HomeMy WebLinkAbout25770 Subdivision Project ReportSubdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 1 of 17
Article 1 – Project Summary
Application No. 25770 Type Subdivision
Project Name South University District (SUD) Phase 3 Block 3 Preliminary Plat
Summary A proposed subdivision for dividing a platted 18.85-acre lot into two lots within
the South University District Phase 3 subdivision Block 3 (Plat J-695). Each lot
will be approximately 8 acres each, with new right-of-way dedicated for State
Street between them. This subdivision also includes an expansion of the
Arnold Street right-of-way, shifting the street location 35-feet north to avoid
existing agricultural water user facilities and to minimize impacts to wetland
areas.
Zoning REMU Growth
Policy
Residential Mixed Use Parcel Size Original parcel
18.85 Acres
Overlay District None
Street Address Addresses to be assigned
Legal Description Lot 1, Block 3 South University District Phase 3 (Plat J-695), located in the
Southwest Quarter of Section 3 and the Northwest Quarter of Section 24,
Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County,
Montana
Owner RTR Holding II, LLC, 22 Turtle Roack Court, Tiburon, CA 94920
Applicant Stahly Engineering and Associates, 851 Bridger Drive, Bozeman, MT 59715
Representative Same as Applicant
Pre-Application
Review
File
24719
Noticing Public Comment Period Site Posted
Date
Required Mail Mailed
10/19/2026-11/10/2026 10/16/2026 Ditch Notice NA
Initial
Determination
Review Authority Date Determinations
City of Bozeman, Director of
Community Development
9/30/2026 The application contains all
information and materials necessary
to complete the review of the
application as set forth Chapter 38,
Bozeman Municipal Code, and Title
76, Chapter 25, Montana Code
Annotated.
City of Bozeman, Director of
Community Development
10/16/2026 The application is in substantial
compliance with all applicable
regulations and the zoning map. All
impacts resulting from the proposed
development have previously been
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 2 of 17
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/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 25770
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 3 of 17
Article 2 – Conditions and Code Provisions
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 or executed Improvements Agreement for public improvements
not yet completed but financially guaranteed with an accompanying building permit restriction
for applicable infrastructure, 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.
2. A License Agreement for Use of City property is required prior to commencement of
infrastructure construction of the Arnold Street improvements through City Parkland.
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. 38.310.010 – Agricultural Water User Facilities.
a. Alterations to agricultural water user facilities must be approved by all owners of the
facility as required under MCA 70-17-112. Prior to City infrastructure approval, written
approval must be provided from the facility owners for the alterations of agricultural
water user facilities.
b. With the City infrastructure submittal, the party responsible for the maintenance of the
culvert must be identified and a maintenance plan for the pipe must be provided. If an
entity other than the Owner/POA will be responsible, written approval for the design and
maintenance plan must be provided prior to scheduling of the pre-construction
conference.
c. Prior to City infrastructure approval, the developers professional engineer must provide
a certification that the water entering and exiting the realigned or relocated agricultural
water user facility is the same quality and amount of water that entered or exited the
facility prior to realignment or relocation.
3. Sec. 38.400.070 – Street Lighting. The required public streetlights must be included in a
special improvement lighting district (SILD). The approval to create or annex to an existing SILD
must be granted prior to final plat approval, and/or final infrastructure acceptance, whichever
is sooner.
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 4 of 17
4. Sec. 38.410.110 – Water Adequacy. A payment of cash-in-lieu of water rights was made for
Block 3, Lot 1, and Block 4, Lot 1, associated with application 21241, for a volume credit of 78
acre-feet for Block 3, Lot 1, and 53 acre-feet for Block 4, Lot 1. If the payment is refunded prior
to final plat approval, then the applicant must identify how the water adequacy code will be
satisfied with the final plat application. If the applicant wished to defer compliance with the
water adequacy code, then a note approved by the City notifying future owners of the deferral
must be included on the plat.
