HomeMy WebLinkAbout25296 Staff Report FINAL Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 1 of 31
Application No. 25296 Type Site Plan
Project Name Rocky Mountain Flats SP
Summary A Site Plan application to construct three multi-household apartment buildings for a total of 296 units. Two
of the proposed buildings will be four stories and contain 111 units each. The third building will be five
stories and contain 74 units. The proposed development will also contain residential amenities such as a
covered exterior patio, decks, and shared open spaces provided by dedicated parkland, walking paths,
picnic areas, a dog park, and a playground. Vehicle access to the site will be provided from Fowler Lane,
with new city streets extended from the adjacent Buffalo Run development to the north, and the extension
of Meah Lane through the site connecting to Fowler Lane. Additionally, the application includes
associated design and infrastructure improvements pertaining to stormwater, vehicle and bicycle parking,
landscaping, lighting, and pedestrian pathways. One departure is requested with the application to the
Special Residential Block Frontage standards under BMC 38.510.030.J. To protect the privacy and
comfort of the ground-floor residential units, the applicant will provide a combination of guardrails and
dense vegetation screening to provide the necessary privacy between the buildings and adjacent
pedestrian pathways. The project proposes utilizing the incentives for affordable housing as outlined in
BMC 38.380.040, specifically Type C Incentives, with 100% of the units to be deed-restricted at 60% AMI.
The proposed incentives requested are one additional story of height (maximum 15 feet per story) within
the R-4 zoning district per BMC 38.380.040.E.3.a; minimum vehicle parking requirement of 0.75 space
per dwelling unit per BMC 38.380.040.E.3.d; bicycle racks provided must exceed or equal 50% of the
number of dwellings within the development per BMC 38.380.040.E.3.e; and the minimum lot area per
dwelling does not apply per BMC 38.380.040.E.3.f.
Zoning R-4 Growth Policy Urban Neighborhood Parcel Size 10 acres (6.37 acres net)
Overlay District(s) N/A
Location 5532 Fowler Lane; parcel is located approximately 700 feet south of the intersection of Fowler Lane and Kurk
Drive
Legal Description 10 acres in the N ½ of the S ½ of the SW ¼ of the SW ¼ in Section 23, Township 2 South, Range 5 East,
located in P.M.M., City of Bozeman, Gallatin County, Montana
Owner KDG Holdings, LLC, 5532 Fowler Lane, Bozeman, MT 59715
Applicant Rocky Mountain Flats, LLLP, 1004 South Avenue, Missoula, MT 59801
Representative Encompass Design, Inc., 1534 Liberty Lane 110B, Missoula, MT 59808
Staff Planner Bailey Minnich Engineer Alicia Paz-Solis
Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad
1/12/2026 – 2/3/2026
1/9/2026 1/9/2026 N/A
Advisory Boards Board Date Recommendation
Development Review Committee 1/6/2025 Adequate for further review with applicable
conditions and code provisions.
Recommendation The application is sufficient for approval with conditions and code provisions.
Decision Authority Director of Community Development or her designees Date: 2/18/2026
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 25296
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 2 of 31
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 comments 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 to construct three multi-household
apartment buildings for a total of 296 units. Two of the proposed buildings will be four stories and contain 111 units each.
The third building will be five stories and contain 74 units. The proposed development will also contain residential amenities
such as a covered exterior patio, decks, and shared open spaces provided by dedicated parkland, walking paths, picnic
areas, a dog park, and a playground. Vehicle access to the site will be provided from Fowler Lane, with new city streets
extended from the adjacent Buffalo Run development to the north, and the extension of Meah Lane through the site
connecting to Fowler Lane. Additionally, the application includes associated design and infrastructure improvements
pertaining to stormwater, vehicle and bicycle parking, landscaping, lighting, and pedestrian pathways. One departure is
requested with the application to the Special Residential Block Frontage standards under BMC 38.510.030.J. To protect
the privacy and comfort of the ground-floor residential units, the applicant will provide a combination of guardrails and dense
vegetation screening to provide the necessary privacy between the buildings and adjacent pedestrian pathways. The project
proposes utilizing the incentives for affordable housing as outlined in BMC 38.380.040, specifically Type C Incentives, with
100% of the units to be deed-restricted at 60% AMI. The proposed incentives requested are one additional story of height
(maximum 15 feet per story) within the R-4 zoning district per BMC 38.380.040.E.3.a; minimum vehicle parking requirement
of 0.75 space per dwelling unit per BMC 38.380.040.E.3.d; bicycle racks provided must exceed or equal 50% of the number
of dwellings within the development per BMC 38.380.040.E.3.e; and the minimum lot area per dwelling does not apply per
BMC 38.380.040.E.3.f. The site is zoned R-4, Residential High Density District, and the proposed use is consistent with the
allowable uses in the R-4 zoning district. 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 has been found to meet 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 _18th_day of _February__, 2026, 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 HER DESIGNEE
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 3 of 31
CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
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. A final set of construction drawings and a pre-construction meeting request must be submitted to the Parks
Department a minimum of 30 days prior to beginning construction of parkland or improvements.
3. A completed License Agreement must be submitted prior to beginning any construction or improvements in the
parkland area.
4. Conditions of Approval regarding ditches:
a. Written consent must be obtained from the owners of water rights being conveyed in the ditches on the
property or within 100’ of the exterior boundary of the property to authorize the proposed construction of
permanent ditch impacts, such as crossing culverts, longitudinal ditch piping, ditch relocations, or ditch
abandonments. Such written consent must be obtained prior to public infrastructure plan approval or final
site plan approval, whichever occurs first. Holders of contract interests in water rights derived from the
ownership of corporate shares in a ditch company or water users association are not water right owners for
purposes of obtaining written consent of the proposed ditch impacts. For abandonment of ditches, an
easement release acceptable to the City Attorney must be provided, which may in the event of a ditch
easement dispute require action from a court of law with jurisdiction.
b. Prior to public infrastructure approval or final site plan approval, whichever occurs first, the applicant must
provide a hold harmless, defense, and indemnity agreement acceptable to the City Attorney whereby the
applicant agrees to indemnify, defend, and hold the City harmless against any cause of action, including
without limitation alleged violation of MCA 70-17-112, caused by or in any way related to the City’s approval
of the proposed development plan.
c. The applicant shall ensure that drainage continuity of the east Fowler ditch is maintained. Drain pipe sizing
must be sufficient to accommodate upgradient runoff during the design storm, along with the conveyance of
water rights historically conveyed to the east ditch.
