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HomeMy WebLinkAbout26089 FF Blk 2 Decision FINAL DecisionFinal Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 1 of 29 Article 1 – Project Summary Application No. 26089 Type Site Plan Project Name Ferguson Farm, Block 2 Office Building Site Plan Summary The applicant is proposing to create a 14,277 gross square foot (gsf), two-story office building on an ~1- acre undeveloped lot (“Site”) within the Ferguson Farm Subdivision, Project No. P15009, and Master Site Plan, No. Z13155, and Parking Master Site Plan, No. 17446. The office building would be provided with at least 45 shared parking spaces within the Site, pursuant to a joint-use parking agreement shared by all businesses within the subdivision. Due to a 2015 Subdivision 30-foot-wide public trail easement on the south side of this Site, relief from a 20-foot setback for the building was requested and may be granted by approval of this site plan application. Zoning B-2M, Community Commercial Mixed Use Community Plan Land Use Designation Community Commercial Mixed Use Parcel Size 1.09-acre Overlay District(s) None Street Address 785 Boardwalk Avenue, Bozeman, MT Legal Description Lot 3, Block 2 of the Ferguson Farm Subdivision, Plat J-563, situated in the SW 12/4 of Section 10, Township 2 S, R5 E, P.M.M., City of Bozeman, Gallatin County, Montana. Owner One West Partners, LLC Applicant Intrinsik Architecture, Hyalite Engineering and Design 5 Landscaping Representative Tyler Steinway, Intrinsik Architecture Concept Review File 26089 Noticing Public Comment Period Required Posting Date 6/8/26 to 6/30/26 6 6/5/26 Initial Determination Review Authority D a Determinations City of Bozeman, Director of Community Development The application is complete and is in substantial compliance with all applicable 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. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 2 of 29 Final Determination- Findings of Fact, Decision, and Appeal Provisions Findings of Fact, Decision, and Appeal Provisions A. PURSUANT to Chapter 38, Division 740, BMC, and other applicable sections of Chapter 38, BMC, and Title 76 Chapter 25 MCA, a review of the Site Plan described in these findings of fact was conducted. The Director of Community Development, acting as the Planning Administrator, determined that the proposed development substantially complies with applicable zoning regulations. B. The Director further found that the impacts of the proposed development were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulation; or were addressed with the submitted application materials. C. The purposes of the Site Plan review were to consider all relevant evidence relating to public health, safety, welfare, and other purposes identified in Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC and other applicable regulations; and to determine whether the development should be approved, conditionally approved, or denied. D. Notice of the Director’s determination of substantial compliance was provided as required in 38.730 BMC and opportunity provided for submittal of written public comment. No public comments were submitted during the notice period, as detailed in Article 4, Section 8 of this final determination. E. The Director finds this Site Plan meets all applicable regulations, and is therefore approved, subject to the conditions listed in Article 3 of this report and the correction of any elements not in conformance with the standards of Chapter 38, Bozeman Municipal Code including those identified in Article 3 of this report. The evidence contained in the administrative record as a whole, including but not limited to submittal materials, submitted written comment, and these findings, justify the conditions imposed on this development to ensure that the final plan complies with all applicable regulations and mitigates the impacts of the development/actions proposed in the application. F. The preliminary approval of this application shall be effective for 6 months from the date of this signed Findings of Fact and Order. Approval expires on __January 7, 2027__. Prior to the end of this period the City may, at the written request of the developer, grant an extension to its approval by the Community Development Director for a 6-month extension. The landowner is responsible to submit any timely request for extension. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 3 of 29 G. Action by other agencies or separate review processes may be necessary to complete construction of the development, including but not limited to those imposed by other governmental agencies and private agreements. H. This decision and findings of fact are made available to the applicant through the ProjectDox application review portal and to the public through posting in the Laserfiche project folder linked to the Community Development Viewer Map. I. This order may be appealed within 15 business days after date of approval, by following the procedures of Section 76-25-503, MCA and 38.160.030, BMC. APPROVED this _7th__ day of _____July__, 2026. Erin George, Planning Administrator Digital signature here Full application/file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 Digital application access is located online in the City’s Laserfiche Repository for Application 26089. