Loading...
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.