5. Conditions of Approval regarding wetlands:
a. BMC 38.220.130.A.2 (a.2) - Prior to final site plan approval, the applicant must provide an Approved
Jurisdictional Determination (AJD) issued by the U.S. Army Corps of Engineers. The determination shall be
consistent with the impacts identified in the 21‑RMF Joint Application.
b. BMC 38.220.130.A.2 (a.2) and (a.9); BMC 38.220.130.A.3.a and b; BMC 38.610.080.A.2; BMC
38.610.080.A.3 (4a); BMC 38.610.090.L – Prior to final site plan approval, the applicant must:
i. Revise the Rocky Mountain Flats wetland narrative, figures, and wetland documentation to be
internally consistent and to match the impacts shown in the 21-RMF Joint Application, including
road widening, trail systems, and building development.
ii. The impacts include changes in hydrology as the ditch is diverted south of the property to the other
side of Fowler. This will likely remove hydrology for all wetlands north of the diversion, converting
them to uplands. Therefore, the total loss of wetland north of the diversion should be considered in
the total impact. Provide any additional delineation on the property to the south from the diversion
to the existing wetland delineation.
iii. Revise the wetland table to include all required information, including buffers for all wetlands within
the City.
iv. Provide the information identified as missing on page 5 (17-RMF-Wetland Review) and revise the
narrative, figures, and/or table as needed to incorporate that information.
c. BMC 38.610.090.I - Prior to final site plan approval, the applicant must include a narrative for the proposed
impact on Wetland 3. No narrative is provided for the reason for this impact. The applicant must address
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Application No. 25296
February 18, 2026
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how it will be conducted off property, or how it will ensure continued hydrological connection to down-
gradient aquatic systems.
d. BMC 38.610.090.L – Prior to final site plan approval, a narrative must be provided as to how the hydrology
will be maintained and indirect impacts will be avoided.
e. BMC 38.610.080.B; 38.610.090.A – Prior to final site plan approval, the applicant must submit a wetland
buffer protection and maintenance plan for regulated features, including fringe wetlands on the ditch and
any remaining wetlands after fill. The plan must show the required 25-foot buffer where applicable, identify
buffer encroachments (including the new road on the south side of the property and Meah Lane), and
describe how buffers will be maintained and adjusted to the remaining wetland edge where wetlands are
partially filled.
6. The subject property is within the boundaries of the Meadow Creek Subdivision Sewer Payback. An assessment of
payback charge will be required with any future connection to the City’s system. Reference document Gallatin County
Clerk and Recorder #2293493. The applicant is advised that the payback must be paid prior to final site plan
approval.
CODE PROVISIONS
1. BMC 38.410.060.B.4. Private Utility Easements. No building shall be constructed that encroaches on a private utility
easement unless written approval from all utility companies is provided to the community development department.
The applicant must provide written approval from all applicable utility companies for the concrete patio, stairs, and
roof overhangs within the private utility easements prior to final site plan approval.
2. BMC 38.380.030.D. Affordable Housing Plan Required. An approved affordable housing plan binds the applicant
and the applicant's successors in interest to comply with the plan for the duration of the affordability period. The
approved affordable housing plan must be incorporated into a recorded restrictive covenant, deed restriction, or
other document (referred to as the compliance document) acceptable to the city attorney, which implements the
affordable housing plan. The compliance document must be recorded in the records of the county clerk and
recorder as follows: 2. For site plans, unless a compliance document was recorded with the subdivision, the
compliance document must be recorded prior to the issuance of a building permit. The affordability period begins on
the date of issuance of a certificate of occupancy. Please contact the City of Bozeman Affordable Housing Manager
to complete this process.
3. BMC 38.410.130. Water Rights. The applicant must provide the CILWR fee payment and the receipt to the Review
Engineer to demonstrate compliance with water adequacy provisions prior to final site plan approval.
4. BMC 38.420.030. Cash donation in lieu of land dedication. The finalized cash donation in lieu of land dedication
(CILP) has been determined by the Parks Department and must be paid prior to final site plan approval.
5. BMC 38.220.080.A.2.o. Site Plan Submittal Requirements. The information necessary to complete the
determination of density change and parkland provision required by section 38.420.020.B, unless such information
was previously determined by the city to be inapplicable and written confirmation is provided to the applicant prior to
submittal of a preliminary site plan application. If a new park will be created by the development the park plan
materials of section 38.220.060.A.16 must be provided. The included Parkland Tracking Table and final
improvements-in-lieu package, including all supporting documents, must be updated and approved by the Parks
Department prior to final site plan approval.
6. BMC 38.420.080.A.2. Park Development. Parks must have an irrigation water supply that is legally and physically
adequate to meet the irrigation water demands of the park landscape. The developer must ensure the city obtains
legal ownership of any irrigation water rights used to irrigate parks. Evidence must be provided, prior to final site
plan approval, that the developer has submitted and received an authorization of a Notice of Intent (Form 602I) from
the Department of Natural Resources and Conservation (DNRC). Evidence of an Authorization of a Notice of Intent
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Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
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must be included with the submittal of the final set of construction drawings and request for a pre-construction
meeting. Parks Department staff are available to assist with completion of the 602I.
7. BMC 38.510.030.J. Special Residential Block Frontage Standards. The applicant must pay the required departure
fee of $465 prior to final site plan approval.
8. BMC 38.560.020. Sign Permit Requirements. A sign permit is required prior to the installation of any signs on the
subject site.
9. BMC 38.570.040.G.2. Site Lighting. All outdoor lighting fixtures must be shielded in such a manner that no light is
emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light
emitted above the horizontal plane is eliminated. The cutsheets for the proposed lighting fixture type E5 on the
submitted photometric plan were not included in the application. The applicant must provide the required lighting
cutsheets for this lighting fixture prior to final site plan approval to demonstrate compliance with this code provision.
10. BMC 38.220.020.A – Streambed/Streambank/Wetlands Permits. The applicant must provide the formal Gallatin
Conservation District (GCD) watercourse determination letter (and 310 Permit, if required) prior to the
commencement of any work on the site and/or final plan approval, whichever is sooner.
11. BMC 38.410.060.D.3: For the ditches that are proposed for realignment or relocation, the required professional
engineer certification must be provided prior to final site plan approval.
12. BMC 38.410.060 Easements. The applicant must provide executed copies of all public and private easements
signed by a professional surveyor (PS) or a professional engineer (PE) prior to final site plan approval, including but
not limited to:
a. “Ditch” easements for agricultural water user facilities (BMC 38.410.060.D)
b. Drainage Easement
c. Public Park Easement
d. Public Access Easement
e. Public Street and Utility Easement
f. Private Utility Easement
13. Design and Construction Standards (DCS) Ch 6, Att. D - Prior to final site plan approval, provide a copy of the
acknowledgement of stormwater facilities maintenance requirements signed by the owner.
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Application No. 25296
February 18, 2026
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Figure 1: Current Zoning Map
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Figure 2: Growth Policy Designation
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Figure 3: Overall Site Context
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Figure 4: Site Plan – East
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Figure 5: Site Plan – Center
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Figure 6: Site Plan – West
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Figure 7: Landscaping Plan – East
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Figure 8: Landscaping Plan – Center
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Figure 9: Landscaping Plan – West
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Figure 10: Building Type 1 Elevations
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Figure 11: Building Type 1 Elevations
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Figure 12: Building Type 2 Elevations
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ANALYSIS AND FINDINGS
Analysis and resulting recommendations 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 Urban Neighborhood Yes
Zoning R-4, Residential High Density District Yes
Comments: The Bozeman Community Plan 2025, on pages 69 and 73, discusses how zoning regulations are made in
accordance with a growth policy. Zoning is the primary implementation tool for the land use plan and sets standards to be
followed during development. Zoning sets the character of an area by applying use and development standards, and
addresses public safety, public welfare, and compatibility between uses. The adopted regulations in Chapter 38, the
Uniform Development Code (UDC), are the result of the Commission considering and balancing a wide range of issues,
and the regulations provide an overall compliance basis of evaluation of the specific development application to the aims
and aspirations of the growth policy. This balancing in crafting regulations means that individual goals or objectives are
not maximized to the exclusion of other priorities, and evaluation occurs against the whole of the growth policy. Applicants
are entitled to approval when the application conforms to adopted standards.