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 4 of 29 Article 2 – Conditions and Code Provisions CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or state law. 2. Prior to building permit approval, the applicant must provide to the Community Development Department the storm water storage volume data requested with the storm drainage report review and must remove the proposed trees from storm water pond areas to allow for more stormwater and overflow storage. This information must be reflected in the Civil drawings and approved by the Director of Transportation and Engineering prior to building permit approval. 3. Prior to building permit approval, the applicant must provide a revised Landscape Plan to the Community Development Department and to the Northwest Energy contact noted below. This revised Landscape Plan must demonstrate that all utilities are clearly marked on the Landscape Plan to ensure minimum clearance of 10' for any proposed trees. Refer to the New Service Guide and Electric Service Requirements & Guidelines on Northwestern Energy’s website for meter clearance requirements. (https://www.northwesternenergy.com/account-services/for-business/construction-services). Refer to the New Service Guide and Gas Service Requirements & Guidelines on Northwestern Energy’s website for meter clearance requirements. (https://www.northwesternenergy.com/account-services/for-business/construction-services). CODE PROVISIONS 1. BMC 38.410.060 - Easements - The 10' width eastern sidewalk proposed on the site plan extends onto Lot 2 property. This route is also providing direct ADA compliant access to the Huffine SUP. Prior to building permit approval, the applicant must provide an executed 10' Public Access Easement for this sidewalk; for final review, execution by the City, and filing with the County Clerk and Recorder's Office. 2. BMC 38.410.110. Water Adequacy: The project's estimated annual municipal demand is 0.61 acre- feet which must be offset prior to site plan approval. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $3,676. Payment must be made prior to final site plan approval. 3. Fire Marshal Code Provision: Separate fire alarm and fire sprinkler system plans shall be designed, submitted for review and permitted to meet 2021 IBC Chapter 9 and 2019 NFPA 13/13R, NFPA 72 standards. These are to be completed prior to framing/MEP rough-in inspections. Please contact me with questions. Shane Brandhorst - Fire Marshal 406-582-2353 or sbrandhorst@bozeman.net Fire Suppression Plan submittal portal: https://bozeman-mt-us.avolvecloud.com/Portal Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 5 of 29 Article 3 – Figures Figure 1: Vicinity Map Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 6 of 29 Figure 2: Ferguson Farm Subdivision with Subject Lot in red Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 7 of 29 Figures 3 & 4: Proposed Office Building Huffine Lane View East and North façade View. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 8 of 29 Figure 5: Site Layout Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 9 of 29 Figure 6: Site Plan Huffine Lane Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 10 of 29 Figure 7: Landscape & Open Space Plan Huffine Lane Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 11 of 29 Figure 8: First Floor Plan Figure 9: Second Floor Plan Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 12 of 29 Plan Review determination and record 38.750.090, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. 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 one or more divisions may lead review of a given criterion, the entire DRC plays a role in each determination. DRC Development Review Committee PZ Planning and Zoning ENG Engineering/Transportation/Utilities PARK Parks and Recreation CH Community Housing WTR Water Adequacy FIRE Fire BLD Building WC Water Conservation FOR Forestry Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 13 of 29 Article 4 Findings PLAN REVIEW DETERMINATION AND RECORD 38.740.090.B, BMC This analysis and its resulting findings are based on the entirety of the application materials, the Bozeman Municipal Code and associated standards, plans, and all other materials available during the initial review period. Collectively, this information is the record of the review. In establishing the record of review, the Director of Community Development and the Development 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, Montana Code Annotated (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 Bozeman Municipal Code (BMC), 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 (UDC). 