Montana and reviewed by the Engineering Division for compliance with City
standards. This is located in application Document 023.
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38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities were
identified on site. A vegetation memo is located under Document 024. Per the memo “A noxious
weed management and revegetation plan for this property has been created by 406 Weeds and is
included in this submittal.”
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known critical habitats on
the property or observed or mapped threatened or endangered species. The applicant provided a
technical memo under Document 025. An email from Montana Fish, Wildlife, and Parks (MT
FWP) was provided and is dated December 4, 2024. Per the email “FWP area biologists have
reviewed the proposal and have no comments to offer.”
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The site an undeveloped lot mostly surrounded by
urban development. No continuance of agricultural activities is proposed as the subdivision is
developed through current and future phasing. The area is zoned for residential uses per the R-4
zoning district. Supplemental documentation of compliance with adopted standards per this
section was waived with the pre-application review. Adjacent intermittent agricultural uses are
present along the eastern property boundary. Document 027 contains a draft agreement with the
adjacent property owner regarding providing and maintaining a fence line between the subject
property and the adjacent agricultural uses.
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above under primary review criteria. Also see Document 027.
38.220.060.A.9 - Water and Sewer
Water and sewer improvements will be designed to meet City of Bozeman Standards and State
Department of Environmental Quality Standards and Regulations. Also see discussion above.
38.220.060.A.10 - Stormwater Management
See discussion above under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will provide adequate improvements to support the proposed development by
extending a local street to provide local street access to the proposed developable lots.
The applicant has agreed to provide a non-financial guarantee for required infrastructure with
this subdivision per BMC 38.270.080.B. With site plan Application 25084, the applicant has
proposed to extend Oak Park Drive to the south and install public utilities. Right-of-way (ROW)
width constraints exist for the extension of Oak Park Drive into the subject property due to the
adjacent unannexed land to the east. The Director of Transportation and Engineering determined
that given the inability of the applicant to acquire a street and utility easement from the
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neighboring property for half of the full Oak Park Drive right-of-way, a city half street on the
applicant's property will be adequate for the proposed land use. Working with City staff the
applicant created a compliant half-street section and 33-foot easement that will be able to be
expanded to a full section when the adjacent property to the east develops. This proposal is
outlined under Document 008 – Streets, Roads, and Grades.
No phasing of infrastructure and no development of lots 1,3, and 4 is proposed with this
subdivision application. Easements are required to be provided with final plat for all required
street and pedestrian transportation connections. Condition of approval 3 requires deed
restrictions be put in place to ensure delivery of required infrastructure prior to building permit
issuance or certificate of occupancy issuance for these lots if the applicant requests a non-
financial guarantee for completion of required improvements with their final plat application.
This will ensure compliance with required infrastructure improvements but will allow the site
developer to take on financial responsibility for subdivision infrastructure. Code Provision 5
outlines requirements with a concurrent construction request. Future roadway locations,
easements, and design are located in Document 30.
A Traffic Impact Study (TIS) dated September 2025, stamped and signed by a professional
engineer, was provided and evaluated by the reviewing engineer for compliance with adopted
design standards and code requirements including trip distribution, intersection function, crash
data, and level of service. The findings for this report states “As proposed, the Hidden
Creek Community will not create any roadway capacity problems in this area. The existing
signalized intersections on 15th Avenue at Oak Street and Durston Road will function adequately
through full build-out of the project with no modifications. Most other intersections within the
study area will function well within capacity through 2040.” City staff concurs with the findings
in the TIS.
38.220.060.A.12 – Non-Municipal Utilities
The applicant has received confirmation of future service connections from Northwestern
Energy, and Charter Communications for the proposed subdivision. These responses are
provided under Document 031.
38.220.060.A.13 - Land Use
The subject property is zoned R-4 (Residential High Density District). The proposed land use for
the subdivision is multi-household (multi-family) residential. Lot 1 is intended for multi-
household residential and currently proposed as the Hidden Creek affordable housing project
under Site Plan (SP) Application 25084. Lot 2 is proposed to remain as the Gallatin County Rest
Home. Lots 3 and 4 are shown as future phases. Lots 3, and 4 will be subject to further plan
review and are currently proposed to be set aside for a community center and Community Land
Trust homes, see application submittal Document 032 for proposed land uses. Development of
lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the
time of development.
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38.220.060.A.14 - Parks and Recreation Facilities
Supplemental documentation of compliance with this adopted standard was waived during the
pre-application review due to exemptions for required parkland per BMC 38.420.020.B.1 for lots
greater than 5-acres. On April 11, 2025 the applicant requested the application be revised to a 4-
lot minor subdivision. With this revision, the originally planned northern lot was proposed to be
further divided into 3 buildable lots with associated easements and right-of-way. Lots 3 and 4 are
subject to required parkland with this subdivision. The proposed subdivision will provide cash-
in-lieu of parkland dedication. The proposal meets the criteria of Commission Resolution 4784.
The Parks Department reviewed the parkland proposal, also see the discussion above under the
primary review criteria.
38.220.060.A.15 - Neighborhood Center Plan
To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size
or greater, must have a neighborhood center. Supplemental documentation of compliance with
this adopted standard was waived during the pre-application review due to the size of the
development falling under 10 net acres.
38.220.060.A.16 - Lighting Plan
Supplemental documentation of compliance with this adopted standard was waived during the
pre-application review for street lighting. Subdivision or street lighting is required pursuant to
BMC 38.570.030. All street lights installed must use LED light heads and must conform to the
City’s requirement for cut-off shields as required by the City’s specifications. A Special
Improvement Lighting District (SILD) must be created prior to occupancy of any buildings in the
subdivision. Code provision 10 is related to this requirement.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development. Supplemental documentation of compliance with this adopted
standard was waived during the pre-application review.
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required. Proposed future site development for affordable housing will be evaluated with the
subsequent site plan application.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions. This purpose is
accomplished by:
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1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing housing
types in newly developed areas.
2. Providing for a variety of compatible housing types, including single and multi-household
dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
The proposed subdivision is appropriate for this zone because it will add housing variety to the
area near mixed-use and commercial districts and areas served by transit.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
The subject property is designated as Urban Neighborhood. 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
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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.
This proposed subdivision is well suited to implement the Urban Neighborhood designation by
providing opportunity for residential development on an infill parcel. The proposed newly
created lots will be in close proximity to commercial and mixed-use areas, as well as schools.
The proposed subdivision is also planning pedestrian amenities that will connect residents to
nearby parks, schools, and the larger pedestrian transportation network. Density and individual
uses will be evaluated at the time of development against the R-4 zoning requirements.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1 Support well-planned, walkable neighborhoods.
N-1.1 Promote housing diversity.
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.
