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HomeMy WebLinkAboutSR 25238 Final_Signed Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 1 of 33 Application No. 25238 Type Site Plan Project Name Sundance Springs Commercial Lot 2 SP Summary The applicant seeks approval of a site plan to build two commercial buildings, located at the corner of Little Horse Drive and South 3rd Avenue on a property zoned R-S and operates under B-1 zoning regulations, as the zoning was amended by the Sundance Springs Commercial PUD. Both structures are proposed to be 2 stories and under 5,000 square feet in floor area. The application proposes preliminary uses including a restaurant, gym, office space, and retail spaces. On-site improvements include site improvements and stormwater facilities. Off-site improvements include improvements within the South 3rd right-of-way with associated stormwater facilities. A past development proposal on this lot was approved by the Director of Community Development following review and the approval was subsequently overturned on appeal by the Bozeman City Commission. During the appeal, the City Commission found that: (1) sufficient documents from the historic community development files exist to evaluate a site plan on this property; (2) the development regulations in place at the time a site plan application receives adequacy are appropriate to apply; (3) City Staff should have considered and applied the design guidelines for the Sundance Springs Section II Neighborhood Services PUD, which can be found in the applicable Declaration of Covenants, Conditions, and Restrictions, and (4) the site plan submitted in 2022 did not meet the required criteria for approval of a departure from block frontage standards. The City Commission’s Findings of Fact can be found here. The meeting minutes for the February 27, 2024 City Commission Meeting wherein these Findings of Fact were made can be found here. Lastly the Declaration of Covenants, Conditions and Restrictions for the Sundance Springs Section II Neighborhood Services property can be found here. This staff report contains the findings on the proposed development’s compliance with the City’s current zoning regulations as well as the design guidelines, as required by the City Commission’s Findings of Fact from appeal 23214. Zoning R-S (modified to B-1 by PUD) Growth Policy Community Commercial Mixed Use Parcel Size 1.31 AC (57,159 square feet) Overlay District(s) Sundance Springs Neighborhood Services PUD Street Address To be assigned prior to building permits. Legal Description Commercial Lot 2 of the Sundance Springs Subdivision Phase 1B (J-257), located in the Northeast Quarter of Section 25, Township 2 South, Range 05 East, City of Bozeman, Gallatin County, Montana Owner 406 Coal Blowers, Michael J Schreiner, III, PO Box 370, Bozeman, MT 59771 Applicant Synergy Engineering and Konsulting, Marlene Sadaj, 3731 Equestrian Lane, Bozeman, MT 59718 Representative Same as Applicant Staff Planner Zachary Moon Engineer Simon Lindley Noticing Public Comment Period Site Posted Adjacent Owners Mail Mailed Newspaper Legal Ad 10/27/2025-11/18/2025 10/24/2025 10/24/2025 N/A Advisory Boards Board Date Recommendation Development Review Committee 10/22/2025 The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 2 of 33 Recommendation The application is adequate, conforms to standards, and is sufficient for approval with conditions and code provisions as noted below. Decision Authority Director of Community Development Staff Report Date: 12/4/2025 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access located online in the City’s Laserfiche Repository for Application 25238 Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 3 of 33 FINDINGS OF FACT AND APPEAL PROVISIONS CERTIFICATE A) PURSUANT to Chapter 38, Article 2, Bozeman Municipal Code (BMC), and other applicable sections of Ch.38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the Site Plan described in this report was conducted. The applicant proposed to the City a Site Plan (SP) to build two commercial buildings. Both structures are proposed to be 2 stories and under 5,000 square feet in floor area. The application proposes preliminary uses including a restaurant, gym, office space, and retail spaces. On-site improvements include site improvements and stormwater facilities. Off-site improvements include improvements within the South 3rd right-of-way with associated stormwater facilities. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Ch. 38, BMC; to evaluate the proposal against the criteria of Sec. 38.230.100 BMC, and the standards of Ch. 38, BMC; and to determine whether the application should be approved, conditionally approved, or denied. B) It appeared to the Director that all parties and the public wishing to examine the proposed Site Plan and offer comment were provided the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Ch. 38, Art. 210, BMC, and considering all matters of record presented with the application and during the public comment period defined by Ch. 38, BMC, the Director finds that the proposed Site Plan complies with the requirements of the BMC if certain conditions are imposed. Therefore, being fully advised of all information comprising the record of review regarding this application, the Director makes the following decision. C) The Site Plan meets the criteria of Ch. 38, BMC, and is therefore approved, subject to the conditions listed in this report and the correction of any elements not in conformance with the standards of the Title, as noted in the Code Provisions section of this document. The evidence contained in the submittal materials, advisory body review, public comment, and this report, justifies the conditions imposed on this development to ensure that the Site Plan complies with all applicable regulations, and all applicable criteria of Ch. 38, BMC. On this 5th day of December, 2025, Erin George, Director of Community Development, or her designee, approved with conditions this Site Plan for and on behalf of the City of Bozeman as authorized by Sec. 38.200.010, BMC. D) This Director of Community Development’s project decision may be appealed by filing a documented appeal with and paying an appeal fee to the Department of Community Development for the City of Bozeman within 10 working days after the date of the final decision as evidenced by the Director’s signature, following the procedures of Sec. 38.250.030, BMC. DIRECTOR OF COMMUNITY DEVELOPMENT OR DESIGNEE Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 4 of 33 CONDITIONS OF APPROVAL 1. 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. The Neighborhood Services PUD restricts the operational hours of businesses and requires that no use may operate between the hours of 9pm and 7am. All businesses operating within the subject property must comply with operating hours prescribed by the Sundance Springs Neighborhood Services Property PUD, as long as the PUD is in effect for this parcel. (Staff Report Section 9) 3. The Neighborhood Services PUD restricts on street parking for the entirety of the subdivision. ‘No Parking’ signs must be installed along South 3rd Avenue, Little Horse Drive, and Peace Pipe Drive prior to final routing for occupancy. (Staff Report Section 6a., Public transportation; and Section 9) Code Provisions 1. BMC 38.400.070 - Street Lighting: The required public street light(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to final routing for occupancy. (Staff Report Section 6a., Public transportation) 2. Prior to final site plan approval, provide the site plan project number (25238) in the top left corner on page 1 of the water and sewer easement. Prior to final site plan approval, provide Chuck Winn as city manager on the city signatures page of the water and sewer easement. (Staff Report Section 6b., Provisions for utilities…; and Section 10) 3. BMC 38.410.060 - Easements: All Easements indicated below must be provided on city standard easements templates with an exhibit. Signed hard copies of the easements with an exhibit must be submitted to the city prior to final site plan approval. The applicant may find the City Standard Easement Templates in the City Documents and Staff Reports folder. (Staff Report Section 6b., Provisions for utilities…; and Section 10) a. A 30-foot water and sewer easement is required. If the applicant chooses to request changes to the template, they must contact the development review engineer assigned to the project. If any changes are made to these templates the applicant must indicate in the document the specific changes when returned to the City. 4. City of Bozeman Design and Construction Standards Chapter 6 Attachment D - Prior to final site plan approval, provide a copy of the acknowledgement of stormwater facilities maintenance requirements signed by the owner. (Staff Report Section 6b., Stormwater Maintenance Plan) 5. BMC 38.410.130. Water Adequacy: The project's estimated annual municipal water demand from the project is 1.34 acre-feet which must be offset prior to final site plan approval. The cash-in-lieu of water rights fee will be calculated at the time of payment. Payment must be made prior to Final Site plan approval. (Staff Report Section 6b., Provisions for utilities…) 6. BMC 38.270.030.C. The applicant proposes concurrent construction of the building and the infrastructure improvements. The applicant must fulfill the requirements of section 38.270.030 D, BMC prior to the issuance of a building permit for the proposed development or, per 38.270.030.C, complete construction of all off-site infrastructure first. (Staff Report Section 4., Phasing of development) Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 5 of 33 Figure 1: Current Zoning Map Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 6 of 33 Figure 2: Site Plan Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 7 of 33 Figure 3: Planting Plan Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 8 of 33 Figure 4: West Building Elevations Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 9 of 33 Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 10 of 33 Figure 5: East Building Elevations Staff Report Sundance Springs Commercial Lot 2 Site Plan Application No. 25238 December 4, 2025 Page 11 of 33 Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 12 of 33 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. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 - Consistency with the City’s adopted Growth Policy 38.100.040.D. Meets Code? Growth Policy Land Use Community Commercial Mixed Use Yes Zoning R-S amended to B-1 by the Sundance Springs Neighborhood Services PUD Yes Comments: The project conforms to the requirements of the B-1 zoning district. B-1 is an implementing district of the 2020 Community Plan designation of 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.” (Bozeman Community Plan pg. 54). Applications consistent with the adopted regulations are in accordance with the overall growth policy because one criterion by which every regulation is evaluated is whether or not the regulation complies with the adopted growth policy. See Mont. Code Ann. § 76-2-304(1)(a) and Bozeman Municipal Code section 38.260.020. B-1 is an implementing district of the Bozeman Community Plan designation of Community Commercial Mixed Use and is supported by the following goals: • Goal R-2.8: Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. This project helps support the existing activity and efforts to infill underutilized lots that were intended through the approved PUD to be developed as a commercial node among residential development. Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 13 of 33 • Goal N-2.3 – Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial development should be given a high priority. While the residential development has been well established, this lot is proximal to the furthest southern extent of City limits and is wholly surrounded by residential and agricultural uses. The nearest commercial use within the City is approximately 1.25 miles due north as the crow flies or approximately 1.8 miles by car (offices associated with Montana State University at Bon Ton Ave and Opportunity Way). All uses within a radius of approximately 1.25 miles from the site are solely residential. This proposal provides a commercial node to an underserviced part of the City. Encouragement of commercial development on this site dates back to 1998 when the PUD including B-1 zoning and plans to create a commercial node were approved. • Goal DCD-1.5 – Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. This parcel has been vacant since it was platted in the late 90s, and this application proposes development on the undeveloped site. • Goal DCD-2.5 – Identify and zone appropriate locations for neighborhood-scale commercial development. This parcel was designated as an appropriate location for neighborhood scale commercial development through the Planned Unit Development process in the late 90s. • DCD-3.1: Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. While this infill site currently provides connectivity to city sidewalks, this development will provide a commercial node in a generally residential portion of the city, which has the potential to reduce automobile dependency if the site is utilized by neighborhood residents. • Goal M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. This parcel was designated as an appropriate location for neighborhood scale commercial development through the Planned Unit Development process in the late 90s. All uses within a radius of approximately 1.25 miles from the site are solely residential. This proposal would provide development of businesses, including jobs and services in close proximity to the surrounding housing. Staff Comment: This proposed project meets the goals of the growth policy by allowing development of an undeveloped property. The development would provide a neighborhood scale commercial use to a large land area of residential use and begin the development of a small commercial node, as supported by the Bozeman Community Plan. The proposal balances the current needs and requirements outlined by the Bozeman Community Plan as well as the Unified Development Code, with developing an undeveloped property to comply with zoning. The existing zoning of the Sundance Springs PUD, which designated this lot as B-1, was adopted in conformance with the Growth Policy, therefore proposed uses and structures that comply with the zoning would also comply with the Growth Policy. 2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: There is currently no proposed condominium ownership association for this site plan. As detailed in this report, the application conforms with all relevant provisions of the UDC and other City regulations. Additional steps will be required, including but not limited to, building permits, and infrastructure plans. Should Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 14 of 33 the site plan be approved, the Building Division of the Community Development Department will review the requirements of the International Building Code for compliance at the time of building permit application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None Yes Comments: There are no current violations on the property. 4. Conformance with Article 2 - Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B. No. of phases: 0 NA Comments: This development is proposed without phasing. Concurrent Construction has been requested by the applicant to allow simultaneous construction of the proposed building and required supporting infrastructure. The required infrastructure improvements include adjacent improvements that are subject to BMC 38.270.030.C. The requirements of this section including an acceptable concurrent construction plan, must be met prior to a building permit being issued for the development as required by Code Provision #6. Special Use Permit 38.230.120 NA Comments: No special uses are proposed. The applicant has proposed a restaurant as a part of the potential future uses. This application grants no entitlement for this proposed use. Future tenant improvements to build out each commercial space will undergo further review for compliance with UDC requirements and for building permit issuance. The restaurant area shown on the site plan does not comply with the maximum allowed size. Per BMC Table 38.310.040.A.subnote 3, restaurant use is restricted to no more than 20% of the gross floor area of the building or 1,500 square feet, whichever is less. The floor plans show a restaurant approximately 1,500 square feet in size. However, the building is 4,971 square feet which would limit the maximum size of the restaurant to approximately 994 square feet. While the size of the use shown does not conform to the use standards within B-1, this application provides no entitlement for the shown uses. At the point that a tenant or lessee is ready to improve the shell building for their given business, a future application for a tenant improvement will verify compliance of the uses (and related square footages) proposed within the tenant space granted by the landlord. Additionally, a restaurant does not inherently require a special use permit, but the sale of alcohol for onsite consumption does require a Special Use Permit. If during future permitting (Building Permit/Tenant Improvement) it becomes clear that alcohol consumption will be a part of the restaurant use, a Special Use Permit will be required at that time. To receive approval for a Special Use Permit, an applicant must show compliance with the review criteria of Section 38.230.120. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Commercial uses allowed within the B-1 zoning designation Yes Form and intensity standards 38.320 Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 15 of 33 Zoning: R-S amended by the Sundance Springs PUD to B-1 Setback s (feet) Structures Parking / Loading Yes Front Landscaped Block Frontage – 10-feet To the side or rear of a use Rear 10-feet Allowed within rear setback per Section 38.540.010.A.6. Side 5-feet 8-feet Alley 5-feet NA Comments: The applicant has proposed preliminary uses ranging from Restaurant to Health and Exercise Establishment and Offices in order to estimate the required on-site parking. All are permitted uses within the B-1 zoning district. As discussed above, a restaurant use has a specific restriction on size per BMC Table 38.310.040.A.subnote 3, which requires that a restaurant use account for no more than 20% of the gross floor area of the building or 1,500 square feet, whichever is less. The floor plans show a restaurant approximately 1,500 square feet in size. However, the building is 4,971 square feet which would limit the maximum size of the restaurant to approximately 994 square feet. While the restaurant shown appears too large for the requirements of the B-1 zone, all proposed uses are preliminary in nature and this application grants no entitlement for the shown uses. Including proposed uses at the time of site plan allows City staff to appropriately estimate parking, traffic, water/wastewater loads, and make other calculations of the infrastructure that would be required in order to build out this site to serve the variety of uses that may occur onsite. A property owner may utilize the proposed structures in conformance with all allowed uses of the B-1 zoning district. Should a site plan be approved, an applicant must submit a Building Permit Application requesting Tenant Improvements to implement any use within the proposed shell structures. At that point, City staff would assess the specific use