R-4 is an implementing district of the 2025 Community Plan designation of Urban Neighborhood and is supported by the
following goals:
- Goal N-1.1: Promote housing diversity, including missing middle housing. Staff Comment: This project proposes
a total of 296 residential dwelling units within three apartment buildings, with 100% of the units restricted to
households earning 60% Area Median Income (AMI) in accordance with the submitted Affordable Housing Plan.
The number of proposed units, including those restricted within the Affordable Housing Plan, will provide diversity
in the housing types available within the City of Bozeman.
- Goal N-1.11: Enable a gradual and predictable increase in density in developed areas over time. Staff Comment:
The subject property is located in an area of higher density zoning districts along Fowler Lane. While located at
the southern extent of City limits, this area is surrounded by R-4 zoning to the north and R-3 zoning to the east.
Fowler Lane is classified as a Minor Arterial, anticipating higher levels of density and services. The location of the
proposed site directly off Fowler Lane and adjacent to existing developments creates a predictable increase in
density by establishing a transition between higher density developments and standard single-household
residential properties further to the east.
- Goal DCD-1: Support urban development within the City. Staff Comment: This project is the development of three
apartment buildings providing higher-density residential units with 100% of the units proposed for affordable
housing for residents earning 60% of the Area Median Income (AMI). The proposed site is located adjacent to
Fowler Lane, which is designated as a Minor Arterial classification and anticipated for higher levels of density and
city services. The proposed development will also include the extension of Meah Lane to Fowler Lane through
the site, and extensions of Edgerton Avenue and Gabriel Avenue from the adjacent development, Homestead at
Buffalo Run. This will extend the existing transportation grid throughout this area of town, providing better
connectivity for vehicles and pedestrians.
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February 18, 2026
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Growth Policy – 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 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.
Staff Comment: As described through the above goals and strategies, the proposed project conforms to the Bozeman
Community Plan 2025 designation of Urban Neighborhood by providing urban density homes within city limits in proximity
to streets anticipated for higher levels of development and promoting housing diversity through the associated Affordable
Housing Plan. The apartment use as denoted within the site plan submittal is allowed within the R-4 zoning district, and
the project conforms to the requirements of the R-4 zoning district. The property is within the City’s municipal service area
and complies with the goals and objectives of the growth policy and other supporting city plans. No conflicts between the
proposed use, zoning compliance, and the growth policy are identified.
2. Conformance with Article 1 - All other applicable laws, ordinances, and regulations
(38.100.080)
Condominium ownership N/A
Comments: The proposed project does not include any condominium units. If condominiums are proposed in the future,
they would be reviewed through a separate process after approval of the current site plan application. 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. The Building Division of the Department of
Community Development 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 N/A
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: 8 Yes
Comments: The application meets all site plan submittal material requirements with the inclusion of applicable conditions
of approval and code provisions, which must be met prior to building permit approval, concurrent construction, if
applicable, or otherwise as indicated accordingly for each listed condition or code provision. The site plan is proposed to
be completed as a phased project. There are a total of 8 phases, with phases 1 through 7 mainly related to site
preparation and infrastructure installations. Vertical construction is not anticipated to begin until Phase 5, with phased
occupancy occurring throughout Phase 8. Building C, located on the eastern portion of the site, is proposed to obtain
occupancy first under Phase 8A. Phase 8B would include the occupancy of Building B, located in the center of the site.
Finally, Phase 8C would include the occupancy of Building A, located on the western portion of the site, and all remaining
infrastructure.
Any additional use permit (Conditional Use Permit) 38.230.120 or (Special use Permit) 38.230.120 N/A
Comments: No conditional or special uses are proposed.
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February 18, 2026
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5. Conformance with Article 3 - Zoning Provisions (38.300) Meets
Code?
Permitted uses 38.310 Apartments/apartment building Yes
Form and intensity standards 38.320
Zoning: R-4
Setbacks Structures Parking / Loading Yes
Front 15-feet; Block
Frontage –
Mixed/Landscaped
N/A
Rear 20-feet N/A
Side 5-feet N/A
Side or Rear
adjacent to
Alley
N/A N/A
Comments: Apartments and apartment buildings are permitted uses within the R-4 zoning district. The proposed
structure will comply with all R-4 zoning district setbacks. All buildings are proposed to be 15 feet from the back edge of
the adjacent sidewalk along all street frontages. All side and rear setbacks are met with the proposed buildings. BMC
38.350.050.A.1 allows the encroachment of eaves, awnings, and steps to extend a maximum of 5 feet into any required
front setback. The proposed Building C, along the eastern side of the site, will have a front entrance roof eave that
extends a maximum of 5 feet into the front setback along Meah Lane. Building B, located in the center of the
development, is also proposing to extend the front entrance roof eave into the front setback along Meah Lane. This
entrance also includes a concrete patio, which is proposed to extend into the adjacent utility easement along Meah Lane.
In order to encroach into the utility easement, the applicant must obtain approval of the encroachment from all utility
companies per BMC 38.410.060.B.4. This is included as code provision #1 and must be completed prior to final site
plan approval. If the approval cannot be obtained, the applicant would be required to complete a modification to the site
plan approval and remove the proposed encroachments. The proposed site plan is subject to applicable block frontage
standards. The block frontage designation along Fowler Lane is Mixed. BMC 38.510.030.D.2 requires the applicant to
choose either Storefront or Landscaped block frontage standards for conformance. The applicant has chosen to comply
with the Landscaped block frontage standards along Fowler Lane. Additionally, BMC 38.510.020.B requires all block
frontages within residential zones to be subject to the Landscaped block frontage standards. Therefore, the other
proposed street extensions will also be reviewed under the Landscaped standards. The Landscaped block frontage
standards require a minimum front setback building placement of 10 feet. Since the R-4 front setback requirement is
greater, the proposed buildings must comply with the 15-foot front setback.
Lot coverage 27% Allowed 50% Yes
Building height 60 feet, 4
inches to the
top of parapet
wall;
Allowed 60-ft with affordable
housing incentives
Yes
Comments: Lot coverage, building height, and density form and intensity standards are met with the proposed design. The
R-4 zoning has a minimum density of 8 dwelling units per net acre required for all new developments. Based on the proposed
total net acreage of the proposed development, which does not include associated rights-of-way or dedicated parkland, the
project is proposed to have a density of 40.6 units per acre. This exceeds the minimum requirement of the base zoning, and
there is no maximum density required under the Bozeman Municipal Code. The R-4 zoning district permits a maximum
building height of 40 feet for buildings with a roof pitch less than 3:12. Additionally, the project proposes utilizing the
incentives for affordable housing as outlined in BMC 38.380.040, specifically Type C Incentives, with 100% of the units to
be deed-restricted at 60% AMI. One of the proposed incentives requested is one additional story of height (maximum 15
feet per story) within the R-4 zoning district per BMC 38.380.040.E.3.a. Finally, the definition of building height in BMC
38.700.030 states if the vertical difference between grade is greater than 2 feet at opposite elevations of the building, the
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overall height of the building may be increased by one foot for every one foot in grade difference up to a maximum of 6 feet.