DCD - 1 Support urban development within the city.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, WWC Engineering, 895 Technology Boulevard,
Suite 203, Bozeman, MT 59718, representing owner, Gallatin County, 311 W. Main Street, Suite
304, Bozeman, MT 59715.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420, The City scheduled public notice for this application to begin on
August 25, 2025. The applicant posted public notice on the subject property on August 22, 2025.
The applicant sent public notice to all landowners of record within 200-feet of the subject
property via first class mail, on August 21, 2025. The city did not receive any written public
comment on the application as of the writing of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Gallatin County, 311 W. Main Street, Suite 304, Bozeman, MT 59715
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Applicant: WWC Engineering, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718
Representative: Same as Applicant
Report By: Danielle Garber, Senior Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time but will include increased property tax revenues
from new development, along with increased costs to deliver municipal services to the property.
Impact fees will be collected at the time of building permit issuance for individual buildings
along with City sewer and water connection fees.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal, select the “Project Documents Folder” link and navigate to application 25433.
The application materials are available in the City’s Laserfiche archive for Application 24533
and may be accessed through the Community Development viewer
The following documents and drawings are available in the online public archive:
• Hidden Creek Preliminary Plat
• Departure Request
• Streets, Roads, and Grades
• Phased Improvements
• Geology, Soils, and Slopes
• Vegetation
• Wildlife
• Agricultural Water User Facilities
• Water and Sewer
• Stormwater Management
• Streets, Roads, and Alleys
• Non-Municipal Utilities
• Land Use
• Draft Shared Stormwater Easement and Agreement
• Agreement with Maxey Limited Partnership
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Memorandum
REPORT TO:Community Development Board
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Bozeman Community Plan Technical Compliance Update Public Hearing to
Consider an Updated Text and Future Land Use Map for the Bozeman
Community Plan to Conform to State Law Changes and Update Data and
Document References, Application 23333
MEETING DATE:October 6, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Having reviewed and considered the submitted materials, public comment,
and all information presented, I hereby move to adopt the findings
presented in the staff report and recommend the City Commission approve
the Bozeman Community Plan Technical Compliance Update document and
map with revisions as recommended by staff, application 23333.
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 City has prepared community land use plans since 1958. These were
voluntary but allowed community-wide participation in decision making
outside the pressures of individual development actions. The City has
adopted seven plans, with the most recent version adopted in 2020.
In 2023, the Legislature changed the land use planning laws applicable to
Bozeman by adoption of the Montana Land Use Planning Act (MLUPA).
MLUPA replaces all prior land use planning, subdivision, and zoning laws
applicable to Bozeman. Adoption of a Land Use Plan is now a required action
with state specified content and process for adoption.
Part of MLUPA is a requirement for the City to comply with the new law’s
requirements not later than May 17, 2026, with both adoption of a Land Use
Plan compliant with the new law but also implementing regulations. The
Land Use Plan must be adopted first.
The Bozeman Community Plan includes five chapters, four appendices, and
the Future Land Use Map. Seven themes organize the aspirational elements
of the plan in Chapter 2. Each Theme includes an aspirational theme, goals,
policy objectives, and action steps. The Themes are:
• A Resilient City;
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• A City Of Unique Neighborhoods;
• A City Bolstered By Downtown And Complementary Districts;
• A City Influenced By Our Natural Environment, Parks, And Open Lands;
• A City That Prioritizes Accessibility And Mobility;
• A City Powered By Its Creative, Innovative, And Entrepreneurial
Economy;
• A City Engaged In Regional Coordination.
The updated plan is limited to those things necessary to conform to updated
legal requirements, update data, and reflect amendments made to the
future land use map in the roughly five years since the plan was last adopted
as a whole. No changes to goals and objectives are proposed.
See the attached staff report for more information and analysis.
The plan text, future land use map, and supporting formation is available
at the project website [external link], included at the end of the attached
staff report, and in the City's Laserfiche [external link] archive. The files are
quite large and benefit from a larger viewing area.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Recommend approval;
2. Recommend approval with modifications;
3. Recommend denial based on non-compliance with the applicable criteria
contained within the staff report; or
4. Conduct and continue the public hearing, with specific direction to staff
to supply additional information or to address specific items.
FISCAL EFFECTS:All funds for this project have been budgeted.
Attachments:
23333 BCPTCU CDB Staff Report 10-1-2025.pdf
23333 BCPTCU Recommended Revisions 9-30-2025.pdf
Report compiled on: October 1, 2025
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23333, Staff Report for the Bozeman Community Plan Technical Compliance
Update Adoption
Public Hearing Dates:
Planning Commission (Community Development Board) October 6, 2025.
City Commission October 28, 2025.
Project Description: A technical update to the Bozeman Community Plan to comply
with new state laws on required data and update information to provide basis for
implementing regulations, Application 24118.
Project Location: The Bozeman Community Plan applies city-wide.
Recommendation: Meets criteria for approval
Community Development Board Motion: Having reviewed and considered the submitted
materials, public comment, and all information presented, I hereby move to adopt
the findings presented in the staff report and recommend the City Commission
approve the Bozeman Community Plan Technical Compliance Update document and
map with revisions as recommended by staff, application 23333.
City Commission Recommended Motion: Having reviewed and considered the
submitted materials, public comment, and all information presented, I hereby
move to adopt the findings presented in the staff report and adopt by Resolution
the Bozeman Community Plan Technical Compliance Update document and map,
application 23333.
Report: October 1, 2025
Staff Contacts: Chris Saunders, Community Development Manager and Tom Rogers,
Senior Planner
Agenda Item Type: Action – Legislative
EXECUTIVE SUMMARY
Unresolved Issues
No unresolved issues have been identified.
Project Summary
The City has prepared community land use plans since 1958. These were voluntary but
allowed community-wide participation in decision making outside the pressures of
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individual development actions. The City has adopted seven plans, with the most recent
version adopted in 2020.
In 2023, the Legislature changed the land use planning laws applicable to Bozeman by
adoption of the Montana Land Use Planning Act (MLUPA). MLUPA replaces all prior land use
planning, subdivision, and zoning laws applicable to Bozeman. Adoption of a Land Use Plan
is now a required action with state specified content and process for adoption.
Part of MLUPA is a requirement for the City to comply with the new law’s requirements not
later than May 17, 2026, with both adoption of a Land Use Plan compliant with the new law
but also implementing regulations. The Land Use Plan must be adopted first. Both the new
and old land use planning laws require a community to review their plans every five years.
If the plan is still accurate and functional for the community, then no changes are required.
If the community determines that an update is beneficial then the process of developing a
new plan begins. New plans and amendments follow the same process.