5. BMC 38.610.080 & BMC 38.610.090 – Wetland Setback Planting and Revegetation. Prior to
City infrastructure approval for Arnold Street, the applicant must submit wetland setback
planting and revegetation plans for all areas where regulated wetlands or wetland buffers will
be disturbed. Plans must use native species and meet the wetland function and protective
vegetation requirements of BMC Sections 38.610.080 and 38.610.090.
6. Sec. 38.710.020.A – Streambed, streambank and/or wetland permits. The developer must
provide the community development department with a copy of all required streambed,
streambank or wetlands permits, or written notification from the appropriate agency that a
permit is not required, prior to the commencement of any work on the site, approval of
infrastructure plans, and/or final plat approval, whichever is sooner.
7. 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.
8. Sec. 38.710.060.A.1 – Final Plat Submittal Materials and Requirements. The developer must
submit with the application for final plat review and approval, a written narrative stating how
each of the conditions of preliminary plat approval and noted code provisions or other
demonstrations of compliance with standards have been satisfactorily addressed. This
narrative must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet,
note, covenant, etc. in the submittal.
9. Sec. 38.710.060.A.8 – Final Plat Submittal Materials and Requirements. The Conditions of
Approval Sheet shall contain the following:
a. “Existing 1-ft. no access strip along S. 19th Ave. (per Plat J-695) adjacent to Block 3 to
be removed with this Plat.”
b. “The responsibility for the maintenance of the stormwater facilities and associated
landscaping in the open space lots and street frontage landscaping for perimeter streets
must be that of the property owners’ association. Maintenance responsibility must
include the functioning of the stormwater facilities, all vegetative ground cover, irrigation
systems in the public right-of-way boulevard strips along all external perimeter open
space lots. The property owners’ association must be responsible for levying annual
assessments to provide for the maintenance, repair, and upkeep of all perimeter street
frontage landscaping and open space lots and stormwater facilities. The perimeter
streets of the subdivision include Kagy Boulevard, South 19th Ave, South 17th Ave and
Stucky Road.”
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 5 of 17
c. "This is a known area of high groundwater. No crawl spaces or basements will be
permitted with future development of the site unless a professional engineer registered
in the State of Montana certifies that the lowest point of any proposed structure is
located above the seasonal high groundwater level and provides supporting
groundwater data prior to release of building permit. In addition, sump pumps are not
allowed to be connected to the sanitary sewer system. Sump pumps are not allowed to
be connected to the drainage system unless capacity is designed into the drainage
system to accept the pumped water. Water from sump pumps may not be discharged
into streets, such as into the curb and gutter where they create a safety hazard for
pedestrians and vehicles."
d. List all easements and recorded document numbers, and include spaces to write in
proposed easements and recorded documents.
10. 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.
11. Sec. 38.780.030.B.1.b(1) – Completion of Improvements, Public Landscaping & Parks. The
subdivision public infrastructure improvements must be installed prior to final plat approval.
This requirement may be modified by the review authority where dictated by circumstances,
such as cold weather conditions that do not permit paving or installation of landscape
plantings, and where acceptable security for the ultimate development of the public
infrastructure is provided. Public landscaping and Park improvements may be financially
guaranteed with final plat application and are not subject to building permit restrictions.
12. Sec. 38.780.030.B.1.b(2) – Completion of Improvements, Street Infrastructure. Prior to final
plat approval, and pursuant to MCA 76-25-413, the subdivider must enter into an improvements
agreement guaranteeing the completion of all public infrastructure improvements, associated
with the South University District Phase 3 Block 3 Subdivision (18.85 acres), not yet completed.
The plans and specifications for the public infrastructure improvements must be approved by
the review authority prior to final plat approval. The applicant has elected not to apply for
subdivision/off-site concurrent construction. All subdivision/off-site public infrastructure
improvements must be installed and accepted by the City prior to the issuance of a building
permit for any lot within the South University District Phase 3 Block 3 Subdivision (18.85 acres)
per BMC Section 38.780.030.B.1.a.