According to the submitted application materials, there is a 5-foot grade difference on the site. Therefore, the applicant is
proposing the overall building height to be increased by 5 feet as allowed under the definition. Using all the proposed
incentives and exceptions permitted within the Bozeman Municipal Code, the overall maximum building height permitted for
the project is 60 feet. The proposed 5-story building, Building B, located in the center of the site, will be a maximum of 57
feet, 6 inches to the bottom of the roof deck. With the included parapet, the overall building height will be 60 feet, 4 inches.
The proposed 4-story buildings, Buildings A and C, located along the eastern and western sides of the site, will be a
maximum of 47 feet, 4 inches to the bottom of the roof deck. With the included parapets, the overall building height will be
51 feet, 2 inches. BMC 38.350.050.D.2 permits parapets 4 feet or less, elevator and stair penthouses to be exempt from
the overall height limitations. Therefore, all proposed buildings are compliant with the maximum building height. Maximum
lot coverage is listed as 50% for the B-2M zoning district. The proposed development would have a building lot coverage
of approximately 27%.
Applicable zone specific or overlay standards 38.330-40 N/A
Comments: The project is not located within an overlay district.
General land use standards and requirements 38.350 Yes
Comments: The proposed buildings include parapet walls, elevators, and stair penthouses which extend above the
maximum height of the buildings; however, these are exempt from the height limitation of the zoning district per BMC
38.350.050.D.2. BMC 38.350.050.A.1 allows the encroachment of eaves, awnings, and steps to extend a maximum of 5
feet into any required front setback. The proposed Building C, along the eastern side of the site, will have a front entrance
roof eave that extends a maximum of 5 feet into the front setback along Meah Lane. Building B, located in the center of the
development, is also proposing to extend the front entrance roof eave into the front setback along Meah Lane. The proposed
parapet walls, elevators, stairs, and roof overhangs comply with the setback and height exemptions of this code section.
Applicable supplemental use criteria 38.360 Yes
Supplemental uses/type Agricultural Water User Facilities 38.360.280 Yes, with
conditions
of approval
and code
provision
Comments: The applicant has met the BMC 38.360.280 agricultural water user notification requirements. The proposal
includes ditch realignment/relocation and abandonment/filling of select east-side ditch segments to accommodate future
Fowler Lane widening. Per BMC 38.410.060.D.3, for any ditches proposed for realignment or relocation, the required
professional engineer certification must be provided prior to final site plan approval. Prior to public infrastructure approval
or final site plan approval (whichever occurs first), the applicant must satisfy all applicable Conditions of Approval and
Code Provision identified at the start of this document.
Wireless facilities 38.370 N/A
Affordable Housing 38.380 Yes
Affordable housing plan 38.380.030 Yes, with
code
provisions
Comments: In conformance with Sec. 38.380.030, the developer has proposed to construct affordable homes that meet
the standards in Table 38.380.020-2 and may apply certain incentives to all primary buildings in the development. The
applicant has requested 100% of the units to be deed-restricted at 60% AMI. The proposed incentives requested are
one additional story of height (maximum 15 feet per story) within the R-4 zoning district per BMC 38.380.040.E.3.a;
minimum vehicle parking requirement of 0.75 space per dwelling unit per BMC 38.380.040.E.3.d; bicycle racks provided
must exceed or equal 50% of the number of dwellings within the development per BMC 38.380.040.E.3.e; and the
minimum lot area per dwelling does not apply per BMC 38.380.040.E.3.f. In conjunction with the site plan approval, an
affordable housing plan has been reviewed by the Economic Development Department. Code provision #2 must be met
prior to issuance of a building permit for the execution of this affordable housing plan.
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 22 of 31
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 Yes
Access easements Yes
Level of Service
38.400.060
Yes Transportation grid adequate to serve site Yes
Comments: A Traffic Impact Study (TIS) prepared by a professional engineer was reviewed and accepted by the City.
The TIS evaluates future intersection operations at full buildout during the AM and PM peak hours. The TIS projects all
study intersections will operate at Level of Service (LOS) B or better at full buildout, except S. 19th Ave. & Blackwood
Rd., which is anticipated to operate at LOS C by 2027. Based on the TIS findings meeting the City’s adopted LOS C
standard, no mitigation is necessary as a result of the proposed development.
Primary access is provided by Meah Lane with direct access from Fowler Lane. Additional local street connections to
Edgerton Avenue and Gabriel Avenue are consistent with the planned street network. Edgerton Ave., Gabriel Ave., and
Meah Lane are city-standard local streets in 60-foot public street easements. All streets have on-street parking and city-
standard 5-foot sidewalks and 6.5-foot boulevards, with curb and gutter. S. 31st Ave. is within an existing 60-foot public
street easement and includes a proposed additional 1.5 feet of pavement widening to meet city standards, including 5-
foot sidewalks and 7.5-foot boulevards. Fowler Lane is a minor arterial street and is being improved to meet city
standards along the frontage of the development. This includes curb and gutter, a 20-foot boulevard, and a 10-foot
asphalt shared-use path adjacent to the proposed development.
These improvements meet the requirements of the code for establishing multimodal transportation connectivity in this
area.
Sidewalks 38.400.080 Yes
Comments: Meets code.
Drive access 38.400.090 Access to site: 1 Yes
Fire lanes, curbs, signage, and striping Yes
Comments: A 10-foot north–south shared-use path will be constructed along Fowler Lane to provide corridor continuity
and public access.
Street vision triangle 38.400.100 Yes
Transportation pathways 38.400.110 Yes
Pedestrian access easements for shared use pathways and similar transportation facilities Yes
Public transportation 38.400.120 N/A
6b. Conformance with Article 4 – Community Design Provisions: Community Design and
Elements (38.410)
Meets
Code?
Neighborhood centers 38.410.020 N/A
Comments: This code provision is not applicable to the Site Plan application as the lot is less than 10 net acres in size.
Lot and block standards 38.410.030-040 Yes
Midblock crossing: rights of way for pedestrians-alternative block delineation Yes
Comments: The submitted site plan includes a 10-foot-wide pedestrian right-of-way public access easement located
between Buildings B and C, which will connect to the neighboring development, Homestead at Buffalo Run. Additional
building setbacks of 10 feet are required from both sides of the pedestrian easement. The proposed site plan and building
locations comply with this additional setback requirement along both sides of the easement.
If the development is adjacent to an existing or approved public park or public open space area,
have provisions been made in the plan to avoid interfering with public access to and use of that area
Yes
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 23 of 31
Comment: The proposed development is adjacent to Meadow Creek Park, which is maintained by the City of
Bozeman. The adjacent Homestead at Buffalo Run expanded the existing park by approximately 2 acres, and this
development proposes to increase the existing park by an additional 0.78 acres. Currently, Meah Lane dead-ends
along the southwestern edge of the existing park. The proposed development will extend Meah Lane, connecting to
Fowler Lane. Additionally, Gabriel Avenue will be extended from Homestead at Buffalo Run along the new western
edge of the park. At full build-out, the entire Meadow Creek Park will be surrounded by public streets providing public
access on all sides. The applicant is working with the City of Bozeman Parks Department on all proposed park
improvements, and a pre-construction meeting will be required prior to beginning construction of any parkland or
associated improvements.