It is the legislature’s intent that the comprehensive planning authorized in MLUPA provides
the broadest and most comprehensive level of collecting data, identifying and analyzing
existing conditions and future opportunities and constraints, acknowledging and addressing
the impacts of development within the area, and providing for broad public participation.
The plan brings together information from many sources and coordinates many “issue plans”
which are documents that dive deep into a specific topic such as transportation. The Land
Use Plan may rely on issue plans to meet requirements for providing data and analysis. The
Land Use Plan serves as the basis for implementing specific land use regulations that are in
substantial compliance with the local Land Use Plan.
Preparation, public review, and adoption of the most recent Land Use Plan took about 2½
years. The available time for compliance by May 17, 2026, does not allow for such a long
process. This update is limited to updating data about the community and addressing data
required by the state. The City Commission adopted a public engagement plan on July 15,
2025, establishing the methods and processes for connecting with the community on this
document.
The plan [External Web Link] and supporting materials are available through the City’s
website. Public comment is archived as it is received and can be viewed at the City’s online
comment archive [External Web Link].
Overview of Land Use Plan
The Bozeman Community Plan includes five chapters, four appendices, and the Future Land
Use Map. Seven themes organize the aspirational elements of the plan in Chapter 2. Each
Theme includes an aspirational theme, goals, policy objectives, and action steps. The Themes
are:
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A Resilient City;
A City Of Unique Neighborhoods;
A City Bolstered By Downtown And Complementary Districts;
A City Influenced By Our Natural Environment, Parks, And Open Lands;
A City That Prioritizes Accessibility And Mobility;
A City Powered By Its Creative, Innovative, And Entrepreneurial Economy;
A City Engaged In Regional Coordination.
The planning area is shown in Section 1 of this report. The City of Bozeman is 20.03 sq. miles
in area, and the planning area is 70.8 square miles. The plan is only advisory outside of the
city limits and land development outside the city remains under authority of Gallatin County.
A summary of revisions in the plan is attached with this report. Revisions are focused on
compliance with revised state law requirements. No changes to goals or objectives or the
boundary of the planning area are proposed. Some modest changes to the Future Land Use
Map are included to update for the amendments that have occurred since initial adoption
and to correct identified inaccuracies.
Recommended Changes
Several recommended changes to the text and map are attached to this report. Changes are
to improve readability and respond to public comments.
Community Development Board Summary
The Community Development Board, acting in their capacity as the Planning Commission,
will hold a public hearing on October 6, 2025. Their recommendation will be provided to the
City Commission.
Alternatives
1. Recommend approval;
2. Recommend approval with modifications;
3. Recommend denial based on non-compliance with the applicable criteria contained
within the staff report; or
4. Conduct and continue the public hearing, with specific direction to staff to supply
additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY .......................................................................................................................................... 1
Unresolved Issues ...................................................................................................................................... 1
Project Summary ........................................................................................................................................ 1
Recommended Changes .......................................................................................................................... 3
Community Development Board Summary ................................................................................... 3
Alternatives .................................................................................................................................................. 3
SECTION 1 - MAP SERIES ...................................................................................................................................... 5
SECTION 2 - RECOMMENDATIONS AND FUTURE ACTIONS ................................................................. 7
SECTION 3 - STAFF ANALYSIS AND FINDINGS ........................................................................................... 7
Land Use Plan and Future Land Use Map Adoption Criteria and Considerations ......... 8
APPENDIX A - NOTICING AND PUBLIC COMMENT ................................................................................ 24
ATTACHMENTS ...................................................................................................................................................... 25
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SECTION 1 ‐ MAP SERIES
Map 1: Planning Area
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Map 2: Proposed Future Land Use Map
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SECTION 2 ‐ RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for a Land Use Plan adoption, Staff finds the Land
Use Plan and Future Land Use Map meets standards for approval as submitted, with analysis
provided in Section 3 below.
The Development Review Committee (DRC) considered the draft Land Use Plan on
September 24, 2025, and finds no limitations on approval. This determination means the
city’s utility and infrastructure plan anticipated capacities can adequately accommodate
proposed uses within the planning area when the issue plans and regulations have been
followed. No approval for any individual project is contemplated without required review
processes by this action.
The Community Development Board in their capacity as the Planning Commission will hold
a public hearing on October 6, 2025, to make a recommendation to the City Commission for
the plan text and Future Land Use Map. After consideration of all materials and matters they
will recommend approval or disapproval of the proposed Land Use Plan and map. The
hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on
the meeting agenda.
The City Commission is scheduled to hold a public hearing on the plan on October 28, 2025.
The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified
on the meeting agenda.
SECTION 3 ‐ STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the 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.
In considering possible approval of a proposed Land Use Plan and Future Land Use Map
under MLUPA, the advisory boards and City Commission must consider the following
criteria. As either initial adoption of a Land Use Plan or an amendment is a legislative action,
the Commission has broad latitude to determine a policy direction.
To reach a favorable decision on the proposed Land Use Plan and Future Land Use Map the
City Commission must find that the submitted material meets all the Montana Land Use
Planning Act applicable to adoption of a Land Use Plan. These are contained in Title 76,
Chapter 25, Part 1 for procedures and Part 2 for plan content and are presented below. In
making these findings, staff may identify that there are some negative elements within the
specific criteria with the final balance being a positive outcome for approval.
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Land Use Plan and Future Land Use Map Adoption Criteria and Considerations
Staff has reviewed the Land Use Plan and bases the recommendation of approval for the Land
Use Plan and Future Land Use Map adoption on the following information and findings:
Overview of The Montana Land Use Planning Act (MLUPA), 76‐25, MCA
The City of Bozeman is subject to the Montana Land Use Planning Act. MLUPA contains five
parts. Part 1 (General Provisions) and Part 2 (Land Use Plan) apply to this Land Use Plan
adoption process and staff report. Parts 3, 4, and 5 do not apply to this process and staff
report as they cover development regulations and regulatory procedures. Parts 3-5 are not
addressed in detail in this report, but Staff notes that they play an important part in the
implementation of the Land Use Plan and will be reviewed separately during code update
review.
Part 1 of MLUPA
Part 1 of MLUPA covers administrative rules, definitions, applicability, and requirements to
establish a Planning Commission (76-25-104, MCA) and to adopt a Public Participation Plan
(76-25-106, MCA).
Part 1, Section 104: Planning Commission
MLUPA requires a Planning Commission to review and provide recommendations to the
City Commission on establishing a compliant Land Use Plan, maps, and zoning and
subdivision regulations. Prior to the adoption of MLUPA, the Community Development
Board was delegated multiple functions in accordance with Chapters 1-3 of Title 76, MCA.
The Board functioned as a resource for development, review, and recommendations for
growth policy, subdivision regulations, and zoning regulations. The City Commission
designated the Community Development Board as the Planning Commission.