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 site plan for development 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. Site Plan 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 application for compliance with the criteria and regulations adopted by the State of Montana and the City of Bozeman Municipal Code (BMC) Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 14 of 29 1. Conformance with Article 2, including the cessation of any current violations (38.200.160 BMC)) 1. Cessation of any current violations (38.200.160) Meets Code? Current Violations None PZ Yes Comments: The ~1-acre Site is undeveloped with no known code violations. 2. Conformance with all other applicable laws, ordinances and regulations 2. Conformance with all other applicable laws, ordinances and regulations Meets Code? Submittal requirements 38.710.070 PZ/ENG Yes Phasing of development 38.230.020.B One Yes Comments: Meets code. 3. Conformance with Zoning District Standards Article 2 3.a. Lot Standards (38.210-.260) 3.a.1. Lot Size PZ Meets Code? Minimum Width Required: 15-feet Yes Provided: 164.81-feet Comments: This Site is part of a pre-existing Ferguson Farm Subdivision recorded on June 19, 2015, Project No. P15009, and is also guided by a Ferguson Farm Master Site Plan, No. Z13155, approved in 2013, and a parking master plan, No. 17446, and a Master Site Plan (MSP) Modification, No. 22042, which reduced some parking by providing a sheltered bus stop on Fallon Drive. The zoning standards established by the MSP carry forward to subsequent developments within the MSP and Subdivision area. New development applications meet current (2026) UDC standards where the existing MSP standards do not apply. For example, the MSP established design parameters for uncovered trash enclosures and, therefore, those standards will apply to this Block 2 application. 3.a.2. Density PZ Meets Code? Dwelling Units per Acre: du/a Required None Yes Provided None Comments: There is no residential density limit for property within the B-2M zone. This is a wholly commercial development. 3.a.3. Coverage: PZ Meets Code? Building coverage Allowed 100% Yes Provided 15% Amenity Space Required 2% of lot area = 949.6 SF Yes Provided 988 SF in first floor outdoor patio Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 15 of 29 Comments: Meets code. 3.a.4. Streetscape [38.220.040 & 38.260.050] PZ/ENG Meets Code? Sidewalk Width Required: 6’ along Huffine Lane. Provided: Provision of a sidewalk connection for direct pedestrian access to the right-of-way from the development and connection to the existing 6’ Shared Use Path along the Huffine Road Frontage. The Shared Use Path referenced is part of a trail corridor that was pre-existing at the time of this development and established via existing right-of-way and 30-foot-wide trail easement. Figure 10: Huffine Frontage easements Site sidewalk was included: North, along parking lot: 8’; East=10’; West=5’ along building wall and, further north 7’ along parking lot. There are a 30-foot-wide public linear park/trail easement and a number of utility easements between the Site’s (Lot 3) property line and the Huffine Lane right-of-way, for a total unbuildable width of 42-feet. The building is setback another 12’7” from the trail easement due to the requirements of the earlier subdivision. This prevents the building from meeting maximum setback “build-to” standard for the Huffine Lane frontage per BMC 38.220.040.A.5.E. BMC 38.260.080.A.6 (Relief) allows this exception because of the trail easement fronting the building along Huffine Lane. Yes Boulevard Width 30’ public trail easement and shared use path. Yes Type Gateway frontage Tree spacing 25-30’ average on center, depending on species Yes Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 16 of 29 Comments: Meets Code per the BMC 38.260.080.A.6 relief allowed. 3.a.5. Setbacks PZ Meets Code? Setbacks (feet) Minimum Maximum Provided Yes, due to previous subdivision easements and UDC 38.260.060.A.6. Relief may be granted by the Director as part of this approval. Primary Street 1’ 20’ NA Side Street 1’ 20’ Street Facing Garage NA NA Side 0 0 Rear 0 0 Alley NA NA Comments: The project site is unique in that it encompasses a large area that has already been developed with a shared parking lot serving the subdivision. The parking lot spans several parcels and is located within a common access easement and a joint-use parking agreement. The required front yard setback for the B-2M district is a minimum of 1 foot and a maximum of 20 feet. The project site is unable to meet this requirement due to existing public trail easements, as well as public utility easements, located along the Huffine Lane frontage of the property. As such, the applicant is requesting relief from the maximum 20-feet setback from the property line bordering Huffine Lane. The site is unable to meet the letter of the code related to building placement and tree spacing, based on the 2015 prior Ferguson Farm Subdivision approval (No. P15009). The applicant is requesting that the frontage requirement begin at the back/northern edge of the trail easement, with which the proposed building conforms. The applicant is also proposing a sidewalk connection to the trail and a series of trees along the frontage to enhance the streetscape. This property is allowed zero-lot-line conditions along both the side and rear yards per the 2013 MSP. However, the applicant is proposing that the building be located a minimum of 5 feet from the side property line to allow for a common walkway to be placed along the shared property boundary. Pursuant to UDC 38.260.060.6- -Relief, these requests may be granted by the Director as part of this site plan approval. 