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 (CILWR) Yes, with
code
provision
Comments: The applicant must provide all necessary easements consistent with BMC 38.410.060, including ditch
easements for agricultural water user facilities as outlined in BMC 38.410.060.D, drainage easements, public park
easements, public access easements, public street and utility easements, and private utility easements. Applicable cash in
lieu of water rights was determined formally by the Engineering Division and must be paid to the City of Bozeman prior to
final approval of this Site Plan per code provision #3.
Municipal infrastructure requirements 38.410.070 Yes
Comments: Engineering reviewed the application for transportation and utility service requirements (water/sewer
demand, stormwater management, and traffic impacts). Final public infrastructure design will be completed through the
infrastructure approval process, and required public easements will be provided prior to final site plan approval.
Water – The applicant submitted a water design report and plans for a proposed public water distribution system to
serve the development. Standard City 8-inch mains for the local street network will be constructed within the
development. A large diameter 16-inch transmission main will be constructed within Fowler Lane as required by the
City’s Water Facility Plan. The 16-inch main within Fowler will ultimately help create a sizeable backbone throughout
the Fowler Lane, Blackwood Road, and Stucky Road corridors as development continues. City distribution system
pressures at this location are within City standards, however, the location of development is at the southern end of the
pressure zone. Based on the location within the zone as well as the size and scale of the proposed buildings, the
applicant has been advised that individual buildings may require private internal systems to boost both domestic and
fire flow pressures to service the buildings.
Sanitary Sewer – The applicant proposes new public gravity sewer extensions within planned street corridors, including
a 15-inch main along Fowler Lane and 8-inch mains along Edgerton Lane and Gabriel Avenue, connecting to the
existing system. Capped stub-outs are proposed at project limits for future extension. Based on the applicant’s
submittal and City review of existing system information, adequate downstream capacity is available, and the proposed
layout is consistent with City standards.
Stormwater – The applicant’s Stormwater Design Report describes conveying runoff via sheet flow and street drainage
(curb/gutter and valley gutters) to inlets and storm sewer piping, then routing flows to on-site storage facilities
(underground chambers, retention/detention ponds, and boulevard swales). The system has been designed meet the
City of Bozeman Design and Construction Standards (DCS) requirements for minor and major storm events using on-
site storage and controlled overflow while avoiding adverse off-site impacts and generally maintaining historic drainage
patterns.
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 24 of 31
The applicant’s design engineer requested an administrative waiver from the 2-foot minimum seasonal high groundwater
separation requirement for several stormwater facilities located along the northern property boundary, where meeting the
standard was impractical due to existing site constraints. In accordance with the City of Bozeman Design and Construction
Standards (DCS) Section 1.9.1 (Administrative Waivers) and Section 6.8.3.A.d, Engineering reviewed and approved the
waiver based on the documented site constraints and the supporting certification provided by the applicant’s design
engineer.
Grading & drainage 38.410.080 Yes
Location, design and capacity of stormwater facilities Yes
Stormwater maintenance plan Yes
Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes
Comments: Runoff is proposed to be managed on-site through collection, storage, and controlled release consistent with
the City of Bozeman Design and Construction Standards (DCS) for minor and major storm events. Existing irrigation/ditch
corridors are part of the surrounding drainage system. Any proposed ditch realignments, crossings, or other impacts
remain subject to the applicable Conditions of Approval and Code Provision at the beginning of this document.
Watercourse setback 38.410.100 Yes, with
code
provision
Watercourse setback planting plan 38.410.100.2.f N/A
Comments: Consistent with BMC 38.220.020.A, the applicant must provide the formal Gallatin
Conservation District (GCD) watercourse determination letter (and 310 Permit, if required) prior to
the commencement of any work on the site and/or final plan approval, whichever is sooner.
6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation
Requirements (38.420)
Meets
Code?
Parkland requirements 38.420.020.A Yes
Cash donation in lieu (CIL) 38.420.030 Yes, with
code
provisions
Improvements in-lieu Yes
Comments: The submitted site plan application proposes a mix of land and cash donation in lieu of parklands for
compliance with City regulations. The proposed development is adjacent to Meadow Creek Park, which is maintained
by the City of Bozeman. The adjacent Homestead at Buffalo Run expanded the existing park by approximately 2 acres,
and this development proposes to increase the park by an additional 0.78 acres. When the net residential density of a
project is known, 0.03 acres per dwelling unit of land must be provided per BMC 38.420.020.A.1. Additionally, when
the project proposes more than 8 dwelling units per acre, the dedication for the density above the 8 dwellings per acre
must be met with a cash donation in lieu of the additional land. Based on the total net acreage of the development,
which does not include associated rights-of-way or dedicated parkland, the project is proposed to have a density of
40.6 units per acre. Because of the cap on the parkland requirement, the CILP does not take into account the total net
density and instead is based on the maximum 12 units per acre for an equivalent. The included Parkland Tracking
Table and final improvements-in-lieu package appear to contain inconsistencies, most likely due to multiple revisions of
the submitted plan materials. Therefore, the Parks Department is unable to make a clear determination on the
equivalent cash donation in lieu of parklands (CILP) required for this project. Code provision #5 requires the Parkland
Tracking Table and final improvements-in-lieu package, along with any supporting materials, to be updated and
approved by the Parks Department prior to final site plan approval. At that time, the Parks Department will determine
the required CILP total, at an appraisal land value of $2.65 per square foot, which the applicant owes to provide the
necessary cash donation for their proportionate share of parkland contribution. Per code provision #4, CILP must be
paid prior to final site plan approval.
Park Frontage 38.420.060 Yes
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 25 of 31
Comments: The Bozeman Municipal Code requires parkland to have frontage along 100% of its perimeter on public
streets. As mentioned in the previous section, the proposed development is adjacent to Meadow Creek Park. The
current proposed development and the approved development to the north of the site, Homestead at Buffalo Run, are
contributing additional land area for the park expansion. Currently, Meah Lane dead-ends along the southwestern edge
of the existing park. The proposed development will extend Meah Lane, eventually connecting to Fowler Lane along
the western property line. Additionally, Gabriel Avenue will be extended from Homestead at Buffalo Run along the new
western edge of the park. At full build-out, the entire Meadow Creek Park will be surrounded by public streets, 100%
frontage providing public access on all sides meeting code requirements.
Park development 38.420.080 Yes, with
conditions
of approval
Comments: The applicant has submitted a master park plan for the new improvements to the expanded Meadow
Creek Park. The master plan has been reviewed by the City of Bozeman Parks Department. Condition of approval #3
requires a completed License Agreement be submitted prior to beginning construction in the parkland area.
Additionally, condition of approval #2 requires a final set of construction drawings and a pre-construction meeting
request be submitted to the Parks Department prior to beginning construction of the parkland or improvements. The
applicant is proposing all park irrigation to be connected to an existing well located in the northern portion of the current
park. BMC 38.420.080 and 38.550.070 state the City must obtain legal ownership of any irrigation water rights used for
City-owned and maintained irrigation systems. These public systems must be entirely discrete and separate from any
irrigation system that is privately owned and maintained. In order to connect to the existing groundwater irrigation well
for the proposed parkland irrigation, the applicant must obtain approval from the Department of Natural Resources and
Conservation (DNRC) to expand the use of the existing exempt well. Code provision #6 requires documentation of the
DNRC approval to expand the existing well prior to final site plan approval.