Under MLUPA, the City of Bozeman Community Development Board must act in accordance
with Chapter 25 of Title 76, MCA. The Board’s duties include reviewing and making
recommendations to the City Commission regarding the development, adoption, review,
and approval of the Land Use Plan and Future Land Use Map (FLUM).
On October 3, 2023, the Bozeman City Commission adopted Resolution 5534, establishing
the current Community Development Board as the Planning Commission for the City of
Bozeman for the purpose of implementation of MLUPA. The Board retained its name as the
Community Development Board.
Throughout the project, the Community Development Board has been involved. They
received several project updates, were invited to attend all community events, and offered
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comment on the draft engagement plan. Project updates were provided to the Community
Development Board on the following dates:
July 7, 2025
July 21, 2025
September 8, 2025
A public hearing is scheduled on October 6, 2025, for the Community Development Board
to review and provide recommendations on the Land Use Plan and Future Land Use Map to
the City Commission.
This process is separate from the updating and adoption of land use regulations. That
separate project began in July 2022 and is ongoing. Significant public engagement on
numerous topics occurred over dozens of public meetings with a variety of advisory boards
and the City Commission, surveys, open houses and workshops, and other activities. The
Community Development Board participated in these events.
Part 1, Section 106: Public Participation
MLUPA requires continuous public involvement, guided by creation and adoption of a
Public Participation Plan, in the planning and adoption of land use policy objectives and
regulations. As described in Chapter 1 and Appendix A of the Land Use Plan, there was a
robust public participation process with the development of the original plan. The
Technical Compliance Update also included a formal community engagement plan
reviewed by the Community Development Board and adopted by the City Commission.
The original public engagement structure for the Land Use Plan and Future Land Use Map
was comprised of four Phases: Phase 1 introduced the project and engaged residents to
identify what they valued in the community to shape its foundation. Phase 2 focused on
analysis and visioning for the future. Phase 3 considered opportunities and choices to be
made in selecting a preferred alternative. Finally, Phase 4 involved community
presentations, stakeholder input, and final adjustments before public hearings and the
adoption of the Land Use Plan. The technical compliance update focused on informing the
public on what the Land Use Plan currently included, presenting updated information such
as new population projections and housing needs analysis, and demonstrating compliance
with the new requirements of MLUPA.
MLUPA was adopted in May 2023. The City had adopted the Bozeman Community Plan in
November of 2020. At the time of MLUPA’s adoption the City was underway with a
significant implementation effort for the plan. The prior law, 76-1-601 required a review of
the document every five years. The law did not require an update at five years but a review.
MLUPA requires Bozeman to both update the Land Use Plan and the implementing
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regulations within three years of its passage on May 17, 2023. This cut short the normal
schedule of review for the plan and places a significant burden to complete all the work.
MLUPA and the prior law both require zoning and subdivision regulations to be in
accordance with the adopted Land Use Plan. Due to the shortened schedule and need to
update regulations for substantial procedural changes mandated by state law, the
Commission determined in September 2024 that the best balance was to update the
Bozeman Community Plan at a technical level to meet state law requirements for process
and content. This process decision was shared at many community events held through fall
and winter of 2024-2025.
Branding and online presence of the project was established on the Engage Bozeman
website: https://engage.bozeman.net/community-plan.
Public information sessions about the technical update process and upcoming draft
document were held online on August 25th and in person on August 27th. Notices were
included in utility bills. Presentations were also provided to the City Commission on August
26th, the Community Development Board on September 8th, and the Inter-Neighborhood
Council on September 11th. Information on the public meetings was shared with the public
through the project website, general city website news posts, monthly Engage Bozeman
digests, emails, and meeting agendas. The public review draft Land Use Plan document and
Future Land Use Map were made available to the public through the Engage Bozeman
website and as printed material at the public library and Community Development
Department office on September 12, 2025. An information session with opportunity for
questions and answers was held on September 29, 2025.
Public hearings were scheduled for October 6, 2025, with the Community Development
Board and on October 28, 2025, with the City Commission. Public hearings have been
noticed using the Bozeman Daily Chronicle (a newspaper of general circulation), describing
the nature of the Land Use Plan and Future Land Use Map, public hearing dates, ways to
view the plan and map, and ways to provide comment. In addition, the notice was added to
the Engage Bozeman website and the project’s Laserfiche archive folder.
Opportunities for written and verbal comment are encouraged through the legal ad, the
public meetings and hearing held, newsletters, emails and website information.
Opportunity for written comment has been continually available through the
comments@bozeman.net email throughout the entire timeframe of the project. Verbal
comment opportunity has been available at all the public meetings held by the City
Commission, Community Development Board, and Inter-Neighborhood Council.
The public has been involved throughout the original creation and adoption of the Land
Use Plan and the technical compliance update. The process provided continuous and
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extended public notice, review, comment, and participation in the development of the Land
Use Plan and the technical update. Public participation requirements are met.
Part 2 of MLUPA
Part 2 of MLUPA identifies the required content of a Land Use Plan and covers the initial
adoption or amendment of the plan and Future Land Use Map in Section 201. Section 202
relates to the required five-year cyclical updates of the Land Use Plan and is not further
addressed in this report. The five-year review requirement is a continuation of an existing
standard for review of growth policies. Section 203 covers requirements for providing
population projections. Sections 204 and 205 are reserved. Sections 206 through 209 detail
requirements to inventory, describe, and analyze needs and constraints related to: housing;
local services and facilities; economic development; and natural resources, environment,
and hazards. Sections 210 through 212 are reserved. Section 213 covers the Future Land Use
Map while Sections 214 and 215 address Area and Issue Plans. Finally, Section 216 outlines
provisions related to Implementation.
To assist the reader in matching plan content to the statutory requirements, Appendix B -
Infrastructure and Supporting Data, is organized based on the section numbers from state
law. Rather than duplicating extensive existing documents and resources, Appendix B
provides hyperlinks to existing documents and websites. Summary data is provided in the
main plan document. Issue plans as described below are included by reference in the
document and provide detailed analysis in their subject areas. The City updates several issue
plans per year and the most recent editions of the issue plans are the ones that are used for
review of applications.
Part 2, Section 203: Population Projection
MLUPA requires the Land Use Plan to include a projection of Bozeman’s population for a
minimum of a 20-year period, 2025-2045. The population projection-related requirements
are described in detail in the 2025-2045 Bozeman Population and Housing Forecast linked
in Appendix B.
The population projection considers three alternative forecasts to account for likely
alternatives in future population growth. The population forecast is used as a baseline
reference for determining ability to provide new housing capacity, economic capacity, and
plans for local service and facilities. The forecast is focused on resident population.