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 6 of 17
Article 3 – Figures
Figure 1: Current Zoning Map
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 7 of 17
Figure 2: Preliminary Plat
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 8 of 17
Article 4 – Findings
Subdivision 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 any one or a couple 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
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 9 of 17
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.
1.1 Conformance with MCA 76-25-408 DRC 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.
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 10 of 17
1.2 Conformance with MCA 76-25-408(6) Phasing Yes
Phasing Proposed? No PZ/ENG
Comments: No phasing was requested for this proposed subdivision.
Concurrent Construction Proposed? No PZ/ENG Yes
Comments: No concurrent construction was requested for this proposed subdivision. See Code
Provision 12. The applicant has elected not to apply for subdivision/off-site concurrent construction.
All subdivision/off-site public infrastructure improvements must be installed and accepted by the City
prior to the issuance of a building permit for any lot within the South University District Phase 3 Block 3
Subdivision.
1.3 Conformance with MCA 76-25-408(7)(a) Meets Code?
Compliance with Zoning, BMC Chapter 38, Article 2 and Article 4 PZ Yes
Lot size/minimum width (BMC Division 38.210-.240) Yes
Lot Dimensions and Orientation (BMC Sec. 38.410.030.) Yes
Density (BMC Division 38.210-.240) Yes
Block Length and Width (BMC Sec. 38.410.040) Yes
Comments: The proposed lots are subject to site plan review and approval prior to construction.
During plan review, staff will verify required minimum densities for any proposed development
required with REMU zoning at the time of application. Block length mitigation is limited with access
control onto the 19th Avenue ROW, however the addition of the proposed State Street ROW reduces
the size of Block 3 into two smaller developable lots and meets block length standards.
Natural Environment (BMC Sec. 38.410.010.) Yes
Comments: No new site development is proposed with this application with the exception two new
street alignments and associated infrastructure planned for State Street and Arnold Street. The Arnold
Street section proposes moving the location of the street to the north to minimize impact to
agricultural water rights and existing wetlands, and better aligns the platted street with the natural
terrain and drainage for the area. The applicant proposes to dedicate new ROW within Block 3, and
has worked with the Parks Department for approval to shift the ROW north to accommodate
topography and ag. water users. Also see Section 5.1 below.
2. Exemptions from Subdivision Review MCA 76-25-402 PZ 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 PZ Meets Code?
Preliminary plat approval establishes the approved subdivision layout and
conditions for final plat approval.
Yes
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 11 of 17
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) DRC 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. Conditions provided ensure that the proposed subdivision provides all
necessary easements and that each lot has the required legal and physical access.
5. Documentation of Compliance with Adopted Standards BMC 38.710.050. Meets Code?
5.1 Surface Water (BMC 38.710.050.A.1) ENG Yes
Comments: The extension of Arnold Street between South 19th Avenue and South 14th Avenue is a
required off-site improvement identified with the development of South University District Phase 3
Block 3. The applicant has worked with the City of Bozeman and the U.S. Army Corps of Engineers
(USACE) to obtain the necessary permits to construct Arnold Street.
Arnold Street is a critical transportation corridor designed to serve development and existing
adjacent communities by providing multimodal travel options and relieving congestion on adjacent
streets via a connection to South 19th Avenue. Located south of the existing Southwood Park within
the SUD subdivision, Arnold provides an essential link to Morning Star Elementary School as well as
key transportation connections to Montana State University, Sacajawea Middle School, and the
broader southeast transportation network. The Arnold Street extension is especially important for
commuter and emergency access serving the high‑density residential neighborhoods east of the
project area.
A wetland delineation report prepared on November 16, 2023, documented two wetlands totaling
approximately 4.18 acres within the area requiring off-site street improvements. Two non-wetland
waterways, Middle Creek Ditch and Mandeville Creek, were also identified. The larger wetland has
been determined to be a jurisdictional wetland by the USACE. A federal jurisdictional determination
means that a USACE 404 permit and approved mitigation plan for the impacted areas of the
wetland is required prior to the commencement of construction activities.