Recreation pathways 38.420.110 Yes
Park/Recreational area design N/A
Comments: The 2023 City of Bozeman Parks, Recreation and Active Transportation (PRAT) Plan identifies a future
shared-use path along Fowler Lane. The proposed site plan includes a 10-feet wide asphalt shared-use path along
Fowler Lane in front of the proposed Building A. The proposed path would connect to the installed shared-use path on
the adjacent Homestead at Buffalo Run development, directly north of the subject property.
7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets
Code?
Block frontage classification Mixed – Landscaped Yes, with
departure
request
Departure criteria BMC 38.510.030.J Yes, with
code
provision
Multi-household apartment buildings are subject to block frontage standards. The block frontage designation is Mixed
along Fowler Lane, requiring the applicant to choose to comply with either Storefront or Landscaped block frontage
standards. The applicant has chosen to comply with the Landscaped block frontage standards along the Fowler Lane
street frontage. Additionally, BMC 38.510.020.B requires all block frontages within residential zones to be subject to the
Landscaped block frontage standards. As the subject property is zoned R-4, the other proposed street extensions will
also be reviewed under the Landscaped standards. The proposed buildings comply with all Landscaped standards,
including building entrances, façade transparency, weather protection, sidewalk widths, and parking locations. The
Landscaped block frontage standards require a minimum of 15% transparency on all street frontages for residential
buildings. The submitted elevation sheets identified Buildings A and C will contain between 15%-16% transparency, and
Building B will contain 15% transparency, meeting the minimum required. Weather protection is also proposed above all
residential entrances, in conformance with the block frontage standards. The applicant requested a departure from BMC
38.510.030.J, regarding special residential block frontage standards along sidewalks and internal pathways. This section
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 26 of 31
requires residences with ground-floor living spaces facing a sidewalk or pedestrian path to include at least one
public/private space transition element. The proposed project generally complies with the required standard, however,
there are a number of units located approximately 6 feet from the adjacent sidewalk which are not able to provide a porch
or deck at least 1 foot above the adjacent grade. These units are proposed to be ADA accessible and will include patios
screened using guardrails and landscaping to adequately protect the privacy and comfort of the residents to meet the
intent of the code section. The required departure fee has been included as code provision #7.
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 38.520.040
Yes
Comments: The subject property is zoned R-4, Residential High Density District, permitting the proposed use of
Apartments. The proposed development is comprised of two 4-story apartment buildings and one 5-story apartment
building, with the 4-story buildings located along the western and eastern property lines. The 5-story building will be
located in the middle of the development, minimizing potential impacts to the surrounding community to the east,
zoned R-3. Additionally, Homestead at Buffalo Run, comprising of multiple 3-story and 2-story buildings, is located
north of the subject property. The proposed development will extend road and pedestrian connections from both
Homestead at Buffalo Run and the eastern Meadow Creek Subdivision, providing the buildout of a functional
transportation and pedestrian grid. Residential units with proposed balconies are located a minimum of 15 feet from all
property lines, complying with the requirements of BMC 38.520.030.B. The proposed buildings provide pedestrian
connections to sidewalks, both within the development and along all street frontages, connecting the residential units
with the parking area, common open space, and adjacent parkland. The submitted site plan also includes a 10-foot-
wide pedestrian right-of-way public access easement located between Buildings B and C, which will connect to the
neighboring development, Homestead at Buffalo Run.
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 38.520.050
Yes
Internal roadway design 38.520.050.D Yes
Comments: Requirements of BMC 38.520, such as the design of vehicular circulation systems, have been met.
Primary access to the development will be provided from Meah Lane, with Meah Lane extended to connect to Fowler
Lane. The internal site circulation connects to Meah Lane and provides additional street connections to Edgerton
Avenue and Gabriel Avenue, consistent with the proposed street network and future connectivity plans. Sidewalks and
street trees are proposed along all new street frontages, compliant with City standards. Pedestrian pathways are
provided connecting the residences to adjacent parking areas, common open spaces, and parkland.
On-site open space 38.520.060
Total required 43,400 sf Yes
Total provided 43,532 sf Yes
Comments: Multi-household developments must provide a minimum usable open space equal to 100 square feet per
dwelling unit for studio and one-bedroom units, and 150 square feet per dwelling unit for two or more-bedroom units.
Based on the number and type of proposed units in the submitted application, the proposed development must provide
a minimum of 43,400 square feet of on-site open space. For multi-household developments, 100% of the required
open space may be in the form of shared open space available to all residents, such as courtyards, play areas, and
gardens. Up to 50% of the required open space may be in the form of private balconies or common indoor recreation
areas. The development proposes a mixture of private balconies, an indoor recreation room, a shared community
outdoor patio, a fenced dog park, a fenced playground area, and multiple outdoor open space areas to meet the
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 27 of 31
7d. Conformance with Article 5 – Parking (38.540) Meets Code?
Parking requirements 38.540.050 Yes Yes, with Affordable
Housing Plan Parking requirements residential 38.540.050.A.1 222 required per Affordable
Housing Plan
Reductions residential 38.540.050.A.1.b.1 0.75 parking space per unit
Parking requirements nonresidential
38.540.050.A.2
N/A
Reductions nonresidential 38.540.050.A.2 N/A
Provided off-street 191 spaces
Provided on-street 52 spaces
Bicycle parking 38.540.050.A.4 148 required; 150 provided Yes, with Affordable
Housing Plan
Comments: In conformance with Sec. 38.380.030, the developer has proposed to construct affordable homes that
meet the standards in Table 38.380.020-2 and apply certain incentives to all primary buildings in the development.
One of the requested incentives is a reduction to the minimum vehicle parking requirement for 0.75 parking spaces per
dwelling (BMC 38.380.040.E.3.d). Based on the number of proposed residential units, the development is required to
provide a minimum of 222 parking spaces. The applicant is providing a total of 243 parking spaces, exceeding the
minimum required, with 191 parking spaces located off-street and 52 parking spaces located in on-street parallel stalls.
This equates to approximately 0.82 parking spaces per dwelling unit. The applicant is also requesting incentive BMC
38.380.040.E.3.e, providing bicycle racks equal to 50% of the number of dwellings within the development. Based on
the 296 proposed dwelling units, the applicant is required to provide a minimum of 148 bicycle parking spaces. The
applicant is proposing to install 150 bicycle spaces, exceeding the minimum requirement. The proposed bike racks will
requirements. The overall combined on-site open space provided by the development is 43,532 square feet, which
exceeds the minimum open space requirements.
Location and design of service areas and mechanical equipment 38.520.070 Yes
Comments: The proposed buildings identify areas of roof-mounted mechanical equipment on the submitted roof plans.
These areas will be screened through the use of the surrounding parapet walls as documented on the submitted
elevation plans for both building types. Electrical utility meters are proposed within each building in a proposed
electrical room on the ground level. Exterior electrical equipment areas are located along the rear of the buildings and
will be sufficiently screened per the submitted landscape plan as required by BMC 38.520.070.D. Solid waste will be
collected in trash enclosures located adjacent to each parking lot. The trash enclosures will be covered and include
landscape screening per BMC 38.520.070.C.2.