in conformance with the site and verify whether there is available parking. It is possible that the mix of uses ultimately sought through tenant improvements may result in parking calculations that require greater amounts of parking than what is provided in this site plan. In that instance, a building or a portion thereof, would either be restricted from being utilized at all or an applicant would have to propose a different use that does not exceed the available parking on the site. The property is accessed from Little Horse Drive, a city right-of-way designated as a local street. The property is bound on the north and west property lines by Open Space controlled by the property owner’s association. Therefore, this property only has frontage along the primary access road of Little Horse Drive. The designated block frontage along Little Horse Drive is Landscaped Block Frontage, as discussed below. Bozeman Municipal Code, Section 38.700.110. defines rear lot line as “A lot line which is opposite and most distant from the front lot line, in the case of a corner lot the lot line opposite and most distant from the narrowest front lot line, and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the narrowest front lot line. A lot with street frontage on all boundaries does not have a rear lot line.” The northern property line is the opposite and most distant lot line from the front and thus meets the definition of rear lot line. The application shows parking encroaching into the rear setback, which is allowed per BMC Section 38.540.010.A.6. The application complies with the dimensional standards of the B-1 zoning district. Lot coverage 9.98% Allowed 100% Yes Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 16 of 33 Building height 33 feet Allowed 34-feet (per Sundance Springs PUD Design Guidelines) Yes Comments: Section 8.4 of the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs, Section II, Neighborhood Services Property, which serve as the Sundance Springs PUD Design Guidelines regulates building height to 34 feet. The proposed structures cover 9.98% of the lot and both buildings have a maximum height of 33 feet. Lot coverage and building height form and intensity standards are met. Applicable zone specific or overlay standards 38.330-40 NA Comments: NA General land use standards and requirements 38.350 Yes Comments: No setback encroachments are proposed. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: NA, the proposed project is not subject to any supplemental use criteria. Wireless facilities 38.370 NA Affordable Housing 38.380.010 NA Affordable housing plan NA Comments: No affordable housing is proposed or required as a part of this application. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 NA Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes 1. Comments: Adjacent streets exist that serve the site, and no additional dedication is needed. The property is located along Little Horse Drive, a city right-of-way classified as a Local Street. Little Horse Drive provides access to the site and is an adequate transportation facility to serve the proposed use. The City Transportation Engineer reviewed the submitted traffic information and based on the potential peak trip generation, granted a waiver to the requirement to submit a traffic impact study. The Engineer’s review states, “The traffic calculations you provided in your request indicated that the proposed project will generate 331 weekday trips with 40 AM peak hour trips and 51 PM peak hour trips. These trips estimates are well below the Institute of Transportation Engineers (ITE) guidance which generally suggests 100 new peak-hour trips to be the baseline for requiring a TIS” (TIS Waiver Response). Sidewalks 38.400.080 Yes Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 17 of 33 Comments: A sidewalk is present along Little Horse Drive, which is the subject parcel’s only street frontage. There is a small sliver of Sundance Springs Open Space situated between the subject parcel and South 3rd Avenue; thus the parcel does not have frontage along South 3rd Avenue. Sundance Springs’ PUD approval originally requested pedestrian conveyance infrastructure along South 3rd Avenue within three years of construction. At the time of PUD approval, this requirement was satisfied by the installation of a gravel fines trail, which remains in place today. In the recorded PUD document, page 30 of 41, 11.2 states ‘the trail running west to east connecting Gallagator Trail on South 3rd is to be a major trail. Major trails may be up to 8 feet wide and shall be surfaced for all weather travel. They may be hard surfaced if future use warrants” To comply with current requirements, the City’s complete streets resolution, and to accommodate the increase in pedestrian traffic that will likely be generated by the commercial project, the application shows the required City Standard sidewalk connecting Little Horse Drive to Ellis View Loop along South 3rd Avenue. Sidewalks comply with municipal code. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: The site can be accessed from the right of way, Little Horse Drive. No parking areas requiring an access are proposed or required for this development. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 NA Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: Adjacent streets exist that serve the site, and no additional street dedication is needed. The property is located along Little Horse Drive, near the intersection with South 3rd Avenue. South 3rd Avenue currently lacks a bike lane and sidewalk. The applicant has proposed to add these elements in conformance with the City Standard Street Section for Collectors. The existing local street sections along Little Horse Drive, Peace Pipe Drive, and South 3rd Avenue are too narrow to allow for on street parking, and the PUD Design Guidelines prohibit on-street parking. As such, to ensure acceptable use of surrounding local streets, the applicant will be required to install ‘No Parking’ signs on proximal streets. (see Condition of Approval #3) Currently, no street lighting exists along South 3rd Avenue in the vicinity of the subject property. The required public street light(s) must be included in a Special Improvement Lighting District (SILD), in accordance with the City of Bozeman Lighting and Electrical Specifications, prior to occupancy. (see Code Provision #1) 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: This project does not meet neighborhood center thresholds. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians, alternative block delineation NA Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 18 of 33 Comments: Requirements of BMC 38.410 such as lot and block standards were previously reviewed for conformance and satisfied, if necessary, as part of the applicable platting process associated with the original creation of the lots. Public streets and sidewalks access the subject property. Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility rights-of-way etc.) Yes Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights Yes Comments: Utilities, easements, water, sewer, and stormwater have been reviewed by the Engineering Department, Water/Sewer Division, and Northwestern Energy for functionality and compliance with adopted standards. Cash in Lieu of Water Rights is required as Code Provision #5. To comply with BMC Section 38.410.060., a 30-foot water and sewer easement is required as noted in Code Provision #2 and 3. Municipal infrastructure requirements 38.410.070 Yes Comments: Municipal water, sanitary sewer, and storm sewer systems proposed with this project have been reviewed by engineering and conform to regulations. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Comments: Requirements for grading and drainage, design standards for stormwater facilities, stormwater maintenance, and landscaping for the facilities have been reviewed and conform to the City’s standards. To comply with City of Bozeman Design and Construction Standards Chapter 6 Attachment D, prior to final site plan approval, the applicant must provide a copy of the acknowledgement of stormwater facilities maintenance requirements signed by the owner. (Code Provision #4) Watercourse setback 38.410.100 Yes Watercourse setback planting plan 38.410.100.2.f. NA Comments: BMC Section 38.410.100.A. requires a minimum 50-foot setback for all watercourses. The site plans show a watercourse to the southwest, running through the adjacent open space parcel. The applicant shows that all structures meet the required 50-foot setback from the watercourse in compliance with the standard. According to BMC Section 38.410.100.2.e.(1), stormwater treatment facilities may be located within 40 percent of the setback furthest from the watercourse. The proposed site plan proposes to place a stormwater facility within the 40 percent zone furthest from the watercourse. Therefore, the application complies with watercourse setbacks. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A. NA Cash donation in lieu (CIL) 38.420.030 NA Improvements in-lieu NA Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 19 of 33 Comments: Bozeman Municipal Code Section 38.420.020.B.2. does not require parkland dedication for parcels with non-residential use. This proposal is entirely commercial and does not require parkland dedication. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: No physical parkland is proposed with this application. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Landscaped Yes Comments: This project is subject to block frontage standards. The block frontage designation is Landscaped along Little Horse Drive. Since there is only one street providing frontage, once block frontage standards have been met along Little Horse Drive, the site is compliant with Block Frontage Standards. The West Building is the nearest to Little Horse Drive and is used to determine the property’s compliance with Block Frontage Standards. Sites designated as Landscaped Block Frontage must comply with Section 38.510.030.C. The site plan’s conformance with each of the elements of Table 38.510.030.C is discussed below: Ground Floor Land use: The applicant proposed preliminary uses of Restaurant, Office, Health and Exercise Establishment all comply with the B-1 zoning district. Staff notes that the restaurant appears to be larger than the 20% of the floor area allowed by the B-1 zoning district, but this application grants no entitlement to the proposed uses as the structure is designed as a shell building and the proposed uses are offered only for the purpose of making required calculations for the site design. Further review will be required at the time of Building Permit Application for Tenant Improvements when the actual uses to be implemented will be reviewed for conformance with all code provisions, including the size of any restaurant. Building Placement: The building front must be setback a minimum of 10 feet and the application shows that the West Building is set back approximately 77 feet. This standard is met. Building Entrances: The West Building has an entrance visible and accessible from the street. This standard is met. Façade Transparency: Façade transparency refers to the ratio of windows on a given façade in relation to the areas without. Landscaped Block Frontage requires a minimum façade transparency of 25% between 4’-8’ above the sidewalk. The West Building shows 53% of the façade facing Little Horse Drive exceeding façade transparency minimum standards. This standard is met. Weather Protection: All buildings are required to install weather protection of at least 3 feet in depth over entryways. There is a weather protection feature over the main entrance of the West Building facing Little Horse Drive that is approximately 10.5 feet in depth. This standard is met. Parking Location: The drive aisle at the required 10-foot setback is 24 feet wide, and the street frontage of the lot is approximately 115 feet wide. The Block Frontage Standards require parking at the street frontage to account for less than 50% of the street frontage. The parking at the street frontage accounts for approximately 21%. This standard is met. Parking must be placed to the side, rear, below, or above uses. This application proposes to place parking to the side and rear of the building, as discussed further in Section 5 of this report. The standard is met. Landscaping: Landscaping must be placed between the street and building. The Landscaping plan shows landscaping in conformance with this standard. Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 20 of 33 Sidewalk Width: Sidewalks must be 5 feet wide along Little Horse Drive. Sidewalks are proposed with the civil site plan adjacent to the subject property and meet width requirements. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping and lighting 38.420.040 Yes Comments: Pedestrian connections have been provided between public sidewalks, trails in the public open space, and the entrances of the building. South 3rd Avenue currently lacks a bike lane and sidewalk. The applicant has proposed to add these elements in conformance with the City Standard Street Section for Collectors. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.420.050 Yes Internal roadway design 38.520.050.D. NA Comments: No internal roadways are included with this proposal. Pedestrian pathways are provided connecting the building to the public sidewalk. On-site open space 38.520.060 Total required NA NA Total provided NA NA Comments: Section 38.520.060.C. requires that commercial developments on lots greater than 1 acre in size provide open space equal to at least 2% of the site area. The subject property is 1.31 acres (57,159 square feet) and the applicants have provided 1,439 square feet of open space, or approximately 2.52% of the area. This standard has been met. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: The submitted landscaping plan shows gas and utilities meters on the eastern façade of each building and designates appropriate fencing as screening for these elements. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes Building massing and articulation 38.530.040 Yes Building details, materials, and blank wall treatments 38.530.050-070 Yes Comments: BMC Section 38.530.040.B requires that buildings with non-residential uses have at least 3 articulation features every 60 feet. The building façade along the Little Horse Drive frontage is 33 feet wide and Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 21 of 33 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Yes Yes Parking requirements residential 38.540.050.A.6 0 - NA Reductions residential 38.540.050.A.6.c 0 - NA Parking requirements nonresidential 38.540.050.A.6 45 Reductions nonresidential 38.540.050.A.6.c none Provided off-street 51 Provided on-street 0 Bicycle parking 38.540.050.A.6 4 required; 20 provided Yes Comments: The applicant has proposed preliminary uses ranging from Restaurant to Health and Exercise Establishment and Offices in order to estimate the required on-site parking. All are permitted uses within the B-1 zoning district. As discussed above, a restaurant use has a specific restriction on size per BMC Table 38.310.040.A.subnote 3, which requires that a restaurant use account for no more than 20% of the gross floor area of the building or 1,500 square feet, whichever is less. The floor plans show a restaurant approximately 1,500 square feet in size. However, the building is 4,971 square feet which would limit the maximum size of the restaurant to approximately 994 square feet. While the restaurant shown appears too large for the requirements of the B-1 zone, all proposed uses are preliminary in nature and this application grants no entitlement for the shown uses. Including proposed uses at the time of site plan allows City staff to appropriately estimate parking, traffic, water/wastewater loads, and make other calculations of the infrastructure that would be required in order to build out this site to serve the variety of uses that may occur onsite. A property owner may utilize the proposed structures in conformance with all allowed uses of the B-1 zoning district. Should a site plan be approved, an applicant must submit a Building Permit Application requesting Tenant Improvements to implement any use within the proposed shell structures. At that point, City staff would assess the specific use in conformance with the site and verify whether there is available parking. It is possible that the mix of uses ultimately sought through tenant improvements may result in parking calculations that require greater amounts of parking than what is provided in this site plan. In that instance, a building or a portion thereof, would either be restricted from utilizes windows, an entry, and a weather protection feature among other articulation features to meet the standard. All building materials are compliant and there are no blank walls. Additionally, the proposed design has been reviewed against the Sundance Springs PUD design guidelines. Staff notes that during the discussion of appeal 23214 and in its Findings of Fact on appeal 23214, the City Commission cited the design guidelines found within the CCRs to support their findings. The intent statement of the Design Guidelines (pg. 17, Section 7.1 of the Declaration of Covenants, Conditions and Restrictions for Sundance Springs, Section II Neighborhood Services Property), states, “The intent of these guidelines is to allow as much flexibility as possible while at the same time define a minimum level of quality and consistency of building design which will be consistent with and maximize the quality of the overall project.” Per the City Commission Findings of Fact, the Architectural Design standards of the Declaration of Covenants, Conditions and Restrictions for Sundance Springs, Section II Neighborhood Services Property constitute design standards for the Sundance Springs PUD which the Community Development Department must administer per Commission direction. The application complies with Bozeman Municipal Code which ensures that impacts to the immediate environment of the site are mitigated. This occurs in tandem with the PUD Design Guidelines (see Section 11 of this staff report for a detailed analysis of compliance). The Design Guidelines state that they were developed to ensure conformance throughout the Sundance Springs Subdivision. Any project which complies with the design guidelines is compatible with and sensitive to the immediate environment and adjacent neighborhoods. The application complies with the PUD Design Guidelines and Article 5 of the BMC and is therefore compatible with and sensitive to the immediate environment and the adjacent neighborhoods. Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 22 of 33 being utilized at all or an applicant would have to propose a different use that does not exceed the available parking on the site. The floor plans for the West Building show that the building requires a minimum of 30.47 parking spaces based on the following preliminary proposed uses: • 1,020 square feet of net office space, which requires 1 parking space per 250 square feet or a total of 4.08 spaces, • 971 square feet of net retail space, which requires 1 parking space per 300 square feet or a total of 3.24 spaces, and • 816 square feet of restaurant serving area and 683 square feet of patio area which require 1 parking space per every 50 square feet and 100 square feet, respectively, or a total of 16.32 and 6.83 spaces. The floor plans for the East Building show that the building requires a minimum of 15.5 parking spaces based on the following preliminary proposed uses: • 1,774 square feet of net health and exercise establishment space, which requires 1 parking space per 200 square feet or a total of 8.87 spaces, • 1,657 square feet of net office space, which requires 1 parking space per 250 square feet or a total of 6.63 spaces. The site as a whole requires 45.968 parking spaces. BMC Section 38.540.050.A. allows that when a calculation results in a fractional space, the fractional space is not required. Subsection 2.b. restricts that parking may not be provided in excess of 125% of the minimum number of spaces required, which limits the parking maximum to 57.46 spaces. The applicant’s proposed 51 parking spaces complies with the parking standards. BMC Section 38.540.050.A.4. requires that bicycle parking be provided and must be at least 10% of the number of automobile spaces required. Since the site is required to provide 45.968 spaces for cars, they must provide a minimum of 4.5968 spaces for bicycles. There is no restriction on the maximum number of bike parking spaces allowed. As such, the applicant’s proposed 20 bicycle parking spaces exceeds the minimum requirement in compliance with municipal code. Loading and unloading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Mandatory landscaping requirements 38.550.050 Yes Parking lot landscaping Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas NA Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The proposed landscaping was reviewed and approved by the Water Conservation Division for compliance with Section 38.550. The proposed landscaping and irrigation plan was found to conform to all standards. The site is surrounded on all sides by open space and public rights of way, and as such there is no residential use adjacent to the subject property. Landscaping of public lands 38.550.070 Yes Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 23 of 33 Comments: Street trees are proposed along Little Horse Drive in compliance with this section. 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA NA Proposed SF/building NA NA Comments: Because the proposed uses are all preliminary for the proposed shell buildings, no signage proposal has been submitted with this application. All signage must be reviewed through a future building permit for Planning Staff to determine compliance with all applicable criteria. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B. Yes Comments: Site lighting is proposed at the building entrances and in the parking lot. As previously mentioned, the site is surrounded on all sides by open space and public rights of way, and as such there is no residential use adjacent to the subject property. BMC Section 38.570.040.G.5. requires that outdoor lighting must not exceed 1.0 footcandles adjacent to commercial properties and public rights of way. All plans show lighting less than 1.0 footcandles at the property line, and all lighting elements meet full cutoff requirements outlined in Section 38.570.040.G.1.and .2. The proposed lighting meets the lighting requirements of Bozeman Municipal Code. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: There are no wetlands or floodplains onsite. Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this development. While Bozeman Municipal Code recently underwent a change in regulations to adopt a new wetlands and watercourse ordinance, this application was determined to be adequate for review by the Development Review Committee on 10/22/2025, and Ordinance 2025-04 came into effect on 10/25/2025. Pursuant to BMC section 38.200.080.B, this application was reviewed under the code in effect at the time the application was granted adequacy, and not for conformance with the code in effect at the date of this staff report. 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: A public notice period was conducted meeting the requirements of this section and detailed on page 1 of this report. Ninety public comments were received by the Community Development Department within the comment period and can be found in the City’s Laserfische repository. Of the 90 public comments received, 3 were in support of the proposed development and the remaining 87 were in opposition. Comments in support of the proposal discuss the benefit of commercial services within walking distance of the commenter’s residence, reduced vehicle trips, and that the uses proposed in the application are appropriate for the location. Comments in opposition bring up a number of concerns, many of which are repeated across comments. The comments are summarized and discussed by topic below. • Public Concern: Concerns that there are too many buildings and that the Master Plan within the Planned Unit Development Application (File #Z-9812 Final PUD Sundance Springs) is a regulatory document which prescribes only a single Village Store. Staff Response: The Master Plan within a Planned Unit Development application is not a regulatory document. There may be some confusion between application types, as many of the comments Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 24 of 33 reference code sections related to Master Site Plan Applications. A PUD Master Plan is an idealistic document which shows a potential build out but is not site specific and grants no entitlement nor restriction on future Site Plans. A Master Site Plan is a document which entitles a property owner to a proposed site-specific design which can be as narrowly or broadly focused as a property owner wishes and must undergo a Modification Application or subsequent Master Site Plan Application if there are significant changes once a property owner is ready to proceed with a site-specific development in a Site Plan. Staff notes that during the discussion of appeal 23214 and in its Findings of Fact on appeal 23214, the City Commission did not address appellants’ assertion that only one building of 5,000 square feet or less could be constructed and that the only allowed use was the village store depicted in the Master Plan. No Commissioner cited the Master Plan as rationale for supporting their findings. Instead, all Commissioners cited the design guidelines found within the CCRs to support their findings. Mayor Cunningham is the only Commission member who referenced and disagreed with the appellants’ assertion that development on the site was restricted to one building. Staff reviewed this application for conformance with standards of Bozeman Municipal Code and for conformance with all elements of the CCRs, per the direction given from the City Commission at the public hearing for appeal file #23214. The Design Guidelines for the PUD outlined in the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services property allow for all uses allowed within the B-1 Zoning District as outlined in Bozeman Municipal Code. Neither Bozeman Municipal Code, nor the design guidelines restrict development to a single structure. The two structures proposed comply with the Design Guidelines and Bozeman Municipal Code. • Public Concern: Concerns that outdoor activity is prohibited by the PUD. Staff Response: The design guidelines for the PUD outlined in the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services property do not prohibit outdoor activity, nor does Bozeman Municipal Code. The PUD Master Plan exhibit depicts outdoor uses of gas pumps and a patio area, but the PUD Master Plan document is not the basis for any of the Commission’s Findings from appeal 23214. • Public Concern: Concern that there is inadequate parking for the proposed uses, and that parking will overflow onto the substandard local streets. Staff Response: Bozeman Municipal Code prescribes parking counts. BMC Section 38.540.010.A. states, “The purpose of this division 38.540 in requiring parking spaces is to ensure provision of off- street motor vehicle parking, bicycle parking, and other transportation access facilities in rough proportion to the generalized parking and transportation demands of different land uses which locate at a site. Some sites, such as those that are located in close proximity to transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking. The purpose of these standards is to provide functional parking areas adequate to the needs of users, create shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual relief within paved parking areas, emphasize circulation patterns, avoid the negative impacts associated with spillover parking into adjacent neighborhoods (while at the same time avoiding the negative environmental and urban design impacts that can result from excessive parking lots and other vehicular use areas) and enhance the visual environment. The provisions of this division are also intended to help protect the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal transportation options and enhanced pedestrian safety; providing methods to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate means of surfacing of parking areas in order to address dust abatement and Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 25 of 33 improve air quality; and providing flexible methods of responding to the transportation and access demands of various land uses in different areas of the city.” The City Commission adopted municipal code provisions regarding the required number of parking spaces as a way to generally ensure that adequate parking is provided for a variety of land uses which may occur at a given location. Section 7.d. of this staff report details how the applicant complies with parking requirements of Bozeman Municipal Code. In order to ensure that patrons of any future businesses are aware of the Design Guidelines of the subdivision and to prevent prohibited on-street parking which may create unsafe traffic movements, staff has imposed a condition of approval to require ‘No Parking’ signs along local streets which may be impacted. (see