3.a.6. Transitions PZ Meets Code? Subject Lot Zoning B-2M NA Abutting Lot Zoning B-2M Type NA Comments: NA 3.a.7. Frontage- Build to PZ Meets Code? Primary Street Required NA Yes, due to previous P15009 Ferguson Provided Side Street Required Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 17 of 29 Provided Farm Subdivision easements, and if the Huffine Lane setback relief is granted by the Director. Comments: This project’s primary street frontage is along Huffine Lane. This project is unique in that it is not able to meet the primary setback maximum due to existing utility and trail easements. The B-2M zone required build-to length is 70% of the Huffine Lane frontage. The entire “front” of the building is located within the Huffine Lane build-to zone which is 133’ long. As proposed, 96% of the building would lie within the build-to zone, which conforms to code. The building frontage is being measured from the back of the public trail easement as noted in the relief request explained in the setback section of page 14. The building entry is recessed 3’ and is 11’ wide meeting the entry way standards. The building entry is located in the center of the building and complies with the entry feature every 60’. The front first- and second-story façade also complies with the transparency requirements. The design of the building conforms with the articulation and massing requirements. The applicant is proposing to enhance the entry feature to break the building down two volumes. This entry features a recess and change in roof line to help with the articulation. The building is broken down into volumes of less than 60’ on all sides. The applicant is also using the windows and changing materials to help break down the scale of the building. Site elements such as plant material, site furnishings, and signage would be consistent with the elements provided throughout this commercial subdivision. The proposed building would be located on the south side of an existing on-site parking lot, separated from the public multi-use path along Huffine by a landscaped buffer that includes an existing retention pond. The two-story building would have its primary entrance facing Huffine Lane. The two-story building would consist of office space spanning both floors. The floor plan allows access to the building from many directions. Because the building would be visible from all sides, the design incorporates architectural treatments on each façade/elevation. Rooftop mechanical equipment would be fully screened. Exterior metering would be screened either through landscaping or integrated architectural features. Weather protection would be provided at all primary entrances through recessed entries, awnings, or overhangs. Several awnings on the south façade, facing Huffine, would extend more than 60% of the street frontage and project at least 5 feet, meeting UDC requirements. The proposed glazing along the south elevation would meet UDC transparency standards. Additionally, the design would meet the commercial open-space requirements through multiple seating areas located around the east side of the site. The building would primarily be clad in brick, accented with Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 18 of 29 painted metal panels and awnings; again, intended by the applicant to be durable, long-lasting, and visually pleasing materials. 3.a.8. Parking Location PZ Meets Code? Parking between building and street Not allowed Yes Setbacks (feet) Minimum Maximum Provided Primary Street NA NA Parking is located behind the building. Side Street Street Facing Garage Side Rear Alley Comments: This lot is part of a 2015 Ferguson Farm Subdivision, a 2013 Ferguson Farm Master Site Plan (MSP) (No. Z13155), and a 2017 Parking MSP (No.178446) that provide shared parking for all lots within the subdivision. The parking for this building is located north of the building, whereas the main entrance to the building faces Huffine Lane. The parking is consistent with the subdivision covenants shared parking standards and the MSP parking standards. 3.b. Building Standards (38.210-.260) 3.b.1. Vertical Massing PZ Meets Code? Building Height Allowed 60’ Yes Provided 41’ Wall Plate Height Allowed NA NA Provided NA Comments: Meets code. 3.b.2. Horizontal Massing PZ Meets Code? Dwelling units per building Allowed NA NA Provided NA Building width- primary street Allowed 250’ Yes Provided 133’ Building width- side street Allowed NA NA Provided NA Comments: Meets code. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 19 of 29 3.b.3. Activation PZ Meets Code? Residential Active depth Required NA NA Provided NA Non-residential Active depth Required 20’ for 70% of the Huffine Lane façade. Yes Provided 100% of the ground floor interior space along the Huffine Lane frontage is office or meeting space. Comments: The minimum building setback in the B-2M zone is 1-foot and the maximum setback is 20- feet. The Activation or active depth of the Huffine Lane façade is a minimum of 20-feet of the ground floor interior building space in this district and 70% of the building frontage must have this active space. The proposed building would have 100% of the Huffine Lane façade as a line of individual offices of about 10- feet depth each. The north façade, facing the parking lot, would also have 100% individual offices and the interior spaces would be reception, meeting rooms, individual offices and bathrooms and mechanical rooms. The project site is unable to meet this requirement due to Ferguson Farm Subdivision public utility and public park and trail easements located along the front of the property. This application is requesting relief from this requirement, as the site is unable to meet the letter of the code related to building placement and tree spacing based on the 2015 prior Ferguson Farm Subdivision easement and approvals. The applicant is requesting that the frontage requirement begin at the back of the trail/park easement, with which the proposed building does conform. The applicant is also proposing a sidewalk connection to the trail and a series of trees along the frontage to enhance the streetscape. The applicant believes the intent of the code is still met through the proposed sidewalk and landscaping. This property allows zero-lot-line conditions along both the side and rear setbacks. The applicant is proposing the building be located a minimum of 5 feet from the side property line to allow for a common walkway to be placed along the shared property boundary. 3.b.4. Floor Height PZ Meets Code? Residential Ground Story Height Required NA NA Provided NA Non-residential Ground Story Height Required 12’ Yes Provided 12’ Ground Floor Elevation Required Min.-2/max.5’ Yes Provided At grade Comments: Meets code. 3.b.5. Windows PZ Meets Code? Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 20 of 29 Windows Primary Street Required Provided Side Street Provided Yes Residential Ground Floor minimum NA NA NA NA Non-residential Ground Floor minimum 60% 61% No side street Upper Story minimum 15% 42% Blank Wall maximum 15’ NA Comments: Meets code. 3.b.6. Entrances PZ Meets Code? Maximum Street Facing entry spacing Primary Street Provided Side Street Provided Yes Residential NA Non-residential 60’ spacing 60’ NA Entry Feature Recessed entry Entry Feature Type: Porch/Covered Entry/Recessed Entry Recessed entry 3’ deep and 11’ wide. NA Comments: This project’s primary street frontage and building entrance faces Huffine Lane and meets the required 70% build-to requirements. The building entry is recessed 3’ deep and is 11’ wide, meeting the entry way standards. The building entry is located in the center of the building so that it complies with the entry feature every 60’. The Huffine Lane front façade also complies with the transparency requirements. The design of the building conforms with the articulation and massing requirements. The applicant is proposing to enhance the entry feature to break the building down two volumes with a 3’ recess and change in roof line to help with the articulation. The building is broken down into volumes of less than 60’ on all sides. The applicant is also using the windows and changing materials to help break down the scale of the building. Weather protection is provided at all primary entrances through recessed entries, awnings, or overhangs. Several awnings on the south façade, facing Huffine, extend over more than 60% of the street frontage and project at least 5 feet, meeting UDC requirements. The proposed glazing along the south elevation also meets UDC transparency standards. 3.c. Neighborhood Conservation Overlay District (NCOD) Meets Code? Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 21 of 29 Neighborhood/Commercial Certificate of Approval NA Neighborhood (NCOA) required? No PZ Commercial (CCOA) required? Demolition of historic Structure Demolition of non-historic structure Comments: The Site does not lie within the NCOD. 4. Conformance with Land Use Standards of Article 3 4.a. Allowed Uses (38.300) 4.a.1. Allowed Use Meets Code? Proposed Use(s) Office Yes Comments: Office is a principal use in the B-2M District. 