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: The project site is not located within the Neighborhood Conservation Overlay District, requiring compliance
with BMC 38.530.030.B. The proposed buildings are compliant with the building design standards of this section,
including articulation and proposed materials. Residential buildings must include at least three façade articulation
features every 30 feet. The proposed buildings will utilize the use of windows, entries, changes in building materials,
and vertical building modulations for compliance with the residential façade articulation standards. Primary building
materials include lap siding in multiple colors, and metal siding in both vertical and horizontal orientations and in
multiple colors. The proposed buildings include building facades greater than 150 feet in width and provide vertical
building modulations at least 6 feet deep and 10 feet wide in compliance with BMC 38.530.040.E. The buildings do not
include any areas meeting the definition of blank wall under BMC 38.530.070.
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 28 of 31
be U-style and located in multiple locations between the proposed buildings and parking areas. All proposed bicycle
parking areas meet the length and width dimensions for each stall and utilize the adjacent sidewalks to meet circulation
requirements. The proposed vehicle parking and bicycle parking spaces to serve this site are in conformance with the
standards of BMC 38.540, with the submitted Affordable Housing Plan.
Loading and unloading area requirements 38.540.080 N/A
First berth – minimum 70 feet length, 12 feet in width, 14 feet in height N/A
Additional berth – minimum 45 feet length N/A
Comments: The proposed development has no proposed off-street loading berths.
7e. Conformance with Article 5 – Landscaping (38.550) Meets Code?
Mandatory landscaping requirements 38.550.050 Yes
Parking lot landscaping Yes
Additional screening N/A
Street frontage Yes
Street median island N/A
Acceptable landscape materials Yes
Protection of landscape areas N/A
Irrigation: plan, water source, system type Yes
Residential adjacency Yes
Comments: The submitted application includes a landscaping plan in compliance with BMC 38.550. Parking lot
landscaping is proposed within all parking lot areas adjacent to the proposed buildings. The landscaping plan delineates a
total of 22 trees and 8,478 square feet of landscaped beds throughout all proposed parking lots. Additionally, the subject
property is located adjacent to multiple street frontages requiring street frontage landscaping. The applicant is proposing a
total of 52 street trees, with 31 trees proposed along the new Meah Lane extension, 10 trees along Gabriel Avenue, and
11 trees along Edgerton Avenue. The regulations require 5 trees along Fowler Lane, however, none are able to be
located in this area due to utility conflicts. Proposed tree species and locations along the street frontages have been
reviewed by the City’s Forestry Department. Additional landscaped areas and trees are proposed along the northern
property line between the site and the adjacent Homestead at Buffalo Run development in compliance with BMC
38.550.050.K for residential adjacency. The submitted landscaping plan was reviewed by the Water Conservation Division
for conformance with the Bozeman Landscape and Irrigation Performance and Design Manual. The landscaping plans
provided conform to the required landscaping standards.
Landscaping of public lands 38.550.070 Yes
Comments: Street trees will be provided along all adjacent street rights-of-way, compliant with BMC 38.550.070.
Proposed street tree varieties and locations have been reviewed by the City of Bozeman Forestry Division. Maintenance
of landscaping installed within the boulevard portion of the right-of-way is the responsibility of the adjacent property owner.
7f. Conformance with Article 5 – Signs (38.560) Meets Code?
Allowed SF/building 38.560.060 N/A N/A
Proposed SF/building N/A N/A
Comments: No signage is approved with this application. Sign permits must first be obtained prior to the installation of any
proposed signs per code provision #8.
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 all building entrances and adjacent to the building. All lighting conforms to
cutoff and intensity standards. Footcandles do not exceed maximums at the property lines for both adjacent residential
properties and public rights-of-way. The proposed illuminance for each building entrance averages 5.0 maintained
footcandles or will be dimmed 68% to meet the required maximum lighting. The proposed lighting includes exterior
wall packs with full cutoffs and downward-directed parking lot lighting. The submitted materials do not contain the
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 29 of 31
lighting cutsheets for one of the building lighting types, proposed lighting fixture type E5 on the submitted photometric
plan. This requirement is included in code provision #9, which must be submitted prior to final site plan approval in
order to confirm all building lighting will be in compliance. All proposed street lighting will be constructed to the City of
Bozeman standards and reviewed with the infrastructure plan.
8. Conformance with Article 6 – Natural Resource Protection Meets Code?
Floodplain regulations 38.600 N/A
Wetland regulations 38.610 Yes, with Conditions of
Approval and Code
Provision
Wetlands — Engineering reviewed the applicant’s wetland submittal for compliance with BMC 38.220.130 and
related provisions of BMC 38.610 and found the submittal adequate for review; however, all wetland-related
Conditions of Approval and Code Provisions must be satisfied prior to final site plan approval. The applicant must
provide an Approved Jurisdictional Determination (AJD) from the U.S. Army Corps of Engineers consistent with the
impacts identified in the 21-RMF Joint Permit Application (BMC 38.220.130.A.2(a.2)).
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. 24 public comments were received during the public notice period, and raised concerns regarding conflicting road
plans, the overall density of the development, the proposed building heights, the reduction of required parking spaces, the
potential traffic impacts in the adjacent development, the lack of public services in the area, wildlife impacts, and the lack
of suitability with the surrounding neighborhood character. Staff has included responses to the public comment topics
under the Community Development Department’s purview below:
• Public Notice - We received several comments from people stating that, despite facing the project area, they did
not receive a mailed notice. According to Table 38.220.420 of the Bozeman Municipal Code (BMC), preliminary
site plan applications are required to post a notice on-site and mail notices to property owners within a distance
of 200 feet of the exterior property boundaries of the project site. BMC 38.220.420.A.2 further states, “this
distance includes the width of a right-of-way or other public ownership.” The existing Meadow Creek Park sits
between the subject property and the homes within the Meadow Creek Subdivision. According to code, the
width of the public park is included within the public notice distance, and therefore the 200-foot required noticing
boundary ends approximately at the western edge of S 30th Avenue. Any properties past the 200 ft boundary
are not required to be included in the mailing distance. Though this may result in residents who consider
themselves to be in close proximity to the project area not receiving mailed notice, staff cannot change or extend
the required notice distance on a case-by-case basis in order to include more properties for the mailed notice.
We also received comments on the posted location of the on-site notice board. There are no requirements in the
BMC that specify the location of the notice board other than that it must be located on-site. For this project, staff
made a determination to place the notice along the same side of the property as the notice for the previous
annexation application. In making this determination, we considered that Fowler Lane is the official primary
access of the current subject property and is also the street with the larger road classification. Fowler Lane is
classified as Minor Arterial, whereas Meah Lane and S 31st Avenue are both Local Streets.
• Conflicting Plans – It appears that two different versions of the civil site plan for the eastern portion of the site
remained within the final application materials. The software used by the City for processing applications will
only combine versions of the same document if they are named or labeled exactly the same. File 006-C3.1 Site
Plan East was originally uploaded on June 2, 2025, but when a new version of this portion of the site was
uploaded on November 15, 2025, it was labeled 006.1C3.2 Site Plan East. This caused the appearance of two
versions of the same site and street segments. However, the correct file is the most recent from November 15,
2025, which includes the proposed bump-outs and street calming measures shown on the civil site plans for the
other portions of the site.
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 30 of 31
• Overall Density – The subject property is zoned R-4. This zoning was placed on the subject property during the
annexation of the site into the City of Bozeman city limits, and was officially completed on October 23, 2025.