Wetland 01 (4.11 acres) is primarily located to the east of Phase 3 Block 3. Fringes of Middle Creek
Ditch and Mandeville Creek also run through this area. Wetland 02 (0.07 acres) are fringe wetlands
located within Middle Creek Ditch that are located within dedicated public right-of-way along the
very southern edge of Phase 3 Block 3. The wetland delineation can be found in Document 012.
Working with the City and as part of the overall strategy to avoid and minimize impacts through the
Arnold Street corridor, the alignment of Arnold Street was shifted to the north approximately 35
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 12 of 17
feet. The shift occurs just past the intersection of South 19th Street & Arnold Street and remains in
place past the eastern edge of the wetland area near the intersection of South 14th Street & Arnold
Street.
Shifting the alignment north minimizes impacts to the large wetland area (Wetland 01) by crossing
the wetlands at a much narrower section. To further reduce overall impacts, the City has elected to
remove on-street parking along the Arnold Street section adjacent to the wetlands, which creates a
smaller street section and reduces the impacted area.
To minimize impacts to Wetland 02, the road through this section was also shifted 35 feet north,
allowing the Middle Creek Ditch to remain within its current alignment along the southern property
boundary.
Seventy feet of right-of-way for Arnold Street from South 19th Avenue to South 11th Avenue is
shown on the South University District Phase 3 Subdivision (Plat J-695) recorded on August 24,
2021. An additional 35-feet of right-of-way for Arnold Street will be dedicated with the Block 3
Subdivision to accommodate shifting the street to the north to minimize impacts to the Middle
Creek Ditch and to minimize impacts to the wetlands.
Document 012 contains the wetland permitting information for Arnold Street. The USACE approved
a 404 permit on January 10, 2025 for 0.79 acres of permanent wetland impacts and 0.36 acres of
temporary impacts to wetlands for the construction of Arnold Street from South 19th Avenue to
South 14th Avenue. Code provision 6 has been added to meet this section.
The applicant has demonstrated that wetland impacts were avoided to the maximum extent
feasible as required by Section 38.610.030(D).
Directly east of the subject property, Mandeville Creek runs into Southwood Park and converges
with Middle Creek Ditch. The design for Southwood Park was previously approved with the South
University District Southwood Park Parks Master Plan and platted with the South University District
Phase 3 Subdivision Plat J-695. The applicant provided an exhibit showing that Phase 3 Block 3
(18.85 acres) lies entirely outside the watercourse setback. The provided exhibit has demonstrated
compliance with BMC Section 38.620 by properly depicting the required 50-foot setback for other
watercourses along both sides of Mandeville Creek in Southwood Park and extending it to the
delineated boundary of adjacent wetlands as required by BMC 38.620.D.2.a(3)-(4)(b). The City will
provide additional regulatory review through infrastructure review of the off-site improvements.
Code provision 5 requires a watercourse setback planting and revegetation plan.
5.2 Floodplains (BMC 38.710.050.A.2) ENG Waived
Comments: The subject property under review is wholly outside of the FEMA 100‑year Regulated
Flood Hazard Area. FEMA mapping designates the area as Zone X, which represents areas of
minimal flood hazard and is not regulated under the City’s floodplain ordinance. No floodplains are
located on the subject property under review, and no flood hazard evaluation was required by
reviewing staff. Therefore, the Development Review Committee granted a waiver of these submittal
requirements during the subdivision pre-application review.
5.3 Groundwater (BMC 38.710.050.A.3) ENG Yes
A groundwater investigation was completed in 2022 and provided in the Geotechnical Report by
Allied Engineering and was stamped and signed by a professional engineer. Groundwater
monitoring data from May 2022 in the appendix of the geotechnical report (Document 013)
indicates that the shallowest groundwater is approximately 4.8 to 6 feet below existing grade. The
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 13 of 17
report states, “due to the presence of high groundwater, we recommend that foundations consist
of slab-on-grades with finished floor elevations raised to the extent possible.” Code provision 9.c
requires a high groundwater note to be included on the conditions of approval sheet of the final
plat.