Bozeman is a destination for many services and community events so the service
population can vary substantially from day to day and by service.
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The Land Use Plan includes a projection of Bozeman’s population for 2045. The City of
Bozeman has potential to provide housing by expanding geographically and through
redevelopment and can accommodate the projected population’s housing needs;
acknowledging environmental, economic, and infrastructural variables and constraints.
The requirements of 76-25-203 are met.
Part 2, Section 206: Housing
MLUPA requires the Land Use Plan to address housing in Bozeman. This includes a
required inventory of existing conditions, an analysis of community housing impacts and
needs from now through 2045, and a description of how the City of Bozeman will address
these needs. Housing as a subject crosses multiple Chapters and Themes in the Land Use
Plan. Chapter 2, Theme 2 of the Bozeman Community Plan establishes many goals and
policies on housing in Bozeman. The Community Housing Action Plan supports the
Bozeman Community Plan with additional analysis and policy recommendations.
The housing market in Bozeman has been very active over the past 10 years. More than
8,000 new homes have been constructed since the adoption of the Bozeman Community
Plan in November 2020 with a large portion being attached homes in various
configurations. Maintaining up to date housing availability and cost data is difficult due to
rapid and constant change and Montana law that limits the City’s ability to regulate
landlords or have sale prices as public records. Data from the US Census American
Community Survey (ACS) provides key information on demographics and economic
conditions of the residents and the Land Use Plan references and relies upon the ACS to
provide socio-economic data but does not duplicate that information. A link to the ACS is
provided in Appendix B. Home construction and sale data, housing price points, and other
information are maintained by several local sources referenced in Chapter 1 and Appendix
B. Not surprisingly due to the different time ranges, scope of available information, and
access to variable information data on housing costs and availability vary.
Future housing needs are estimated based on the population projections found in Appendix
B. This results in a range of total estimated need between 10,700-15,100 additional
housing units by 2045. The projected land demand for residential purposes over the
planning period, based on estimated population growth, ranges from 2,275 to 2,935 acres,
depending largely on levels of density in future residential developments and the amount
of redevelopment in existing areas. The described range of area assumes continuation of
the same mix of zoning district as at present. Faster rates of population growth, lower
density development patterns, or restrictions on redevelopment will require additional
land area. As discussed in Appendix B, Bozeman’s housing stock is quite young and of high-
quality condition. This creates lessens the likelihood of redevelopment of existing areas.
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Therefore, it is expected that additional land must be added to the community to enable
sufficient housing construction to meet forecast demand.
The overall area of the Future Land Use Map includes more land outside the city than is
needed to house the projected population by 2045. This area may be annexed in the future.
The Future Land Use Map does not attempt to specify growth locations. Not all property is
well suited for development and may remain undeveloped over both the short and long
term. Annexation is initiated by the private landowner and the City cannot reliably predict
where landowners may have interest in annexation. The Future Land Use Map is
coordinated with utility planning and provides opportunity for outward expansion if
needed. The City’s annexation policy encourages contiguous and incremental development
which has enabled the City to growth efficiently for functional service development. The
City also has significant ability to grow inwards with development of vacant parcels or
redevelopment of various intensities. However, there are also limitations on inward growth
due to private covenants restricting development, limitations on mass and scale for historic
preservation purposes, and willingness of landowners to redevelop.
The City reviewed information available through the Eagle Web service and FTP site
maintained by the Gallatin County Clerk and Recorder for all major subdivisions within the
planning area. There were 631 major subdivisions of which 432 were platted in 1980 or
later for which non-plat information was available through Eagle Web. Of all plats recorded
in 1980 or later, 73% were identified as having covenants applicable to some or all the plat.
As covenants are subject to revision at will by the landowners, staff did not review the
content of the covenant. Covenants are broadly in place and represent a substantial
potential barrier to individuals seeking to construct housing.
The proposed expanded capacity allowed by the Land Use Plan serves as a strategic
safeguard against development challenges, enhancing the likelihood that the community
will successfully meet its long-term housing goals despite potential unforeseen constraints.
Assessment of the most likely challenges related to housing supply and development are
assessed in the housing of Appendix B. Larger trends such as setting of interest rates,
supply chain limitations, and national/international factors that support or impede housing
construction are beyond the scope of the Land Use Plan.
Bozeman initially adopted zoning in 1935. Bozeman actively reviews and updates its land
development regulations, including zoning. A development code replacement is underway
to implement the goals and objectives of the Land Use Plan. A decision on adoption of
regulations will follow the completion and adoption of this Land Use Plan. New regulations
must be completed by May 17, 2026.
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MLUPA specifically mentions a list of 14 specific regulatory reforms under the zoning
portion of the statute to accommodate increased housing capacity, of which a given
jurisdiction must enact at least 5. The specific regulatory tools selected will be determined
as part of the code implementation process following adoption of the Land Use Plan.
Incentives are in place to help spur residential development including attainable housing
and affordable housing. Those incentives include a city-run voluntary incentives program,
and tax increment financing. Other incentives will be explored, and the community will
continue to explore grants and financing tools to help support development of additional
safe and affordable housing. Over the past five years the City has supported and issued
building permits for hundreds of price limited housing units that use various incentives.
Most of those developments relied heavily on federal low-income housing tax credits and
other subsidies to achieve cost reductions.
No revision was necessary to the Future Land Use Map to accommodate new housing
opportunities. The Future Land Use Map identifies future land use designations and table 4
of the Land Use Plan identifies implementing zoning districts for each designation. There is
no restriction in the Land Use Plan or map on placement of price restricted homes in any
residential area of the community. The Land Use Plan is not a regulation. Density
requirements and other development standards to support housing are addressed through
land use regulations.
The Land Use Plan addresses housing in Bozeman and provides the required inventories,
analyses, and descriptions so the requirements of this section are met
Part 2, Section 207: Local Services and Facilities
MLUPA requires the Land Use Plan to address Local Services and Facilities in Bozeman.
This includes a required inventory of existing conditions, an analysis of community
services and facilities’ impacts and needs from now through 2045, and a description of how
the City of Bozeman will address these needs. Themes 1, 5, and 7 most directly establish
goals and objectives related to these topics.
MLUPA provides two alternatives for documenting services and facilities. One is to do so
directly in the document and the other is to rely on issue plans for some or all topics. An
issue plan is a topic specific plan that addresses some or all the planning area. Bozeman has
adopted many issue plans for topics such as fire service, water treatment, parks, and
housing. Several are updated each year. The Bozeman Community Plan and the technical
update use issue plans to address documentation of existing conditions, future demand,
and methods to expand and maintain service for many required topics.