Condition of Approval #3) • Public Concern: A condition of approval for the Sundance Springs Preliminary PUD to achieve Final PUD was required as follows: “#29 A documented market study shall be provided prior to submittal of the final site plan for the zoning PUD that shows the proposed uses within the neighborhood services area (Blocks 10 and 11 will be supported by the neighborhood residents. If the study does not conclude that 50% of the business will be generated from this area, development of the neighborhood service lots will not be allowed. Uses permitted on these lots include professional offices and other permitted uses listed in the B-1 neighborhood service district chapter of the Bozeman Zoning Ordinance. Full site plan review and or subdivision review will be required for all development within Blocks 10 and 11, Phase 1 subdivision. If not allowed a maximum of six additional single-family residential lots could be created within these two blocks via further subdivision review and approval. “ Public comments asserted that subsequent site plan applications must also show that the proposed uses will generate 50% of their patrons from the subdivision area. Staff Response: This condition of approval was satisfied when the City granted final approval of the PUD. The condition was timed such that to achieve final PUD approval, the developer must submit a market study prior to final site plan of the zoning PUD. The condition does not apply any future timing elements beyond final PUD approval, including any requirement that all future site plans subsequently show the same standard. As such the City cannot require information outside the scope of Bozeman Municipal Code and the Design Guidelines for the PUD. • Public Concern: Concerns that this application violates setbacks and that the Design Guidelines prohibit any development within setbacks. Additionally, concerns were raised that the parking lot impermissibly encroaches into the rear setback. Staff Response: The Design Guidelines for the PUD, found in the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services state in Section 8.3c) “Each lot in Sundance Springs shall have a buildable area determined by building or structure setbacks as allowed in Bozeman Zone Code for Neighborhood Service District. All construction other than landscaping improvements shall be limited to this buildable area.” Also in Section 8.3d) “All buildings or structures shall have a minimum of fifty (50) foot setback from the streams or ponds on the property Unless otherwise specified, the setbacks are to be those as allowed by the Bozeman Zone Code for Neighborhood Services.” The Design Guidelines prescribe compliance with the setbacks detailed in Bozeman Municipal Code. The site plan shows the site in compliance with all setbacks prescribed within Bozeman Municipal Code. See section 5 of this report for detailed analysis of conformance with applicable front, rear, and side setbacks. No stream or pond exists on the property being developed. Additionally, structures are set back 50 feet from the watercourse in the adjacent open space. Finally, BMC Section 38.540.010.A.6. expressly allows for parking within the rear setbacks. The site conforms to all required setbacks. Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 26 of 33 • Public Concern: Concern regarding the safety and well-being of children commuting from the nearby school as well as safety for pedestrians. Staff Response: Bozeman Municipal Code, Article 4 requires specific design requirements for pedestrian and vehicular transportation facilities to ensure safety for all standard modes of transportation. As a part of this development, the applicants are required to install a City Standard bike lane along South 3rd Avenue, install a sidewalk along South 3rd Ave, and install signage to expressly prohibit on street parking to ensure safe utilization of existing rights-of-way. The proposal complies with Article 4 of Bozeman Municipal Code and as such is found to provide safe travel mechanisms. • Public Concern: Concerns regarding waterways. Staff Response: There are no wetlands or floodplains onsite. Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this development. the location of the proposed buildings meet watercourse setbacks detailed in BMC Section 38.410.100. • Public Concern: Concerns regarding wildlife. Staff Response: There are no studies required for Site Plan level applications regarding impacts to wildlife, unless endangered species are present. There is no indication of endangered species on the subject property. • Public Concern: Concerns regarding lighting. Staff Response: The application meets the lighting standards of BMC Division 38.570., as detailed in Section 7g. of this staff report. Lighting standards within BMC Division 38.570. are generally more stringent than the requirements of the PUD Design Guidelines. Staff found that the lighting proposed is in compliance with the PUD Design Guidelines, as detailed in Section 10.7 of this staff report. • Public Concern: Concerns about the accuracy of the Traffic Impact Study and general concerns relating to traffic generation of the site. Staff Response: The City Transportation Engineer reviewed the traffic generation report for this application and waived a Traffic Impact Study given that the trip count did not meet standard thresholds for requiring a full Traffic Impact Study be completed. See assessment in Section 6a. of this staff report. • Public Concern: Concerns that the West Building does not meet entrance requirements under the Landscaped Block Frontage standards. Staff Response: Table 38.510.030.C. requires a building entrance visible and accessible from the street for the building that fronts on Little Horse Drive. The West Building fronts on Little Horse Drive and provides an entrance on the southern façade, which complies with this standard. Staff found that the site is in compliance with Block Frontage Standards, as detailed in Section 7a of this staff report. • Public Concern: Concerns that the City should review this application against zoning code from 1992. Staff Response: The City Commission’s Findings of Fact from appeal 23214 addressed whether to review an application against the zoning code in place at the time an application is deemed adequate, as is required by BMC section 38.200.080.B, or to apply the 1992 code, which was in place at the time the PUD received final approval. The Commission’s Findings provide the following: “The Director was correct in applying 2022 Bozeman Municipal Code standards and processes in reviewing the application because site plan application 22047 was deemed adequate in 2022.” (See Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 27 of 33 Finding #2 within Application 23214 Findings of Fact and Order Overturning Conditional Approval of the Sundance Springs Subdivision Phase 1B Commercial Lot 2 Site Plan Application 22047) In keeping with requirements of code and the Commission’s direction, the present application, which received adequacy on 10/22/2025, was reviewed in accordance with 2025 municipal code standards for the B-1 zoning district. • Public Concern: Concerns regarding the proposed uses and their conformity with the B-1 zone and PUD Guidelines. Staff Response: The preliminary proposed uses in this site plan application do not function as entitlements because the buildings are proposed as shell construction. If approved, the site plan only allows for the construction of shell buildings with no entitled use. Once a property owner opts to unitize portions of the building through the Declaration of Unit Ownership Act or if they opt to rent to commercial tenants, the eventual end user (either unit owner or renter) will have to submit a Tenant Improvement Application, which is a form of building permit application. When such an application is received, the City will review the proposed use and proposed tenant improvements in relation to an approved site plan and determine compliance with zoning at that time. Preliminary proposed uses when a shell building is proposed with no determined tenants and uses exist allows staff to evaluate the development against infrastructure requirements such as estimating potential traffic volume, parking requirements, minimum water and wastewater capacities needed to service the variety of uses. If approved, approval of this site plan does not entitle any of the uses proposed by the applicant. • Public Concern: Concerns that studies relating to wildlife, noise and environment have not been submitted with this application. Staff Response: Submittal requirements for site plan applications are found at 38.220.080. While a site plan application must include information related to existing on-site conditions, including “unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than two and one-half inches, by species,” studies relating to these elements are not required by the BMC or Montana law as a part of site plan applications. This information was supplied by the applicant. (see Wetland Delineation Report) Many of these items (except a noise impact study) are reviewed at the time of subdivision. The subdivision was approved, as the City Commission found that impacts to wildlife and the environment could be mitigated with the conditions imposed by preliminary plat approval, and those conditions were met in achieving final plat approval. Additionally, the Design Guidelines, found in the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services restricts the operational hours of businesses and requires that no use may operate between the hours of 9pm and 7am. All businesses operating within the subject property must comply with operating hours prescribed by the Sundance Springs Neighborhood Services Property PUD, as long as the PUD is in effect for this parcel. (See Condition