5.4 Geology (BMC 38.710.050.A.4) ENG 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 Allied Engineering 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) PZ Waived
Comments: The proposed subdivision is occurring on an infill site, previously platted in 2021 and
there is no vegetation on site. The Development Review Committee granted a waiver to these
submittal requirements during the subdivision pre-application review. The applicant has obtained
written approval from the Middle Creek Ditch Company for encroachment on these existing ditch
facilities and the proposed culverts needed to complete infrastructure. Document 012 contains the
recorded Ditch Encroachment Agreement for the proposed culverts and the Amended Ditch
Encroachment Agreement for the realignment. Any vegetation along the agricultural ditch will be
altered with the permission of the Middle Creek Ditch Company as detailed in the agreement. The
developer must enter into a Noxious Weed Management Plan per BMC Section 38.710.050.A.5.c.
(Code provision 7)
5.6 Wildlife (BMC 38.710.050.A.6) PZ Waived
Comments: The proposed subdivision is occurring on an infill site, previously platted in 2021 where
any potential wildlife conflict was analyzed. The subject property is surrounded on two sides by
arterial and collector streets, and on one side by a public park. Urban development exists in the
larger surrounding area. 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) PZ Waived
Comments: The proposed subdivision is occurring on an infill site, previously platted in 2021 and
has been zoned for urban development since 2012. 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) ENG Yes
Comments: The Middle Creek Ditch is located at the southern end of the subject property and is an
existing agricultural water user facility. The ditch splits at the south end. One portion runs south to
north along South 19th Avenue, while the other runs east to Mandeville Creek and Southwood Park.
The south-to-north portion along South 19th Avenue was previously piped as part of common
subdivision improvements associated with South University District Phase 3 Subdivision.
As part of this subdivision application, the applicant proposes to encroach on these existing
agricultural facilities. This includes a crossing at Student Drive and South 19th Avenue, Arnold
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 14 of 17
Street and South 19th Avenue and future culvert crossings that would be located off-site
underneath Arnold Street at Southwood Park.
The applicant has obtained written approval from the Middle Creek Ditch Company for the
proposed culverts. Document 012 contains the recorded Ditch Encroachment Agreement for the
proposed culverts and the Amended Ditch Encroachment Agreement for the realignment.
Code provisions 2.a, 2.b and 2.c have been added to meet this section.
5.9 Water and Sewer (BMC 38.710.050.A.9) ENG Yes
Comments: The Engineering Division reviewed the water and sewer reports for compliance with
state and local Public Works Standard Specifications, the City’s Design and Construction
Standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Wastewater Facility
Plan. Document 014 contains the water design report and document 015 contains the sewer
design report; both reports were stamped by a professional engineer licensed in the State of
Montana.
Municipal water distribution and sanitary sewer collection infrastructure exists within the adjacent
public right-of-way along South 19th Avenue and Stucky Road. Water mains will be installed and
looped throughout all proposed subdivision streets. A 12-inch water main will be installed in Arnold
Street to connect to the existing 12-inch stub at South 14th Avenue per the Water Facility Plan.
Sewer mains will be installed in all proposed subdivision streets to serve the lots. Sewer flows will
be split between the Farmer’s Canal Drainage Basin to the north and the Cattail Creek Drainage
Basin to the west per the Wastewater Facility Plan. The City has reviewed the current wastewater
model and sewer flow monitoring data and determined there is adequate sewer capacity to support
the subdivision. This subdivision does not require any downstream upgrades to the existing
sanitary sewer infrastructure.
