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Home My WebLink About25705_Wallace Works Sub_Initial Determination_ M r Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 pplication No. 25705 Ype ubdivision Project Name allace Works Preliminary Plat Subdivision ummary proposed subdivision for dividing a lot into two lots within the Northeast Historic Mixed-Use Zoning District. The site is currently under an approved ite Plan Applications (SP 22156 and SP 24532) and subsequent Modification Application (MOD 24174). The proposed structures associated ith this site have been reviewed and approved under their respective plan applications and this subdivision proposes to divide the lot and provide respective easements for the parcels in the Wallace Works Subdivision. oning NEHMU rowth Polic Community Parcel Size 1.475 acres (64,266 Commercial Mixed sqft) Use verlay District(s) Neighborhood Conservation District Overlay (NCOD) treet Address 803 Wallace Avenue Legal Description Lot A of the Amended Plat of Lots 2 and 3 of Plat C-23-A18 and Lot 2 of plat C-23-A16, and Tract 1 of Minor Subdivision No. 3, located in the Southeast Quarter of Section 6, Township 2 South, Range 6 East, located in P.M.M., City of Bozeman, Gallatin County, Montana wner allace Works LLC, Erik Nelson, PO Box 1026, Bozeman, MT 59771 pplicant Intrinsik Architecture,Tyler Steinway, 106 E Babcock Suite 1 A, Bozeman, MT 59715 Representative Same as Applicant Pre-Application File Review 25311 Noticing Public Comment Period Site Posted Date Required Mail 4/27/2026-5/18/2026 /24/2026 NA Initial Determination Review Authority Date Determinations City of Bozeman, 3/9/2026 The application is complete and is in Director of Community substantial compliance with all applicable Development regulations and the zoning map. All impacts resulting from the proposed development have previously been analyzed and made available for public review during adoption, amendment, or update of the land use plan, subdivision and zoning regulation, or zoning map 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�plication 25705 Page 1 of 12 M r Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 CONDITIONS OF APPROVAL 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision Plats (25.183.1101 ARM, 25.183.1104 ARM, 25.183.1107 ARM)) and must be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application must include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk& Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. (Staff report Section 4) 2. The applicant must add the following notes to the conditions of approval sheet of the plat related to stormwater maintenance on the property: a. The property owners association shall be responsible for the maintenance of all stormwater infrastructure located outside the public right-of-way. The property owners association shall be responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all stormwater infrastructure located outside the public right-of-way. (Staff Report Section 5.10) CODE PROVISIONS 1. Sec. 38.100.080 - Compliance with regulations required. The applicant is advised that unmet code provisions,or code provisions that are not specifically listed as conditions of approval,does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.710.050.A.5.c. - Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. (Staff Report Section 5.5) 3. Sec. 38.750.150. - Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. (Staff report Section 4) 4. Sec. 38.780.090 - Development or Maintenance of Common Areas and Facilities by Developer and Property Owners'Association. The subdivision's stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners' association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. (Staff Report Section 5.10) Page 2 of 12 M T Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 5. Sec. 38.410.060. - Easements. All Easements indicated below must be prepared as separate documents from the final plat with an exhibit. Signed hard copies of the easements must be filed with the County Clerk and Recorder's office prior to final plat approval. a. The final plat must provide all necessary utility easements, and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. Prior to final plat approval,the applicant must provide a private utility easement to allow the owner of building E to repair the water service lines across the adjacent lot up to the Tamarack ROW. c. Prior to final plat approval,the applicant must provide a mutual access easement. d. Prior to final plat approval,the applicant must provide a mutual drainage easement. Page 3 of 12 M T Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 Figure 1: Current Zoning Map rr T�}�' '� :� �_ � y _ } . ..M_.�r , . ., f�I \�I�H\P A-�I ��! ~ `•;� � ... ,,.;�,,�i,: , � `Y �F � � . � ,��. j .. �.y'� ' �� _ � :. , � a� �'+ �: �. • - � ' . I , T � . . - ` � �,, T1 �' - ' � •• � c.'. . 1.tt• � -� � � � . R-�M � �. , NEHMU ' `��.' ; �! ; ' , . 