of Approval #2) • Public Concern: Concerns regarding depreciation of home values, destruction of the neighborhood, the natural beauty of the empty lot, the success of other commercial developments. Staff Response: None of these are criteria within Bozeman Municipal Code in the review of site plan applications. The City Commission determined, at the time of PUD approval, that all uses allowed in the B-1 zoning district are appropriately placed in proximity to this residential neighborhood. • Public Concern: Concerns were raised regarding potential document tampering, missing documents, and that the City lacks final approval of the PUD. Staff Response: A previous application was reviewed and approved by the Community Development Director on this property. The City Commission overturned the Director’s decision. The issue of Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 28 of 33 missing documents, including the final PUD approval, was considered during the appeal. The City Commission’s Findings of Fact for appeal 23214 include the following: “The City had sufficient documents within the surviving record to evaluate site plan application 22047.” (See Finding #1 within Application 23214 Findings of Fact and Order Overturning Conditional Approval of the Sundance Springs Subdivision Phase 1B Commercial Lot 2 Site Plan Application 22047) As with the previous site plan development application, the City has sufficient documents to evaluate site plan application 25238. • Public Concern: Concerns that this application was not reviewed against the Design Guidelines of the Sundance Springs PUD. Staff Response: In overturning the Director’s decision on the previous site plan application, the Commission issued the following finding: “The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD, the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application.” (See Finding #3 within Application 23214 Findings of Fact and Order Overturning Conditional Approval of the Sundance Springs Subdivision Phase 1B Commercial Lot 2 Site Plan Application 22047) This staff report provides a thorough analysis of the design guidelines in section 11 of this report, below. Staff has determined that this application conforms to all standards articulated in the design guidelines. • Public Concern: Concerns regarding the location and design of the trash enclosure. Staff Response: BMC Section 38.520.070.B.3. states “Service areas must not be visible from the sidewalk and adjacent properties. Where the review authority finds that the only option for locating a service area is an area visible from a public right-of-way, internal pathway or pedestrian area, or from an adjacent property, the area must be screened with structural and landscaping screening measures provided in subsection C below and division 38.550.” Given that this property is wholly surrounded by public rights-of-way and open space, the location of the trash enclosure is likely to be visible from sidewalks, paths, and adjacent properties no matter how it is sited. As such, the applicant has shown a trash enclosure which is architecturally similar to the main structures and contains heavy gauge site obscuring materials. This complies with Subsection C.1.a. and b of the code. The inside of the enclosure is not visible from surrounding streets, so subsection C.1.c. is not applicable. the trash collection point was reviewed by the solid waste department who found the location and function of the enclosure acceptable for delivery, removal, and pick up operations, which complies with subsection C.1.d. Lastly, the enclosure is screened with plants by a buffer of at least 5 feet on sides and rear. The trash enclosure complies with Bozeman Municipal Code. As discussed in section 11 of this staff report, below, staff also finds that the trash enclosure complies with design guideline requirements. • Public Concern: The design destroys the comfortable walking environment in the surrounding open space. Staff Response: BMC Section 38.520.040.A. the intent statement says the intention of the following regulations is “To improve the pedestrian and bicycling environment by making it easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and connections throughout the city.” Any Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 29 of 33 application which complies with Section 38.520.040. would create an “easier, safer, and more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit stops, through parking lots, to adjacent properties, and connections throughout the city.” The application complies with Section 38.520.040 by providing pedestrian connections from the adjacent sidewalk, creating bike and pedestrian facilities along South 3rd Avenue, and providing connection to the existing trail system within the open space. See Section 7b. of this staff report for further discussion of compliance with BMC’s standards for non-motorized circulation. • Public Concern: Concerns regarding parking lot screening for residential adjacency. Staff Response: This site is wholly surrounded by open space on all property bounds, except the frontage along Little Horse Drive. Across Little Horse Drive is a commercially zoned lot. The open space surrounding the rest of the property maintains a parks and open space use, which is not a residential use. Therefore, there is no residential adjacency to apply to this site. • Public Concern: Concerns that the sidewalk between the parking and the building is not the minimum 7 feet in width as required by BMC Section 38.540.020.L. Staff Response: Both the Civil Site Plan and Landscape Plan show a 7-foot sidewalk abutting the parking to ensure that the curb serves as an adequate wheel stop. • Public Concern: Concerns that the landscaping within the snow storage areas may be damaged by snow storage. Staff Response: In this instance, it would be possible to leave the snow storage areas without curbing which would create a large asphalt area lining the drive. However, such a design conflicts with other sections of code in 2 ways. First, it creates a drive aisle which would be too wide and would fail to meet Block Frontage Standards both for parking width and for landscaping between the building and the street (see Table 38.510.030.C.). Additionally, when snow falls in Montana for 6 or more months of the year, it creates a blanket over critical information which is painted on roads and parking lots to direct traffic. This could create parking issues by leaving the site overparked or create dangerous site vision triangles for vehicles exiting and entering the site. City Staff determined the best outcome was to have the applicant provide a snow storage area which will reduce the heat island effect caused by pavement in the summer, create a better streetscape view in the summer, and will subsequently better direct traffic in winter months to ensure safe traffic and parking movements on site. Lastly, most native landscaping required by code is unaffected by snow storage as native landscaping in compliance with code is adapted to winter dormancy and heavy snow loads through a long winter. 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions NA Required easements Yes Comments: No further subdivision of the lot is proposed and none are required. Required easements have been reviewed and addressed by the Engineering Department, Northwestern Energy, and Water/Sewer Division. Any required easements have been addressed as code provisions. (see Code Provision #3) 11. Conformance with PUD Design Guidelines Meets Code? Article VIII Building and Site Development Yes 8.1 Intent of Design Criteria No Standards Articulated 8.2 General Regulations Yes 8.3 Density, Allowable Uses, Allowable Areas and Setbacks Yes Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 30 of 33 Comments: During its public hearing on the appeal of a previous application for development of the subject property, the City Commission found that: “The design guidelines, which were a required component of the original Sundance Springs PUD approval, are integral to this PUD. In the Sundance Springs PUD, the design guidelines are incorporated within the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property. The Director should have considered and applied the design guidelines for the Sundance Springs PUD, which are incorporated within the Covenants, to this site plan application.” Accordingly, this staff report analyzes the design guidelines incorporated in the Declaration of Covenants, Conditions, and Restrictions for Sundance Springs Section II Neighborhood Services Property (CCRs). The design guidelines are found in sections VII, IX, and X of the CCRs. Article VIII, section 8.1 contains the intent of the design criteria and does not set forth any specific standards or criteria for site design. Approval by the Sundance Springs Building and Landscape Review Committee (BLRC) is required prior to application to the City of Bozeman for a building permit. The applicant cannot apply for a building permit from the City of Bozeman until a site plan application is approved. However, the applicant has already submitted approval from the BLRC for its proposed design and was included in the application materials (BLRC Approval). Article VIII, section 8.1 requires conformance with standards of the City of Bozeman zoning regulations, as well as any other regulatory agencies having jurisdiction. The old designation of Neighborhood Service District no longer exists, but its equivalent is the Neighborhood Business District, still designated as the B-1 zoning district in code today. Sections 1-10 of this staff report provide detailed analysis of the application’s conformance with all relevant zoning regulations and concludes that the application does comply. The City is unaware of any other regulatory agency with jurisdiction over this property. Article