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MLUPA also requires the Land Use Plan to address topics not in the City’s control like
schools and health care. Data looking at existing conditions and trends in these areas has
been collected and is included in Appendix B with other services and facilities. Staff
expresses appreciation for the assistance of other public and private service providers in
assembling and sharing required information.
Appendix B contains links to issue plans which consider current information and projected
needs for key local services including transportation, municipal water, sewer and
wastewater, stormwater, and fire department services. Additional information is provided
to address conditions for law enforcement, healthcare, public schools, and other services.
The primary strategy for acquisition, replacement, and maintenance of public
infrastructure and other major assets for the City of Bozeman is through its Capital
Improvement Plan (CIP)which is guided by adopted city plans such as the Land Use Plan
and issue plans including the Transportation Master Plan; the Parks, Recreation, Active
Transportation and Trails Plan; and utility issue plans.
CIP projects and service improvements are identified to help serve the projected
population by reference to associated relevant local service or issue plans and policies.
Operational improvements and service expansions are addressed through the budgeting
process.
School District 7 was contacted to gather information and share growth projections. In
response, insights were received regarding enrollment trends and planned improvements.
Schools undertake their own facility plans in accordance with growth pressures. Despite
significant numbers of new homes being constructed, demand for new school facilities has
remained low as the number of school age children has not expanded quickly. Several
private schools have also established in Bozeman and their growth and attendance is
documented as well.
The Land Use Plan addresses Bozeman's local services and facilities by incorporating issue
plans that evaluate current conditions, analyze projected needs, and outline necessary
expansions and maintenance to meet future demands through 2045. The Land Use Plan
emphasizes proactive infrastructure upgrades, improved service delivery, and better
connectivity, including walkability, bike lanes, and public transportation, aligning with
community priorities for sustainable growth. The requirements of 76-25-207 have been
met.
Part 2, Section 208: Economic Development
MLUPA requires the Land Use Plan to address Economic Development in Bozeman. This
includes a required inventory of existing conditions, an analysis of community economic
impacts and needs from now through 2045, and a description of how the City of Bozeman
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will address these needs. Theme 6 of the Land Use Plan establishes goals and objectives for
Economic Development.
The City has implemented a variety of tools to monitor economic trends. An economic
development strategy issue plan adopted in 2023 provides higher level policy. The
Economic Development Department commissions an annual Q2 Market Report that
documents immediate trends. The 2024 edition is available and is linked in the Economic
Development section of Appendix B. The 2025 edition is expected in October. The Montana
Department of Labor and Industry publishes an annual Labor Day Report which provides a
larger context for the Bozeman economy. The population and housing forecast prepared for
this Land Use Plan update considers industry growth, particularly the fastest growing
sectors of accommodation/ food service, construction, and health care.
Bozeman is a regional employment hub, characterized by stable job trends in key sectors
like healthcare and retail trade and expansion in hospitality. Employment is primarily
concentrated in areas such as Montana State University, the central business district, major
commercial corridors like N. 19th Avenue, and around significant institutions like the
Bozeman Health campus and school district. Bozeman also sees significant inflow and
outflow of workers indicating that the surrounding area is also robustly expanding
employment.
The Land Use Plan area will see an approximate increase to 79,300 jobs by 2045, which is
an additional 27,720 new jobs added to the local economy during the Land Use Plan 20-
year timeframe. There is additional land available as shown in the annual land use
inventory to accommodate new and expanding businesses. The Future Land Use Map
designates additional area for the incremental increase in employment over time. There is
a capacity to accommodate forecast new employees based on current development trends.
An aspect of maintaining economic health is Bozeman’s quality of life. Resident and visitor
access to well designed and constructed parks, trails, open spaces, and natural
surroundings contribute to its attractiveness for businesses and workers. Tourism is a
growing economic sector. Adequate and affordable housing for workers is a known
challenge.
Bozeman has the economic capacity to support the projected population and workforce
growth, with land for housing and commercial development and a stable job market. The
Land Use Plan addresses economic development in Bozeman and provides the required
inventories, analyses, and descriptions to meet the requirements of 76-25-208.
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Part 2, Section 209: Natural Resources, Environment, and Hazards
MLUPA requires the Land Use Plan to address Natural Resources, Environment, and
Hazards in Bozeman. This includes a required inventory of existing conditions, an analysis
of the impacts to and needs for natural resources, environment, and hazards from now
through 2045, and a description of how the City of Bozeman will address these needs.
Appendix B contains descriptive information on current conditions in this subject area.
There are many existing public data sources presenting local and statewide data that are
connected and incorporated into the Land Use Plan. Much of this information is dynamic
and regularly updated as sponsoring agencies continue their operations. Bozeman is
located within the Yellowstone ecosystem and has many species which are resident or
transit through the area. The State of Montana has developed robust and publicly available
information through several web portals that allow initial identification of likely species in
the area and high level “early warning” information for persons designing for development
or policy making. However, the detail level of these resources is not sufficient for site
development level review. Therefore, Bozeman requires a more robust, site specific, data
and analysis as part of development applications.
Natural Resources, Environment, and Hazards-related requirements are addressed in the
Land Use Plan, especially in Themes 4 and 6 and less directly in Theme 2. The City has
longstanding policy for compact efficient development patterns to lessen expansion out
into agricultural lands and policy combined with regulation to protect the areas along
watercourses and wetlands.
The Land Use Plan continues the City’s practice of careful consideration of constrained and
sensitive lands, prioritizing ecological preservation alongside sustainable growth. By
supporting regulations which designate areas like wetlands, floodplains, and watercourses
as protected spaces, the plan and implementing regulations minimize development risks
and preserve essential ecosystems. Bozeman was originally founded as an agricultural
town and most of the surrounding area has been modified for agricultural purposes which
reduces habitat value for some species of both plants and animals. Resource extraction
plays a limited role in the jobs profile of the community. However, indirect employment
through hospitality focused on recreation is increasing. There are no commercial timber or
mining operations within the Bozeman planning area. Water quality is a long-standing
concern, and the City supports development on municipal water and sewer systems to
reduce pollutant discharges, as well as operating a stormwater utility to reduce rate and
pollution content of runoff. High nitrate levels in groundwater are being observed in the
Gallatin Valley and some surface waters are classed as impaired due to nutrient loads.
The City established in 2002 and updated in 2025 regulations for protection of wetlands
and watercourses; and updated regulations for floodplains as part of implementation of the
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initial Bozeman Community Plan adopted in 2020. These regulations emphasis avoidance
of impact first and mitigation second. The City has been working with other agencies for
several years to improve mapping and classification of surface water features. The Future
Land Use Map depicts parks and conservation easements. Smaller features are not shown
due to the difficulty in depicting such small items on a large-scale map and uncertainty of
location with precision.