4.b. General Use Standards 4.b.1. Agricultural Water User Facilities (38.310.010.) Meets Code? Ag Water User Facilities Present? No PZ NA Comments: NA 4.b.2. Condominiums (38.310.020.) Meets Code? Condominiums Proposed? No PZ NA Comments: This application is not proposing to utilize the Declaration of Unit Ownership Act at this time or in relation to this project. Further Condominium Review would be required for this site if condominiums were desired in the future. 4.b.3. Specific Use Standards (38.320) Meets Code? Specific Use Standards Applicable? No PZ NA Comments: NA 4.b.4. Wireless Facilities (38.330) Meets Code? Wireless Facilities Proposed? No PZ NA Comments: There are no wireless facilities proposed with, or applicable to, this application. 4.b.5. Affordable Rental Housing (38.340) Meets Code? Affordable Housing Proposed? No CH NA Comments: This is a wholly commercial application. There is no affordable housing offered with, or applicable to, this application. 5. Conformance with Community Design Standards of Article 4 Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 22 of 29 5.a. Transportation Facilities and Access (Division 38.400) Streets and Rights-of-way Meets Code? Streets (38.400.010) ENG N/A Street and road dedication (38.400.020 ) N/A Intersections (38.400.030) Yes, complies with subdivision TIS. Street Names (38.400.040) N/A Street and road Construction Standards (38.400.050) N/A Street Improvement Standards (38.400.060) N/A Comments: No streets or roads outside of those provided with initial subdivision development were proposed with this project. Trip generations submitted for the site were compliant those projected and approved with the subdivision traffic impact study. Street Lighting (38.400.070) ENG N/A Comments: NA Sidewalks (38.400.080 ) ENG Yes Comments: The Site Plan provides a sidewalk connection for direct pedestrian access to the public right-of-way from the development and connection to the existing 6’ Shared Use Path along the Huffine Lane frontage. The Shared Use Path referenced is part of a Ferguson Farm Subdivision trail corridor that was pre-existing at the time of this development and established via existing right-of-way and 30- foot- wide trail easement. Drive access (38.400.090) ENG N/A Comments: NA Street vision triangle (38.400.100) ENG N/A Transportation pathways (38.400.110 ) N/A Public transportation (38.400.120) Yes Comments: The Streamline bus service “Purple” line services this area of the city. 5.b. Community Design and Elements (38.410) Meets Code? General Standards- Preserves natural terrain, drainage, topsoil, trees, and other vegetation to the maximum extent possible (38.410.010.B) PZ Yes Comments: This is a vacant/undeveloped lot within the 2015-approved Ferguson Farm Subdivision (P15009), a wholly-commercial subdivision. There is no natural vegetation on the Site. There is a portion of a regional stormwater pond serving this and other lots within this subdivision. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 23 of 29 Community Focal Point (38.410.020) PZ NA Comments: This project is less than 10 acres and thus not subject to standards for community focal points. Lot and block standards (38.410.030-040) ENG/PZ Rights-of-way for pedestrians (38.410.040.D.) Yes Comments: Direct pedestrian connections to the existing shared use path and Huffine Lane right-of-way have been provided with this development. Provisions for utilities including efficient public services and utilities 38.410.050-060 ENG Yes Other utilities (electric, natural gas, communications) Yes Comments: Meets code. Municipal infrastructure requirements (38.410.070) ENG Yes Comments: Meets code. Grading & drainage (38.410.080) ENG/PZ Yes, per Condition of Approval No.2 Location, design and capacity of stormwater facilities Yes, per Condition of Approval No.2 Comments: Prior to building permit approval, the applicant must provide the Community Development Department the storm water storage volume data requested with the storm drainage report review and must remove the proposed trees from storm water pond areas to allow for more stormwater and overflow storage. This information must be reflected in the Civil drawings and approved by the Director of Transportation and Engineering prior to building permit approval per Condition of Approval No. 2. Stormwater maintenance plan Prior to building permit approval, the applicant must provide to the Community Development Department additional information regarding the requested storm drainage pond volumes and removal of the trees in the proposed stormwater management pond in order to keep the pond volume as designed in the Ferguson Farms Master Site Plan (No.Z13155) and allow for more storage (snow and drainage) for overflow events. This information must be approved by Yes, per Condition of Approval No. 2. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 24 of 29 the Director of Transportation and Engineering prior to building permit approval per Condition of Approval No.2. Landscaping: native species, curvilinear, 75% live vegetation 38.410.080.H Yes Comments: Meets code. Fire Protection Requirements (38.410.090) FIRE Yes, per Code Provision 3. Comments: Separate fire alarm and fire sprinkler system plans shall be designed, submitted for review and permitted to meet 2021 IBC Chapter 9 and 2019 NFPA 13/13R, NFPA 72 standards. These are to be complete prior to framing/MEP rough-in inspections. Please contact me with questions. Shane Brandhorst - Fire Marshal 406-582-2353 or sbrandhorst@bozeman.net Fire Suppression Plan submittal portal: https://bozeman-mt-us.avolvecloud.com/Portal Mail Delivery (38.410.100) PZ Yes Comments: The applicant will provide adequate off-street mail delivery facilities to serve the tenants of the building. Water Adequacy (38.410.110) WTR Yes, per Code Provision No. 2. Comments: Code Provision No. 2, per BMC 38.410.110--Water Adequacy, requires payment of the Cash- in-Lieu of Water Rights (CILWR) fee prior to final site plan approval. The project's estimated annual municipal demand is 0.61 acre-feet which must be offset prior to site plan approval. At the City's current CILWR fee rate of $6,000/AF (acre-foot), the CILWR fee for the project is $3,676. 5.c. Park and Recreation Requirements (38.420) Meets Code? Parkland requirements (38.420.020) PARK NA Cash donation in lieu of Parkland (CILP) (38.420.030) Improvements in-lieu Comments: This is a wholly commercial development within a commercial subdivision. No parkland is required. Park/Recreational area design and location (38.420.040-050) PARK NA Park Frontage (38.420.060) Liner Parks (38.420.070) Park development (38.420.080) Waiver of Required Dedication Recreation pathways (38.420.110 ) Comments: Parkland is not required for this wholly commercial building. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 25 of 29 6. Conformance with Project Design Standards of Article 5 (38.510) 6.a. Site Planning and Design Elements (Division 38.510) Meets Code? Relationship to Adjacent Properties (38.510.030) PZ Yes Non-Motorized Circulation and Design (38.510.040) Yes Comments: This lot is included within the Ferguson Farm commercial subdivision and Ferguson Farm MSP whose vehicular and non-motorized circulation is approved as part of the Ferguson Farms subdivision. The Site would be accessed from the main roadway Boardwalk Avenue. Boardwalk Avenue extends from Fallon Street to Huffine Lane. Non-motorized traffic is also provided via the public trail bordering the Site and Huffine Lane. Vehicular Circulation and Parking (38.510.050) PZ Yes Internal Roadway Design (38.510.050.D) Yes Comments: Vehicular access is provided through the subdivision roadway system. Location and design of service areas and mechanical equipment (38.510.060) PZ Yes Comments: The rooftop mechanical equipment would be screened from view from the sidewalk and street. Exterior metering would be screened with landscaping or integrated architectural elements. 6.b. Building Design (38.520) Meets Code? Building Character (38.520.030) PZ Yes Building Massing and articulation (38.520.040) Building details and materials (38.520.050-.060) Comments: Please see the discussion above in Section 3.b.6 on page 18. Special Residential Frontages (38.520.070) PZ NA Comments: There are no residential uses proposed. Structured Parking Facilities (38.520.080) PZ NA Comments: The parking is provided by a paved, open lot approved as part of a parking master plan, No. 17446. 6.c. Parking (38.540) Meets Code? Stall, aisle and Driveway Design (38.530.020) PZ Yes Maintenance of Parking Areas (38.520.030) Yes Number of vehicle spaces required (38.520.040) Yes Residential (38.530.040.B.2.a) Required NA Reductions Non-residential Required See below. Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 26 of 29 (38.530.040.B.2.b) Reductions First 1,500 gsf of office space Total Required 14,277 gsf minus 1,500 gsf=12,777 gsf. Requirement is 2 spaces per 1,000 gsf. 12,777 gsf/1,000= 12 spaces times 2 = 25 spaces required. Max Allowed 4/1,000 gsf= 57 spaces Total provided Total 46 spaces On street None Off street 46 spaces Joint Use of Parking facilities (38.530.050) PZ Yes Off-site parking (38.530.056) NA Comments: The Ferguson Farm Subdivision covenants require shared parking of all the parking within the subdivision. This lot is granted 49 parking spaces of the parking lot abutting the lot by the subdivision shared parking agreement. However, this site plan moves the trash enclosure to the center of the parking lot which reduces the number of parking spaces by three, leaving 46 spaces on-site for this lot. The 14,277 gross square foot (gsf) office building is granted a 1,500 gsf reduction. The remaining 12,777 gsf of office space requires 2 parking spaces per 1,000 gsf, or 25 spaces. This requirement is met within the abutting parking lot to the north. Furthermore, the shared parking agreement of the subdivision grants this office building the use of 46 spaces. Number of Bicycle parking spaces required (38.520.070) PZ/ENG Meets Code? Residential NA Short-term NA Required Provided Long Term Required Provided NA NA Total Residential Required Total Residential provided Non-residential Meets Code? Yes Short-term 75% Office use requires 1 bike 6 double racks are provided Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 27 of 29 rack per 1,000 gsf of floor area. 14,277 gsf office use/1,000=14.2 or 14 bike racks of which 11 must be short- term racks. next to the building for a total of 12 secure bike racks. Long Term 25% 3 covered bike racks. 