5.10 Stormwater Management (BMC 38.710.050.A.10) ENG Yes
Comments: A stormwater design report was prepared by a professional engineer with Stahly
Engineering and is located under application document 016. Due to the history of the surrounding
development, the storm drainage plan was previously reviewed and approved with the South
University District Phase 3 Subdivision (Plat J-695) and South University District Southwood Park
Parks Master Plan. The proposed subdivision streets do not add any additional impervious surface
from what was accounted for with the previous entitlement.
The storm drainage plan for the Block 3 subdivision consists of one existing storm basin and two
new storm basins. The existing pond is located northeast of the intersection of Stucky Road and
South 17th Avenue in City Park 4 and was constructed as part of the South University District
Phase 3 common subdivision improvements. The two new storm basins are located adjacent to
Mandeville Creek within the previously approved South University District Southwood Park. The
overflow for the three stormwater facilities is Mandeville Creek.
The property owner’s association is required to maintain all stormwater facilities located in the
South University District Phase 3 Subdivision open space lots as stated in condition of approval 4
on sheet 3 of the South University District Phase 3 Subdivision (Plat J-695). Code provision 9.b has
been added to require a plat note be provided on the conditions of approval sheet of the final plat
to notify future property owners of the property owners’ association requirements for ongoing
maintenance of these stormwater facilities.
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 15 of 17
5.11 Transportation Facilities (BMC 38.710.050.A.11) ENG Yes
Comments: The extension of Arnold Street between South 19th Avenue and South 14th Avenue is a
required off-site improvement identified with the development of Phase 3 Block 3. This
improvement is commensurate with the development and aligns with previously identified Block 3
improvements approved in the South University District Phase 3 Subdivision (Plat J-695), recorded
on August 24, 2021.
The street sections were previously reviewed and approved with the South University District Phase
3 Subdivision (Plat J-695). Arnold Street will be constructed as a local plus from South 19th Avenue
to South 14th Avenue with 105 feet of right-of-way to accommodate shared use paths, an
agricultural water user facility and to minimize impacts to the wetlands. On-street parking along
Arnold Street has been eliminated from the street section through the wetlands area to minimize
wetland impacts from road construction. South 17th Avenue will be constructed as a local plus
from Arnold Street to Stucky Road with 70 feet of right-of-way to accommodate on-street bike
lanes. Student Drive will be constructed as a local street from South 19th Avenue to South 17th
Avenue with 62-feet of right-of-way to accommodate the required 6-foot sidewalk and 6-foot
boulevard with REMU zoning per BMC 38.220.070.A.4. The additional 35-feet of right-of-way for
Arnold Street and 62-feet of right-of-way for Student Drive will be dedicated with the final plat. All
other rights-of-way were previously dedicated with the South University District Phase 3 Subdivision
(Plat J-695). Lot access will be reviewed with the future site plans and code provision 9.a has been
added to remove the existing 1-foot no access strip along South 19th Avenue (per Plat J-695)
adjacent to Block 3.
As part of the previously installed common subdivision improvements associated with the South
University District Phase 3 Subdivision (Plat J-695), South 19th Avenue was widened and shared
use path was installed from Kagy Boulevard to Arnold Street. Improvements were also made to the
existing signal at Stucky Road and South 19th Avenue with the common subdivision improvements.
A Traffic Impact Study (TIS) dated September 2022, stamped and signed by a professional
engineer, was provided in document 017. A signal warrant analysis for the intersection of South
19th Avenue and Arnold Street was also provided in document 026 and document 030. The analysis
concluded that restricting the South University District Phase 3, Block 3 approach at Arnold Street
and South 19th Avenue to 3/4 access is not warranted at this time. Based on the conclusions in the
TIS and the improvements that were installed with the previous subdivision, no intersection
mitigation is required.
5.12 Non-municipal Utilities (BMC 38.710.050.A.12) PZ Yes
Comments: Document 018 Appendix Q of the submitted application documents contains
confirmation letters from Northwestern Energy, Charter Communications, and Yellowstone Fiber
indicating available connectivity to the proposed subdivision via planned public utility easements
on the site to be installed concurrently with infrastructure or subsequent site plan construction.