VIII, section 8.3 provides that the density, permitted uses, and buildable area of the lot must conform to Bozeman zoning regulations. As discussed in sections 1-10 of this staff report, the proposed development conforms with all zoning regulations. Additionally, this section of the CCRs provides that “All buildings or structures shall have a minimum of a fifty (50) foot setback from streams or ponds on the property. Unless otherwise specified, the setbacks are to be those as allowed by the Bozeman Zone Code for Neighborhood Services.” There is no stream or pond on the property. As discussed in section 5 of this staff report, the application conforms to all building setback requirements found in the BMC. 8.4 Height Limits Yes Maximum height allowed: 34ft Maximum height proposed: 33ft 8.5 Minimum and Maximum Building Sizes Yes Minimum building size: 1,200 square feet Maximum building size: 5,000 square feet West Building floor area proposed: 4,971 square feet East Building floor area proposed: 4,960 square feet 8.6 Foundation Design Yes Comments: As noted in section 9 of this staff report, the Findings of Fact from appeal 23214 do not include any findings that there must only be one building on this site with a maximum size of 5,000 feet because no commissioner agreed with appellants’ assertion that the site was restricted to the construction of only one building. Only Mayor Cunningham mentioned the appellants’ assertion that there could only be one building on the site and he expressly stated that he agreed with staff analysis on the point and did not Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 31 of 33 believe that a restriction to only one building existed in the design guidelines. The proposed buildings comply with specific standards articulated in sections 8.4 through 8.6 of the CCRs. Article IX Building Guidelines Yes 9.1 Intent No Standards Articulated 9.2 Roofs Yes No Roof line should extend more than 40 feet without interruption. Yes Pitches Yes Minimum Roof Pitch for major components: 6:12 Minimum Roof Pitch for Minor components: 4:12 West Building Roof Pitch: 7:12 East Building Roof Pitch: 6:12 (minor components 4:12) Eaves on major roof components must extend 18 inches from the wall and have a fascia of a minimum 6” in height Yes Comments: The roof form is a standard gabled roof, which is stated as desirable in section 9.2.a). There are similarly gabled secondary roof structures stacked on the primary roof form which comply with Section 9.2.c). All major roof components meet required minimum pitches and eaves. All extend a minimum of 2 feet from the nearest wall, with some roof forms extending up to 5 feet. Fascia for both buildings are 8 inches in height. Roof lines have breaks at a minimum of every 40 feet. The proposed buildings comply with Article IX, sections 9.1 and 9.2 of the Design Guidelines found within the CCRs. 9.3 Roofing Materials Yes Comments: The applicants have proposed asphalt composition shingles which require approval from the Building and Landscape Review Committee (BLRC). The applicants submitted approval from this committee for the asphalt shingles. Roofing materials are compliant with PUD Design Guidelines 9.4 Gutters Downspouts and Flashing Yes 9.5 Roof Mounted Equipment and Ventilating Roof Projections Yes 9.6 Exterior Walls Yes Materials, Colors, Concrete, Chimneys, Wall Form, Windows and Doors Yes Comments: These elements all comply with design guidelines. The gutters, downspouts, and flashing are all architecturally congruent with the building, no roof mounted equipment is visible, and the exterior walls comply with the earth town color requirements, there is no concrete visible for more than 8 inches, and no wall extends for more than 14 feet without a window or door or other architectural feature. The proposed buildings are new construction. The applicant has submitted approval from the BLRC for its proposed design and was included in the application materials (BLRC Approval). 9.7 Decks, Balconies, and Porches NA 9.8 Parking Yes Comments: Parking complies with standards of Bozeman Municipal Code (as required by the PUD Guidelines). See Section 7d. of this staff report for further discussion on parking compliance. Additionally, condition of approval #3 honors the PUD requirement prohibiting on-street parking by requiring No Parking signs be installed on nearby streets. The property owner’s association must be responsible for ensuring that no long-term storage of cars or other vehicles occurs in the parking lot. Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 32 of 33 9.9 Energy Considerations NA Comments: Applicants have not proposed alternative heating methods like coal, wood, or wood biproducts. Article X Site Development and Landscape Guidelines Yes 10.1 Street to Parking Access and Culverts Yes 10.2 Driveway and Swale Prohibitions NA 10.3 Sidewalks NA 10.4 Fences NA 10.5 Privacy Screening NA 10.6 Antennas and Satellite Dishes NA Comments: Most of these criteria are not applicable. The applicant has not proposed any privacy screening, fencing or satellite dishes or antennae. Sidewalks have already been constructed, except the sidewalk along South 3rd connecting Little Horse Drive to Ellis View Loop. This sidewalk is shown on the site plan and must be constructed prior to occupancy. The applicant proposes to pave the entrance and will not obstruct existing driveway swales. Entrances to parking areas will be surfaced with asphalt or concrete. As described above in this staff report, there is no legal access to the site from South 3rd Avenue, as an open space parcel prevents a legal access from being created. Access to the site complies with zoning regulations. 10.7 Exterior Lighting Yes Comments: Lighting is in compliance. Bozeman Municipal Code requires that lighting be full cut off which is more stringent than the PUD Design Guidelines requirement that lighting must be directed down or away from streets. The lighting is compatible with the architectural design, and lights are concealed within the structure or lighting elements (when utilized for landscaping) No lights are taller than the 20-foot height maximum allowed by the Design Guidelines. Lighting complies with the PUD Design Guidelines. As noted in the staff report above, no signs were proposed or analyzed as part of this application. Review of zoning regulations related to signs and sign lighting, as well as this provision of the CCRs, will be conducted when the City receives any application for a sign permit. 10.8 Utilities Yes 10.9 Storage Sheds NA 10.10 Temporary Structures NA 10.11 Solid Waste Containers Yes 10.12 Mailboxes NA 10.13 Construction Debris, Materials, Storage and Clean-up Yes Comments: All utilities are underground, there are no storage sheds or temporary structures associated with this application. As detailed in the public comment section, the trash enclosure is architecturally similar to the proposed structures and complies with the Design Guidelines of the PUD as well as with Bozeman Municipal Code. No mailboxes are associated with this application and Construction debris, materials and storage and cleanup will be reviewed prior to building occupancy. Additionally, at any time during construction, the property owner’s association may enforce CCRs related to cleanliness of the construction site. The applicant has proposed this as a single phase development so no removal of construction materials and debris must be remedied prior to occupancy. Staff Report Sundance Springs Commercial Lot 2 SP Application No. 25238 December 4, 2025 Page 33 of 33 10.14 Signs NA Comments: Signage was not proposed and has not been reviewed as a part of this application. Future Building Permit Applications for signage will be reviewed for compliance with all sign standards of the CCRs and Bozeman Municipal Code. 10.15 Landscaping Yes 10.16 Landscaping Maintenance Yes Comments: Landscaping maintenance will be enforced by the property owner’s association. There are no rock or gravel type ground covers utilized solely for landscaping, as prohibited by this section. There is a gravel fines trail which serves as a walking path for the proposed open space, which requires approval by the BLRC. The applicant has already submitted approval from the BLRC for its proposed design and was included in the application materials (BLRC Approval). Landscaping complies with all standards of the Sundance Springs PUD and Bozeman Municipal Code. 10.17 Trees Yes Comments: The PUD Design Guidelines require that 30% of trees required by Bozeman Municipal Code must be conifers. Bozeman Municipal Code generally does not prescribe specific types of landscape planting, and in general only restricts overutilization of turf grass and requires landscape plantings as screening (without specifying type of landscaping). The one zoning regulation which does require trees is that parking lots are required to have: “b. Large canopy trees, large non-canopy trees or small trees must be provided in, or within 20 feet of, the parking lot at a minimum average density of: (1) One large canopy tree; or (2) One large non-canopy tree and one small tree; or (3) Three small trees for each nine parking spaces required or provided. c. No parking space shall be located more than 70 feet from the trunk of a tree. (BMC Section 38.550.050.B.2.b., c., and d.)” As such there are approximately 6 trees required by Bozeman Municipal Code, and the applicant proposes 5 conifers, resulting in a ratio of 83.3% of required trees being conifers. Trees shown on the landscaping plan comply with all standards of the CCRs and Bozeman Municipal Code. Required parking lot trees are dispersed through the parking lot area in compliance with BMC Article 5. Trees are clustered at the entrance and along the designated commercial open space, in compliance with the PUD Design Guidelines.