As part of the Yellowstone ecosystem, Bozeman also sees larger animals. Bears are
regularly removed from town in the fall and are a concern for solid waste handlers.
Bear/human conflict avoidance was a matter of repeated public comments during
preparation of the Land Use Plan in 2020. Concentrations of people and larger animals
often will conflict, and Bozeman has, for over 24 years, had a policy to not encourage large
wild animals within the community to avoid human/animal and vehicle/animal conflict
which usually turns out poorly for the animals.
The Land Use Plan addresses Natural Resources in Bozeman and provides the required
inventories, analyses, and descriptions.
Part 2, Section 76‐25‐213: Land Use And Future Land Use Map
MLUPA requires the Land Use Plan to include a Future Land Use Map that reflects the
anticipated and preferred pattern and intensities of development for the jurisdiction over
the next 20 years. This must be accompanied by a written description of the proposed
general distribution, location, and extent of various land uses.
The purpose of the Future Land Use Map is to coordinate with adjacent jurisdictions,
communicate with landowners and the public, and enable evaluation of future municipal
service, utility, and housing needs. The planning area is coordinated with the City’s utility
planning area. The planning area boundary has not changed since 2020.
Chapter 3 of the Land Use Plan describes the 12 land use designations shown on the Future
Land Use Map. Each designation has identified implementing zoning districts which
establish development standards for use, form, and intensities. Each of the ten future land
uses is given several paragraphs that describe each future land use's role and applicability
and provide general descriptions of use types. The area for each designation within the City
and in the entire planning area follows.
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Designation Name Acres in
City
Acres in Entire Planning
Area
No City Services 522.4 4,566.1
Traditional Core 136.3 136.3
Regional Commercial and Services 1,027.1 1,028.4
Industrial 1,119.3 1,200.3
Makers Space Mixed Use 59.2 333.8
Residential Mixed Use 541.3 982.7
Community Commercial Mixed Use 1,452.4 2,115.0
Public Institutions 1,630.7 3,428.3
Parks and Open Lands 1,507.6 2,905.8
Urban Neighborhood 6,116.8 28,644.8
Total 14,113 45,341.4
Due to the difficulty of depicting small things on such a large scale map the Future Land Use
Map does not depict specific natural features. Through the City’s online viewers, the Future
Land Use Map can be depicted along with many other data sets, including wetlands,
watercourse, floodplains, and existing and planned infrastructure, to see relationships
between different elements of the Land Use Plan.
The Future Land Use Map is not a regulation. The zoning map is a primary implementation
tool for the Land Use Plan and FLUM. The zoning map is being updated as part of the
update to the Unified Development Code, Chapter 38, Bozeman Municipal Code. Staff
evaluated the zoning map and its correspondence with the Future Land Use Map. Changes
were made to the zoning map to correct all inconsistencies. The updated zoning map is
scheduled for adoption after adoption of the technical update ad prior to the May 2026
deadline for MLUPA compliance.
The City’s annexation policy, consistent with provisions of state law, is to have the
landowner initiate the annexation process. Regardless of when or how land is annexed, it is
the landowner who decides if a property will change use through development. The City
recognizes the inherent uncertainty of individual landowner decisions. Therefore, the City
plans broadly to enable well-reasoned and factually supported evaluation of individual
annexation and development requests. The Future Land Use Map is a key part of that
process by establishing a preferred land use pattern consistent with the goals and
objectives of the Land Use Plan.
The planning area is larger than required to meet the minimum area needed to provide
housing for the planning period. Infrastructure like water or sewer mains have service lives
of 70-100 years or longer with good maintenance. It is unwise to install oversized pipe
without a good basis for expectation of future use. Under sizing pipes is also problematic as
pipes may need to be increased in size before they have completed their functional span
increasing costs of services and disturbing adjacent residents and landowners. By planning
for the larger planning area, Bozeman enables a more comprehensive evaluation of long-
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term infrastructure needs which improves efficiency of installation and operation. The
larger area also provides a longer term and more stable vision for the public than one that
must be materially revised with every 5-year plan review.
The City does not expect to fill the planning area during the 20-year period of this Land Use
Plan. However, if the landowners wish to change use of the land the community is more
prepared to rationally consider a proposal.
The Future Land Use Map includes acknowledgement of its intent to convey the
community’s vision for growth and changes and a guide to implementation changes to City
zoning map, zoning districts, subdivision regulation and other land use regulations.
The Land Use Plan includes a written description of the proposed general distribution,
location, and extent of various land uses and the requirements of 76-25-213 are met.
Part 2, Section 76‐25‐214: Area Plans
MLUPA allows the City to incorporate any existing neighborhood plans (referred to as area
plans in MLUPA) that were already adopted, to the Land Use Plan. Neighborhood (area)
plans are and have been required to be subordinate to the overall Land Use Plan and are
required to be consistent with the overall Land Use Plan. Neighborhood plans in Bozeman
relied on the overall Land Use Plan’s background data for population, demographics, and
other data, and instead focused on refining local details. Therefore, these plans can carry
forward with the new data for the plan update as they are consistent with the Land Use
Plan.
As part of the implementation of the Bozeman Community Plan, adopted in 2020, the
Community Development Board evaluated the existing neighborhood plans for consistency
with the newly adopted Land Use Plan. The Bozeman Deaconess plan was found to be
inconsistent. The landowners undertook a neighborhood plan update, and a new area plan
was adopted in 2024, called the Bozeman Health Subarea Plan. The process for this new
area plan followed the MLUPA requirements.
Appendix B includes a list of four area plans which are continuing forward with the
technical compliance update.
Downtown Bozeman Improvement Plan
Bozeman Creek Neighborhood Plan
Bozeman Health Subarea Plan
Midtown Action Plan 2017
The plan meets the requirements of 76-25-214 for area plans.
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Part 2, Section 76‐25‐215: Issues Plans
As discussed above, MLUPA requires extensive data. To address these requirements,
MLUPA authorizes a community to prepare subject specific plans to examine an issue in
greater detail than could be practically done if all under a single Land Use Plan.
“A local governing body may adopt issue plans for all or part of a jurisdiction that provide
a more detailed or thorough analysis for any component of the land use plan.”
Bozeman has historically made use of this process and intends to continue to do so.
Chapter 1 lists several specific documents prepared for this purpose. In Chapter 2, each
Theme has a list of associated issue plans and related documents. Appendix B provides
hyperlinks to individual plans in each data section. For details on individual plans follow
the hyperlinks.
The individual issue plans provide detailed analysis of existing conditions, future needs,
and implementation discussion. Due to the nuances of each different service or part of
infrastructure the service area and population may vary. For example, emergency services
respond not just to resident calls for service but also from tourists, commuters, and event
attendees.