The R-4 zoning has a minimum density of 8 dwelling units per net acre required for all new developments.
Based on the proposed total net acreage of the proposed development, which does not include associated
rights-of-way or dedicated parkland, the project is proposed to have a density of 40.6 units per acre. This
exceeds the minimum requirement of the base zoning, and there is no maximum density required under the
Bozeman Municipal Code. If all other required project standards can be met with the proposed density, the
project is allowable.
• Building Heights – As identified in Section 5 of this staff report, the R-4 zoning district permits a maximum
building height of 40 feet for buildings with a roof pitch less than 3:12. The project proposes to utilize the
incentives for affordable housing as outlined in BMC 38.380.040, specifically Type C Incentives, with 100% of
the units to be deed-restricted at 60% AMI. One of the proposed incentives requested is one additional story of
height (maximum 15 feet per story) within the R-4 zoning district per BMC 38.380.040.E.3.a. The definition of
building height in BMC 38.700.030 states if the vertical difference between grades is greater than 2 feet at
opposite elevations of the building, the overall height of the building may be increased by one foot for every one
foot in grade difference up to a maximum of 6 feet. According to the submitted application materials, there is a
5-foot grade difference on the site. Therefore, the applicant is proposing the overall building height to be
increased by 5 feet as allowed under the definition. Using all the proposed incentives and exceptions permitted
within the Bozeman Municipal Code, the overall maximum building height permitted for the proposed is 60 feet.
The proposed 5-story building, Building B, located in the center of the site, will be a maximum of 57 feet, 6
inches to the bottom of the roof deck. With the included parapet, the overall building height will be 60 feet, 4
inches. The proposed 4-story buildings, Buildings A and C, located along the eastern and western sides of the
site, will be a maximum of 47 feet, 4 inches to the bottom of the roof deck. With the included parapets, the
overall building height will be 51 feet, 2 inches. BMC 38.350.050.D.2 permits parapets 4 feet or less, elevator
and stair penthouses to be exempt from the overall height limitations. Therefore, all proposed buildings are
compliant with the maximum building height between the base zoning and the Affordable Housing incentive.
• Reduction of Required Parking – As identified in Section 7d of this staff report, in conformance with Sec.
38.380.030, the developer has proposed to construct affordable homes that meet the standards in Table
38.380.020-2 and apply certain incentives to all primary buildings in the development. One of the requested
incentives is a reduction to the minimum vehicle parking requirement for 0.75 parking spaces per dwelling (BMC
38.380.040.E.3.d). Based on the number of proposed residential units, the development is required to provide a
minimum of 222 parking spaces. The applicant is providing a total of 243 parking spaces, exceeding the
minimum required, with 191 parking spaces located off-street and 52 parking spaces located in on-street parallel
stalls. This equates to approximately 0.82 parking spaces per dwelling unit. The proposed vehicle parking
spaces to serve this site are in conformance with the standards of BMC 38.540, with the submitted Affordable
Housing Plan.
• Traffic Impacts – As identified in Section 6a of this staff report, a Traffic Impact Study (TIS) prepared by a
professional engineer was reviewed and accepted by the City. The TIS evaluates future intersection operations
at full buildout during the AM and PM peak hours. The TIS projects all study intersections will operate at Level of
Service (LOS) B or better at full buildout, except S. 19th Ave. & Blackwood Rd., which is anticipated to operate at
LOS C by 2027. Based on the TIS findings meeting the City’s adopted LOS C standard, no mitigation is
necessary as a result of the proposed development.
• Public Services – Many comments reference the lack of public transportation and other services within
acceptable distances to the proposed development. While the City of Bozeman does have public transportation,
the current transit routes do not extend to this area. At the moment, the furthest southern extent of the
Streamline Bus Service is along Huffine Lane (Purpleline) and Montana State University (Blueline and Goldline).
Streamline has been working with multiple partners, including the Montana Department of Transportation,
Gallatin County, and the City of Bozeman, to complete a Transit Development Plan. The final report was
completed in January 2021 and includes both short and long-term goals for bus service within city limits. It does
Staff Report
Rocky Mountain Flats SP
Application No. 25296
February 18, 2026
Page 31 of 31
not appear any additional transit routes are proposed beyond the southern extent of the existing routes. A
further study of the potential demand for participation and overall need for additional routes in the area of the
proposed development would need to be completed prior to the development of any new bus routes. The
Bozeman Municipal Code does not require applicants to complete a study of this requirement for new
developments. Only improvements to existing routes are required under the current city regulations. Finally, the
Affordable Housing standards under BMC 38.380 do not identify areas of the city that may or may not be
proposed to include affordable housing projects. This would essentially create neighborhoods of different
financial classes and is against ethical standards. The intent of the Affordable Housing standards are to provide
regulatory incentives to ensure housing affordability in new development and provide a mix of affordable
dwellings along with market-rate dwellings. Community Housing is defined as: Homes that those who live and/or
work in Bozeman can afford to purchase or rent. This includes apartments, townhomes, condominiums,
emergency shelters, accessory dwelling units, mobile homes, and single-family homes - all dwelling types -
serving the entire spectrum of housing needs. The 2024 Housing and Urban Development (HUD) median family
income for the City of Bozeman is $109,000. The proposed development is providing 100% affordable units for
60% of the Area Median Income (AMI), which equals $65,400 for a household with 4 people. In comparison,
affordable housing units that qualify for Montana Section 8 eligibility are based on 30% AMI, or equal to $32,700
for a household of 4 per 2024 HUD income limits.
• Wildlife Impacts – Multiple submitted comments mentioned concerns that the submitted site plan application was
inadequate, related to potential wildlife impacts. Site plans are reviewed under different criteria compared to
other applications, such as subdivisions. Subdivision review is required under state law when a property is
proposed to be split into multiple individual lots. BMC 38.220.040 requires all subdivision preliminary plats to
document compliance with adopted standards, including wildlife and wildlife habitat. The submitted site plan is
not proposing a subdivision, and therefore BMC 38.220.040 does not apply to this project. The site plan review
criteria under BMC 38.230.100 list compliance with natural resource protection provisions within Articles 4
through 6. As identified in Sections 6a through 8 of this staff report, the submitted application is compliant with
the provisions of these articles, with the included conditions of approval and code provisions.
• Lack of Suitability with Neighborhood – As identified throughout this staff report, the subject property was
annexed into the Bozeman City limits on October 23, 2025. It was zoned R-4 in compliance with the City of
Bozeman’s Growth Policy and Future Land Use Map, and was discussed at the City Commission public hearing
on April 8, 2025, with the initial resolution heard on September 9, 2025, and the final action taken on September
23, 2025. Nearby municipal zoning to the north is also R-4, Residential High Density, and to the east is R-3,
Residential Medium Density. The Future Land Use Map designates the property as Urban Neighborhood, which
includes the R-4 district as an implementing zoning district. The proposed buildings are compliant with the
underlying R-4 zoning, with the proposed Affordable Housing Plan and code provisions included in this staff
report.
10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code?
Subdivision exemptions N/A
Required easements N/A
Comments: Required easements have been reviewed and addressed by the Engineering Department, Northwestern
Energy, and the Water/Sewer Division. Any required easements have been included as application conditions or code
provisions.