4 covered racks provided adjacent to the dumpster enclosure. Total Non-residential provided 16 Comments: The parking master plan (#17446) only addressed vehicle parking. Therefore, the proposed development must meet current bicycle parking standards, which it does meet. Off-street loading berth requirements (38.530.080) PZ NA Comments: NA 6.d. Landscaping (38.550) Meets Code? Mandatory landscaping requirements (38.550.050-060) PZ Yes Parking lot landscaping Yes PZ/WC Additional screening Yes Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Meets Code? Yes, per Condition of Approval No. 3 related to Northwest Energy easements. Irrigation: plan, water source, system type Yes Yes Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 28 of 29 Residential adjacency NA NA Comments: The project provides landscape planning which is intended to provide visual interest to the streetscape and provides a comfortable urban pedestrian experience. The landscape plan proposes to enhance and tie together all the public spaces. Additionally, there is a landscape approach separating the public and private spaces that front along a street. All landscaping would comply with the mandatory landscaping provisions of the Bozeman UDC including the use of drought tolerant plants, use of appropriately sized landscape plant material, street frontage landscaping, coordination with utilities, and use of permanent irrigation. All service areas and utility equipment are screened. Per Condition of Approval No. 3, prior to building permit approval, the applicant must provide a revised Landscape Plan to the Community Development Department and to the Northwest Energy contact noted below. This revised Landscape Plan must demonstrate that all utilities are clearly marked on the Landscape Plan to ensure minimum clearance of 10' for any proposed trees. Refer to the New Service Guide and Electric Service Requirements & Guidelines on Northwestern Energy’s website for meter clearance requirements. (https://www.northwesternenergy.com/account-services/for-business/construction-services). Refer to the New Service Guide and Gas Service Requirements & Guidelines on Northwestern Energy’s website for meter clearance requirements. (https://www.northwesternenergy.com/account-services/for-business/construction-services). Fences, walls, and hedges (38.550.070) PZ NA Comments: No fences, walls or hedges are proposed. Landscaping of public lands (38.550.080) FOR NA Comments: NA 6.e. Signs (38.550) Meets Code? Is signage proposed with the application? No PZ NA Comments: There are no signs associated with this site plan. Any directional or business signage for the building or site would be reviewed under separate building and sign permit applications. 6.f. Lighting (38.560) Meets Code? Site lighting (supports, cutoff, footcandles, temperature) 38.570.040 PZ Yes Building-mounted lighting (supports, cutoff, footcandles, temperature) 38.570.040.B Comments: Meets code. 7. Conformance with Article 6 – Natural Resource Protection Meets Code? Final Decision Ferguson Farm Block 2 Office Building Site Plan Application No. 26089 July 7, 2026 Page 29 of 29 Floodplain regulations 38.600 ENG NA Wetland regulations 38.610 NA Comments: Requirements of BMC 38.600 for floodplain regulations and 38.610 for wetland regulations are not applicable to this request. Watercourse Setbacks 38.620 ENG/PZ NA Comments: Requirements of BMC 38.620 are not applicable to this request. 8. Conformance with Article 7- Permits Legislative Actions and Procedures Meets Code? Public Comment (38.730) PZ Yes Comments: This is the project final determination decision. Public notice occurred during a fifteen- business day period beginning June 8, 2026, to June 30, 2026. No comments were received. Special Use Permit (38.740.100) PZ NA Comments: NA Subdivisions (38.750) PZ NA Subdivision exemptions (38.750.140) NA Required easements NA Comments: No lot lines are proposed to be relocated, nor are any required. No new easements are required for the proposed development. Deviations Departures and Variances (38.760) PZ Meets Code? Yes Comments: There are no deviations, departures, or variances requested with this application. As noted in Sections 3.A.5 and 3.A.7 on page 15, the applicant has requested relief from the B-2M setback requirement for this lot because the Ferguson Farm Subdivision established public trail and utility easements on the land between the southern property line and the public trail easement and Huffine Lane right-of-way. Approval of this site plan application by the Director would include approval of relief of this Huffine Lane build-to standard.