Issue plans provide high level but essential information such as general routing for major
streets and drainage basins for sewer flow. These high-level data points are filled in during
development and infrastructure review to enable construction of functionally complete
systems.
The state adopted MLUPA in 2023. All issue plans prepared after MLUPA adoption have
followed the MLUPA process. Issue plans adopted before MLUPA will follow the MLUPA
process when they are updated. The adoption of the technical update provides notice of the
city’s reliance on issue plans for development of regulations. The city does not regulate
based on an issue plan, but issue plans provide a basis for adoption of implementing
regulations which are applied during development review. The city also has other legal
authority outside of MLUPA for regulation of development and MLUPA does not restrict
that authority.
The Land Use Plan meets the requirements of 76-25-215 for area plans.
Part 2, Section 76‐25‐216: Implementation
MLUPA requires the Land Use Plan to include an implementation section. This must include
identification of actions, programs, regulations, or guidance for implementing the Land Use
Plan. Chapter 1 describes several of the implementation tools the City uses including
zoning, subdivision, capital improvement programming, and others. Chapter 2 identifies
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goals and objectives including specific action steps to implement some of them. Chapter 4
of the Bozeman Community Plan discusses implementation, tasks, and tracking of progress
requirements.
The City began a Unified Development Code (UDC) update in 2022 to implement the 2020
Bozeman Community Plan. That has been ongoing and was adjusted to include MLUPA
compliant elements when MLUPA was adopted in 2023. The UDC update is scheduled to
conclude this fall after adoption of the technical update.
MLUPA requires an analysis of whether any inconsistencies exist between current zoning
regulations and the Land Use Plan and Future Land Use Map. If inconsistencies exist, then
specific implementation actions are needed to amend the zoning regulations and zoning
map to address the inconsistencies. The resolution of this analysis is discussed under the
land use map section. Chapter 3 of the Land Use Plan directly connects the future land use
designations to implementing zoning districts.
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Illustration 1: Table 4, Chapter 3, Correlation of future land use designations to zoning
districts.
The City prepares an annual implementation report on progress made to address the
aspirations of the Land Use Plan contained in Chapter 2. The latest annual implementation
report is attached to this report. The City also implements the Land Use Plan through many
daily operational actions for its utilities, parks, and other services consistent with adopted
issue plans.
The Land Use Plan includes an implementation section. The Land Use Plan’s
implementation section and other elements of the plan identify actions, programs,
regulations, or guidance for implementing the Land Use Plan as required in 76-25-216.
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APPENDIX A ‐ NOTICING AND PUBLIC COMMENT
Notice was published in the Legal Ads section of the Bozeman Daily Chronicle on 9/13/2025,
9/20/2025, 10/04/2025, and 10/18/2025. Notice was also published on Engage Bozeman,
as a news item on the City’s website, by email distribution, and presentations to the
Community Development Board, City Commission, and Inter-Neighborhood Council. An
advisory note of the project and where to find additional information was included with
utility bills.
Additional information on the initial process of the Land Use Plan development may be found
in Chapter 1 and Appendix A of the Land Use Plan.
The Community Development Board public hearing is scheduled and advertised for Monday,
October 6, 2025.
The City Commission is scheduled and advertised to conduct a public hearing on the
application on Tuesday, October 28, 2025.
No written public comments have been received regarding this project at this time.
Illustration 2: Engage Bozeman project website landing page
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ATTACHMENTS
The full materials and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Bozeman Community Plan text
Bozeman Community Plan Appendices text
Summary of changes to the plan
Future Land Use Map
Summary of changes to the Future Land Use Map
Public notice for the public hearings
Bozeman Community Plan Annual Implementation Report
Recommended changes to the plan text and future land use map
The Land Use Plan content and Future Land Use Map are available electronically through
the City’s website and Engage Bozeman, and in hard copy at the Community Development
Department and the Bozeman Public Library reference desk.
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Bozeman Community Plan Technical Compliance Update Changes Recommended to the
Bozeman Community Development Board Prior to Public Hearing
The following revisions are suggested for the Bozeman Community Development Board to
include in their recommendation to the City Commission regarding potential approval of
the Bozeman Community Plan Technical Compliance Update.
1. BCPTCU Page 61 – Revise display FLUM map to show updated color palette and street
network. Public input was received that the colors can be difϐicult to distinguish
between land uses. Revised color palette has been identiϐied. Major streets have also
been added to help the read orient on the location of different areas of the community.
There is also an error on the map showing golf course in the legend which is an
inaccurate carryover from prior data as golf course is no longer an independent
designation.
2. Future Land Use Map (full sized) – Updated for same visual improvements described
above. Also revised to correctly depict the Valley View golf course as Parks and Open
Lands.
3. BCPTCU Page 71 – Strike the entire ϐirst paragraph under REVIEW CRITERIA FOR
ZONING AMENDMENTS AND THEIR APPLICATION as duplicative to other text in the
same section.
4. BCPTCU Page 72-73 – Modify the section titles in green all caps to add “project” so that
section titles read “Review of Subdivision Applications for Compliance” and “Review of
Zoning Applications for Compliance” This more clearly distinguishes development
project review from review of amendments to regulations.
5. BCPTCU Appendix B Page B-26 – Correct the land use designation table to remove
incorrect classiϐication of Golf Course and merge area to Parks and Open Lands.
Designation Name Acres in City Acres in Entire Planning Area
No City Services 522.4 4,566.1
Traditional Core 136.3 136.3
Regional Commercial and Services 1,027.1 1,028.4
Industrial 1,119.3 1,200.3
Makers Space Mixed Use 59.2 333.8
Residential Mixed Use 541.3 982.7
Community Commercial Mixed Use 1,452.4 2,115.0
Public Institutions 1,630.7 3,428.3
Parks and Open Lands 1,507.6 2,905.8
Urban Neighborhood 6,116.8 28,644.8
Total 14,113 45,341.4
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Memorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Upcoming Items for the Oct 20, 2025, Community Development Board
Meeting
MEETING DATE:October 6, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Information only, no action required.
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:The following items are presently scheduled for review at the Oct 20, 2025,
Community Development Board meeting:
1. Fire/EMS impact fee capital improvement plan review, considered in role
as Impact Fee Advisory Committee.
2. Transportation impact fee capital improvement plan review, considered in
role as Impact Fee Advisory Committee.
3. Water impact fee capital improvement plan review, considered in role as
Impact Fee Advisory Committee.
4. Wastewater impact fee capital improvement plan review, considered in
role as Impact Fee Advisory Committee.
5. UDC Update Orientation Discussion work session in preparation for public
hearings beginning in November, considered in role as Planning Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:No budgeted funds are expended with this item.
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Report compiled on: September 30, 2025
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