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In establishing the record of review, the Director of Community Development and the Development Review Committee reviewed the application against the following standards. The applicable review authority for subdivisions is the Director of Community Development in their role as planning administrator. Each City Division listed here under is a member of the Development Review Committee (DRC). This Committee reviews development applications for all criteria relevant to their respective division. Each division is assigned a 2 to 4 letter code, shown to the left of the division name. Throughout the staff report, these codes will indicate which division led the review of the given criterion. Please note that while an one or a couple divisions may lead review of a given criterion,the entire DRC plays a role in each determination. � . Development Review Committee . Planning and Zoning Engineering/Transportation/Utilities . Parks and Recreation Community Housing Water Adequacy . Fire • � Building . Water Conservation � Forestry Page 6 of 12 Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 The City of Bozeman adopted the Bozeman Community Plan (the Future Land Use Plan) including the Future Land Use Map on October 28th, 2025, by Resolution Number 2025-71. The Bozeman Community Plan was made available for public review and comment prior to adoption and identified and analyzed impacts of development. Notice was provided that the Bozeman Community Plan is the basis for implementing land use regulations as required in 76-25-106, MCA. Issue plans including but not limited to the Transportation Master Plan,the Parks, Recreation, and Active Transportation Plan,the Sewer Facility Plan, Water Facility Plan, Stormwater Facility Plan, and Fire Protection Master Plan were all considered and incorporated by reference in adoption of the Bozeman Community Plan. The Unified Development Code, contained in Chapter 38 of the Municipal Code, is the primary implementing regulation for the Bozeman Community Plan and was adopted on December 16, 2025 through Ordinance 2025-12/2151. The Bozeman Community Plan and supporting issue plans were utilized in consideration and adoption of the Unified Development Code. The City Commission found that the Unified Development Code was in substantial compliance with the Bozeman Community Plan. The Unified Development Code provides specific zoning and subdivision regulations as well as the zoning designation which determined the allowable criteria for review of the subdivision of the subject property. During adoption of the Unified Development Code, issue plans and the Bozeman Community Plan were utilized to anticipate impacts of potential development. As such, city wide impacts resulting from the proposed development were previously analyzed and made available for public review and comment during the adoption of the land use plan including all issue plans, and adoption of zoning regulations, subdivision regulations, and all subsequent amendments to the identified documents. Zoning designations throughout the city were implemented to ensure that individual impacts to a given site from a proposed development will fit into the framework of the previously considered city wide impacts. Subdivision review ensures that site-specific impacts have been addressed with the materials submitted with this application and are available for public review. Any development which conforms with the standards of Montana Code Annotated and Bozeman Municipal Code has addressed all site-specific impacts. The following report reviews the subject property for compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman. 1. Conformance with MCA 76-25-408 � � Meets Code? Application contains sufficient information for review Yes Submittal requirements of 38.710.040 Yes Comments: The application was submitted with the required materials and review fee. Pursuant to MCA 76-25-408,the planning administrator reviewed the submission and determined that the application contained sufficient information to proceed with review. This determination confirms completeness but does not ensure approval of the subdivision. Page 7 ot 12 M r Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 2. Exemptions from Subdivision Review MCA 76-25-402 - Meets Code? The division of land must not qualify for an exemption from subdivision review Yes Comments: The proposed land division does not qualify for any exemption listed in MCA 76-25- 402, including divisions created by court order, mortgage security parcels, or other exempt divisions. Therefore,the subdivision must undergo full subdivision review under state law and the Bozeman Municipal Code. 3. Effect of Preliminary Plat Approval MCA 76-25-409 � Meets Code? Preliminary plat approval establishes the approved subdivision layout and Yes conditions for final plat approval. Comments: Approval of the preliminary plat authorizes the subdivision layout as proposed and establishes conditions that must be satisfied prior to final plat approval. Final plat approval will verify that the subdivision has satisfied all conditions and infrastructure requirements established during preliminary plat review. 4. Compliance with MCA 76-25-408(12) � � Meets Code? 4.1 Meets the requirements and standards of this chapter Yes 4.2 Meets the survey requirements provided in 76-25-412(1) Yes 4.3 Provides the necessary easements within and to the proposed subdivision Yes 4.4 Provides the necessary legal and physical access to each parcel Yes Comments: The Development Review Committee has reviewed the submitted materials for compliance with all standards of MCA Title 76 Chapter 25. The preliminary plat conforms to the provisions of the Montana Land Use and Planning Act if it contains all elements required to meet state survey requirements, which would be determined when it is reviewed by the Gallatin County Examining Land Surveyor prior to the final plat approval. Conditions provided ensure that the proposed subdivision provides all necessary easements and that each lot has the required legal and physical access. Condition #1 and Code Provision #3 ensure that the plat will comply with all survey requirements. Code Provision #5 requires that the plat include all the necessary easements including mutual access and storm drainage easements to allow the subdivision to be consistent with the approved development that is being constructed on site. 5. Documentation of Compliance with Adopted Standards BMC 38.710.050. Meets Code? 5.1 Surface Water (BMC 38.710.050.A.1) waived Comments: There is no surface water associated with or in proximity to the site. Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.2 Floodplains (BMC 38.710.050.A.2) waived Comments: The subject property is wholly outside of the 100-year floodplain. The property is depicted on the Flood Insurance Rate Map (FIRM) panel 30031 C0809E with an effective date of April 21, 2021. The property is designated as Zone X, an area of minimal flood hazard. Therefore, Page 8 of 12 M T Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.3 Groundwater (BMC 38.710.050.A.3) yes A groundwater investigation was completed March of 2020 and provided in the Geotechnical Report by TD&H and was stamped and signed by a professional engineer. The geotechnical report (Document 016, pg 3) states, ';4 geotechnical excavation investigation was conducted at the site on March 5th, 2020. Groundwater was observed from depths of approximately 14 feet below existing grade in test pits with depths of 15.1 to 20.9 feet. Further groundwater monitoring was performed from March 16th, 2020, to July 22nd, 2020, seasonally-high groundwater was found to peak at 9.8 feet below existing grade during this observation period. Therefore, it is anticipated that groundwater will be sufficiently deep to allow for a full retention/infiltration strategy to be successful at this site."Given the average depth of groundwater in the vicinity, it is anticipated that this subdivision will not impact groundwater. 5.4 Geology(BMC 38.710.050.A.4) yes Comments: This subdivision will not significantly impact the geology, soils, or slopes. No significant geological features or slopes exist on the site. A geotechnical investigation report was provided by TD&H and has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division for compliance with City standards 5.5 Vegetation (BMC 38.710.050.A.5) � waived Comments: The proposed subdivision is occurring on an infill site, previously platted in 1883 as the Plat of the Northern Pacific Addition to the City of Bozeman, which has previously been wholly developed. There is no vegetation on site. Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. As no weed control plan was submitted or indicated to have been entered into,the developer must enter into a Noxious Weed Management Plan per BMC Section 38.710.050.A.5.c. (Code provision #2) 5.6 Wildlife (BMC 38.710.050.A.6) � waived Comments: The proposed subdivision is occurring on an infill site, previously platted in 1883 as the Plat of the Northen Pacific Addition to the City of Bozeman, which has previously been wholly developed and centrally located within city limits. Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.7 Agriculture (BMC 38.710.050.A.7) � waived Comments: The proposed subdivision is occurring on an infill site, previously platted in 1883 as the Plat of the Northen Pacific Addition to the City of Bozeman which, has previously been wholly developed. There is no agricultural activity on site or in the vicinity of the site. Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.8 Agricultural Water User Facilities (BMC 38.710.050.A.8) waived Page 9 of 12 M r Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 Comments: The subject property does not contain any agricultural water user facilities. Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.9 Water and Sewer (BMC 38.710.050.A.9) yes Comments: The subdivision will not significantly burden the city's water and sewer infrastructure with the recommended conditions of approval and code provisions. Document 014 contains the preliminary design report for water systems improvements and sanitary sewer system improvements in the proposed subdivision, stamped by a professional engineer licensed in the State of Montana. The Engineering Division reviewed both reports for compliance with state and local Public Works Standard Specifications,the City's design standards,the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions and the City's review requirements. Currently, municipal water services exist within the adjacent right of way along East Tamarack Street and North Wallace Avenue. The development proposed as a part of the active site plans (separate applications) on record are providing connections to the city water mains. This subdivision does not require any upgrades or extensions to the existing water infrastructure, which provides service subject property. There is an existing sewer main within East Tamarack Street. The development proposed as part of the active site plans (separate applications) recently upsized the existing sewer main within the right of way along East Aspen Street to provide adequate sewer capacity to the subject property. This subdivision does not require any upgrades or extensions to the existing sanitary sewer infrastructure which provides service subject property. 