5.13 Land Use (BMC 38.710.050.A.13) PZ Yes
Comments: Document 003 Appendix B of the submitted application documents contains a map of
developable land area within the proposed subdivision. The proposed lots 1A and 1B will be subject
to plan review prior to development and must comply with all applicable zoning requirements
including minimum densities at the time of development for REMU zoning.
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 16 of 17
5.14 Parks and recreation facilities (BMC 38.710.050.A.14) PARK Yes
Comments: An existing 100+ acre park is located directly east of the proposed subdivision and
was platted with South University District Phase 2 (Plat J-605) and South University District Phase
3 (Plat J-695). The South University District Phase 3 plat contains requirements for improvements
to City Park 3 within this larger park dedication, also known as Southwood Park upon development
of the subject property. With this new subdivision application and revised street alignment to
Arnold Street a portion of the park will be included within the new ROW. Due to this, the Parks
Department required an updated Park Master Plan which may be found under Document 028
Appendix AA of the submitted application documents to account for updated designs, dedicated
area, and improvement values. Condition of Approval 2 requires the applicant obtain a current
License Agreement for Use of City property prior to commencement of infrastructure construction
through Southwood Park. City Park 3 was originally planned to be constructed in 3 phases, each
attributable to a developable lot in South University District Phase 3. Phase 1 has been constructed
and was accepted by the City in 2025. Phase 2 was completed in 2026 and accepted by the City.
Phase 3 will be completed with this subdivision and satisfies parkland requirements for this
application. Page 1 of the proposed plat (See application drawing 001) lists SUD Phase 3 Park
improvements including street trees, grass, and irrigation per this phasing plan are to be financially
guaranteed infrastructure with the final plat application. Per code provision 11, BMC 38.780.030.B
allows a financial guarantee to accommodate timing of infrastructure development and
seasonality for paving and plantings. Park improvements are not tied to critical infrastructure and
will not require restriction of building permits but must be completed according to the terms of the
improvements agreement with final plat.
5.15 Neighborhood Center Plan (BMC 38.710.050.A.15) PZ/
PARK
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. Southwood Park is located directly to the
east of the proposed subdivision and was reviewed and approved with the original platting of the
subject property with the South University District Phase 3 subdivision. 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) ENG Yes
Comments: Subdivision or street lighting is required pursuant to BMC 38.560.030. Code provision 3
has been added to require the approval to create or annex to an existing special improvement
lighting district (SILD) prior to final plat approval, and/or final infrastructure acceptance, whichever
is sooner.
5.17 Miscellaneous (BMC 38.710.050.A.17) PZ 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) CH/
PZ
Yes
Subdivision Report
South University District (SUD) Phase 3 Block 3 Preliminary Plat
Application No. 25770
October 15, 2026
Page 17 of 17
Comments: This application did not request any affordable housing incentives authorized in
38.340.
5.19 Water Rights (BMC 38.710.050.A.19) WTR Yes
Comments: A payment of cash-in-lieu of water rights was made for Block 3, Lot 1, and Block 4, Lot
1, associated with application 21241, for a volume credit of 78 acre-feet for Block 3, Lot 1, and 53
acre-feet for Block 4, Lot 1. If the payment is refunded prior to final plat approval, then the applicant
must identify how the water adequacy code will be satisfied with the final plat application. If the
applicant wished to defer compliance with the water adequacy code, then a note approved by the
City notifying future owners of the deferral must be included on the plat. Code provision 4 has been
added to meet this section.
5.20 Variance(s) DRC NA
Comments: No variances are requested with this proposed subdivision.
6. Substantiative Comment from Affected Parties (38.750.080) PZ Meets Code?
Public Comment NA
Comments: This is the initial project decision. Public notice will occur as detailed on page 1 of this
report. This section will be updated after the noticing period.