HomeMy WebLinkAbout24461 Conditional Approval Letter Page 1 of 5
January 26, 2026 – Transmitted via Project Dox Eugene Graf, Blackmore Cottage Co., LLC Elizabeth Mans, WWC Engineering RE: 24461; Blackmore Cottages Site Plan Conditional Approval for Block 2, Lot 1A, Plat J-702 Subdivision. Dear Applicants:
The above-referenced Site Plan (SP), application 24461, has received conditional approval. The conditions of
approval and code provisions for this site plan are as follows:
CONDITIONS OF APPROVAL
1. The Applicant is advised that unmet code provisions or code provisions that are not specifically listed as conditions
of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code (BMC) or State law.
2. Temporary fire engine turnaround and shared access and maintenance agreement. Prior to final site plan approval
and prior to occupancy of the housing portion of the development, the Applicant must provide the following elements
for a temporary fire engine turnaround:
(a) The temporary gravel fire apparatus turnaround facility on the adjacent Lot 2A which serves the housing project
on Lot 1A must be designed to:
(i) Withstand the weight of a 75,000 lb. fire apparatus vehicle and a certified engineer must verify
that the facility can withstand this weight of the fire apparatus vehicle;
(ii) The turnaround must be maintained with a workable gravel surface at all times to carry the above-
cited weight and must be maintained clear of snow or debris by the cottage housing Property
Owners Association (POA);
(iii) When a permanent fire engine travel lane is provided on the Allison Phase 5 Lot 1 with connection
to an extension of South 7th Avenue within that subdivision, the cottage housing POA must
maintain the on-site and off-site fire lane in a similar workable condition as is required for the
temporary facility;
(iv) The access point between the cottage housing site of Lot 1A and the Allison Subdivision Lot 2A
or a new Lot 1 of the Allison Phase 5 Subdivision must be equipped with an entrance gate,
appropriate signage, removable bollards or similar facilities to keep non-Fire vehicles from using
and/or blocking the fire lane;
(v) The Applicant must install signs that meet the requirements of the Fire Code that say “No Parking
Fire Lane”; and
(vi) For both the temporary turnaround and a permanent fire access lane, the Applicant must provide
a sign at the eastern boundary of the cottage housing site at the access to the fire engine
turnaround facility which states that snow storage is not permitted to block the access to the
Page 2 of 5
turnaround and that private, non-emergency service vehicles are not permitted in front of the
entrance or gate to the fire lane.
(b) Prior to final site plan approval, the Applicant must record with the proper State, County or local officials a
cottage housing Property Owners Association (POA) Articles of Incorporation, Bylaws, and a Covenants,
Conditions and Restrictions (CC&R) document that clearly states the responsibilities of the POA to maintain
the temporary and, when applicable, permanent fire lane or turnaround facility, the shared access easement,
signage, surface materials, gate or bollards, and maintenance elements for as long as any of the dwelling units
in the cottage housing site remain occupied.
3. Prior to final site plan approval, cottage housing subdivision recordation requirements of 38.360.120.C.3.g,
reciprocal joint use and maintenance agreements for each dependent lot within the primary lot, must be executed
for access, use and maintenance of common garage or parking areas, common open area and other similar
features, and recorded with the Gallatin County Clerk and Recorder's Office along with the final plat.
4. Prior to final site plan approval, a CC&R document for the cottage housing subdivision must be recorded which
describes the mutual access and parking agreement and stipulates that the parking resources, drive lane and fire
engine turnaround on Lot 2A are to be maintained by the Property Owners Association (POA) to ensure access
to the site and parking spaces to the residents of the development and to assure access to both the temporary
and permanent fire lane by the Fire Department and any other emergency service vehicle such as an ambulance
or police vehicle.
5. Prior to final site plan approval for Lot 1A, the owner of Lot 2A, which is also the owner and Applicant of this Lot
1A cottage housing project, must begin the subdivision application process with a formal preliminary plat submittal,
per 38.240.110, which shows a fire lane for the cottage housing subdivision Lot 1A extending through the new
Lot 2A subdivision to a new South 7th Avenue street extension.
6. Prior to final site plan approval, a parking agreement for the cottage housing subdivision subordinate lots must be
recorded with the County Clerk and Recorder on the property.
7. Prior to final site plan approval, signage prohibiting the parking or access onto or along the 96’ storm drainage
pond access drive must be included on the C1.0 site plan drawing and associated building permit submittals.
8. Prior to final site plan approval, the utility box in the right-of-way at the planned northern connection of the 5’ public
sidewalk must be relocated to facilitate a consistent boulevard width and sidewalk alignment. This update must
be included on the C1.0 site plan drawing and associated building permit submittals.
9. Prior to final site plan approval and relevant building permit submittals, the applicant must update the reference
to the standard drawing for the site drive approach on the C2.0 site details sheet to the applicable detail from the
2024 DSSP MODS.
Page 3 of 5
10. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to
Protest Creation of Special Improvement Districts (SIDs) on City standard record form for the following
improvements:
a) Street improvements to Student Drive between South 7th Avenue and South 11th Avenue including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage;
b) Street improvements to Opportunity Way between Bon Ton Avenue and South 11th Avenue including lighting,
signalization, paving, curb/gutter, sidewalk, and storm drainage;
c) Street improvements to South 11th Avenue between Arnold Street and West Kagy Boulevard Avenue
including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage;
d) Intersection improvements at Kagy Boulevard and South 11th Avenue including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage;
e) Intersection improvements at Stucky Road and South 11th Avenue including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage; and
f) Intersection improvements at Arnold Street and South 11th Avenue including lighting, signalization, paving,
curb/gutter, sidewalk, and storm drainage.