5.10 Stormwater Management (BMC 38.710.050.A.10) yes Comments: A preliminary stormwater design report was prepared by a professional engineer with TD&H and is located under application document 014 and 015. Due to the history of the surrounding developments,the majority of the necessary infrastructure has been installed prior to this subdivision application. The proposed subdivision itself does not add any additional impervious surface and as such stormwater management will only occur as it relates to ensuring appropriate maintenance of the approved stormwater facilities associated with their respective site plans. Code provision #4 details the required maintenance agreement to be implemented by the property owners' association and requires the property owners' association to maintain all stormwater facilities outside of the public right-of-way,with the incorporation of a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. An associated plat note must be provided on preliminary plat sheet 3 to notify future property owners of the property owners' association requirements for ongoing maintenance of these stormwater facilities. (Condition #2) 5.11 Transportation Facilities (BMC 38.710.050.A.11) yes Comments: The subdivision will not significantly impact the City's street infrastructure and will provide adequate improvements to support the proposed development and nearby areas by Page 10 of 12 M T Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 improving adjacent local streets and providing improved multi-modal transportation to and from the site. The proposed subdivision is bound by two local streets and one collector. East Aspen Street and North Wallace Avenue are local streets which bound the property to the south and east respectively. East Tamarack Street is a collector which bound the property to the north. Currently there is an access to the site from North Wallace Avenue. No additional access is necessary to create the additional lot. A Traffic Impact Study (TIS) dated March 2022, stamped and signed by a professional engineer, was provided in document 004 and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements. The TIS describes impacts to the site from full build out of the proposed Site Plans, limited impact to transportation facilities is expected from this subdivision. 5.12 Non-municipal Utilities (BMC 38.710.050.A.12) � waived Comments: Non-municipal utilities have been installed as a part of the preceding site plan applications. Therefore,the Development Review Committee granted a waiver to these submittal requirements. 5.13 Land Use (BMC 38.710.050.A.13) � yes Comments: The subject property is under active approval for two Site Plans to construct 5 buildings with a total of 65 residential units on site. Two of the residential buildings will have ground floor commercial space. These buildings were reviewed and approved through the site planning process and comply with the minimum requirements of the NEHMU zoning district. 5.14 Parks and recreation facilities (BMC 38.710.050.A.14) � • � waived Comments: The proposed subdivision is only creating one new lot,which is exempt from park land dedication requirements per Montana Code Annotated, 76-25-404(6)(a)(iv). Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.15 Neighborhood Center Plan (BMC 38.710.050.A.15) � waived . . . Comments: To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater must have a neighborhood center. The proposed subdivision is 1.475 net acres and,therefore, is exempt from the requirement of a neighborhood center. Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.16 Lighting Plan (BMC 38.710.050.A.16) yes Comments: Subdivision or street lighting is required pursuant to BMC 38.570.030. With the application,the applicants submitted documentation showing that the site has already entered into a waiver of right to protest the creation of a special improvement district which includes improvements relating to lighting within the public right of way. This was created due to the active Page 11 of 12 M r Subdivision Report �:_,,,;,,,��„� i,� �;,,:._i�,�;,,;,,_.,,i Wallace Works Subdivision Application No. 25705 04/21/2026 Site Plans. As such, all lighting for the site complies with minimum standards of Bozeman Municipal Code. 5.17 Miscellaneous (BMC 38.710.050.A.17) � Waived Comments: The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. Therefore,the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.18 Affordable Housing (BMC 38.710.050.A.18) waived . Comments: The subject property is associated with two site plan applications and a Modification to the site plan applications. While the subsequent development provides and relies on Affordable Housing incentives,this application does not rely on incentives authorized in 38.380. Therefore, the Development Review Committee granted a waiver to these submittal requirements during the subdivision pre-application review. 5.19 Water Rights (BMC 38.710.050.A.19) � yes Comments: In review of the application,the Bozeman Water Adequacy Division found that the proposed subdivision would not increase water usage onsite. Therefore,there would be no impacts to water use and no cash in lieu would be required at the time of subdivision. Future development on site may increase water use and could trigger the need for cash in lieu of water rights be paid to offset water usage. 6. Substantiative Comment from Affected Parties (38.750.080) � Meets Code? Public Comment n/a Comments: This is the initial project decision. Public notice will occur from 4/27/2026-5/15/2026. This section will be updated after the noticing period. Page 12 of 12