The form shall state: “Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event a special district or special improvement district is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner.” CODE PROVISIONS
1. BMC 38.410.130. Water Adequacy: The provided estimated annual municipal demand from the project is 5.62 acre-
feet (AF), with a reduction of 0.124 AF (existing credit). The Cash-in-Lieu of Water Rights (CILWR) fee of $32,952.00
must be paid prior to the final site plan approval.
2. BMC 38.420.020. Parkland requirement. The applicant must pay their required Cash-in-Lieu of Parkland (CILP) fee
prior to final site plan approval.
Page 4 of 5
3. BMC 38.410.060.C.1. Easements – Prior to final site plan approval, the Applicant must record with the County Clerk
and Recorder on the City-approved document the following easements applicable to both primary and subordinate
lots within the subdivision:
(a) Prior to final site plan approval, a Mutual Access Easement and Agreement and exhibit acceptable to the City per 38.410.060.A, must be provided, executed and filed with the County Clerk and Recorders office. (b) Prior to final site plan approval, a Mutual Drainage Easement and Agreement and exhibit acceptable to the City per 38.410.060.A, must be provided, executed and filed with the County Clerk and Recorders office. (c) Prior to final site plan approval, a 30’ Water and Sewer Pipeline Easement and Agreement and exhibit acceptable to the City per 38.410.060.A, must be provided, executed and filed with the County Clerk and Recorders office. (d) a ten (10) foot Private Utility Easement for utility access to cottage lots that do not front along the public
right-of-way;
(e) a ten-foot-wide public access easement in a north-south orientation along the eastern boundary of the
property to be used as a public trail and to be built, operated and maintained by the subdivision’s Property Owners
Association.
(f) a Mutual Access Easement for lots 1A and dependent cottage lots and filing with the corresponding
subdivision exemption at the County Clerk and Recorders office.
Final site plan approval is conditional of receipt and review of an acceptable easement and exhibit for each
easement with stage 3 infrastructure review, and hard copy execution by the Owner(s) and the City Manager and
filing at the County Clerk and Recorders office.
4. 38.400.080 – Sidewalks - Title II ADA/PROWAG -The pathway alignment shown at the northernmost sidewalk
connection is unacceptable. Add a note to remove the utility box from the right of way and align the sidewalk to match
the boulevard width of the adjacent property. This sidewalk alignment revision and utility relocation must be completed,
reviewed and verified, prior as a condition of final site plan approval.
5. BMC 38.560.140 Required Address Signs. Due to recent updates to the processes, the Subdivision Exemption will
need to reach adequacy as well so that Engineering can determine what the new legal descriptions will be in order to
add to the address/Finance records when the new addresses are entered.
6. BMC 40.04.720.c. Maintenance for stormwater facilities - The stormwater maintenance plan must reference the
parent lot 1A and subordinate lots created for each cottage via subdivision exemption as a condition of final site plan
approval.
7. A signed copy of the Building Permit Landscape & Irrigation Self-Certification Form (Appendix E) is necessary to
receive a building permit. See the "City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual" - 3.1.2
8. BMC 38.360.120.3.j. -If a subdivision exemption is used to create a cottage housing subdivision, installation of all
required water and sewer mains and services, parking areas, and similar features must be completed and accepted by
the City prior to recording of the subdivision exemption; or the developer may enter into an improvements agreement to
secure the same work. The applicant must submit the 30' public sewer and water pipeline access easement and exhibit
Page 5 of 5
for review, processing and filing with the County Clerk and Recorders office with the stage 3 infrastructure submittal.
Final site plan approval is conditional on infrastructure review and approval, filing of the subject easement, and a
complete subdivision exemption amended plat.
9. The applicant must reference the updated standard drawing for the proposed drive approach from the OCT 2024
DSSP MODS (no. 02529-5A) prior to final site plan approval and building permit review.
10. BMC 38.520.070 Screening of Mechanical Equipment. Prior to submittal of building permit applications for this
project, the applicant must revise the site plan and landscape plan sheets to label the location of exterior mechanical
equipment of each building, such as electric meters and HVAC/”mini-split” facilities and shall indicate how they will be
screened from view from pedestrians on sidewalks or from common open space areas on the Site. These revisions must
be approved by the Community Development Director prior to final site plan approval.
Per Section 38.100.080 & 38.200.110, the proposed project shall be completed as approved and described in this application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the Applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications. The only exception to this law is repair.
Future Impact Fees - Building permit applications require payment of transportation, water, sewer and fire impact
fees according to the City of Bozeman adopted impact fee schedule in place at the time of building permit issuance.
In addition, other fees such as the Cash-in-lieu of Water Rights (CILW) and the Cash-in-lieu of Parkland (CILP)
fees are required prior to final site plan approval and issuance of a Certificate of Occupancy for any building within
the Site.
If you have any questions, or if the Community Development Department can be of further assistance, please do not hesitate to contact your Development Review Coordinator Luz Chase via lchase@bozeman.net. Thank you. Sincerely,
Susana Montana, Senior Planner, Development Review Division, smontana@bozeman.net