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18-490, Staff Report for the NW Corner of Cottonwood and Oak
Annexation and Zone Map Amendment
Public Hearing Date:
Zoning Commission public hearing will be held on January 15, 2019
City Commission public hearing will be held on January 28, 2019.
Project Description: Annexation of 160.51 acres and amendment to the City Zoning
Map for the establishment of a zoning designation of REMU “Residential Emphasis
Mixed-Use” and B-2M “Community Business – Mixed”
Project Location: The property is generally located at the northwest corner of West Oak
Street and Cottonwood Road. The property is legally described as the NE ¼ of Section 4
also known as Tract 5 of Certificate of Survey No. 2552; located in the NE ¼ of Section 4,
Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana.
Recommendation: Approval with terms of annexation and contingencies.
Zoning Commission Motion: Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application #18-490 and move to recommend
approval of the NW Corner of Cottonwood and Oak Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and
considered the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for application #18-
490 and move to approve the NW Corner of Cottonwood and Oak Annexation with
recommended terms of annexation, and direct staff to prepare an annexation agreement
for signature by the parties.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission and all information presented, I hereby adopt the findings presented in the
staff report for application #18-490 and move to approve the NW Corner of Cottonwood
and Oak Zone Map Amendment, with contingencies required to complete the application
processing.
Report Date: January 8, 2019
Staff Contact: Danielle Garber; Assistant Planner, Community Development
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None
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Amendment Page 2 of 31
Project Summary
The applicant, Bryan Klein, seeks to annex 160.51 acres into the City limits and
establish initial zoning of REMU “Residential Emphasis Mixed-Use” for 130.99 acres
and B-2M “Community Business – Mixed” for the remaining 29.51 acres. The property
is currently zoned AS, “Agriculture – Suburban” within the county. The applicant
proposed a change to the future land use map in the Bozeman Community Plan from
Residential and Present Rural to Residential Emphasis Mixed Use and Community
Commercial Mixed Use, which received unanimous City Commission approval during
the December 17, 2018 public hearing and established a commercial node at the Oak
and Cottonwood intersection. The property is surrounded by city limits on two of four
sides and the applicant intends to connect to and extend city services upon
development, pending annexation approval.
The site is adjacent to the new Bozeman Sports Park to the east, the new High School
to the southeast, recently developed and existing residential neighborhoods to the
south, and agricultural to the west and north. The subject property is occupied by a
single-household residence and agricultural uses.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
3. Deny the application based on the Commission’s findings of non-compliance
with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction
to staff or the applicant to supply additional information or to address specific
items.
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Amendment Page 3 of 31
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................................................ 1
Unresolved Issues ................................................................................................................................... 1
Project Summary..................................................................................................................................... 2
Alternatives ............................................................................................................................................... 2
SECTION 1 - MAP SERIES ............................................................................................................................ 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .............................................................. 9
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ................ 13
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ....................................................... 14
Annexation ............................................................................................................................................. 14
Zone Map Amendment....................................................................................................................... 14
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS ................................................. 15
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .......................... 20
PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................................ 27
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............................. 27
APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................................... 28
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................................... 28
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ........................................... 31
FISCAL EFFECTS .......................................................................................................................................... 31
ATTACHMENTS ........................................................................................................................................... 31
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Amendment Page 4 of 31
SECTION 1 - MAP SERIES
Figure 1 Zoning Map
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Amendment Page 5 of 31
Figure 2 Future Land Use Map – CURRENT
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Amendment Page 6 of 31
Figure 3 Future Land Use Map - PRELIMINARILY APPROVED BY THE CITY COMMISSION DEC. 17, 2018
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Amendment Page 7 of 31
Figure 4 Proposed Zoning
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Amendment Page 8 of 31
Figure 5 Future Land Use Map & Closest Existing Service Area Nodes Outlined in Pink
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Amendment Page 9 of 31
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to
comply with the City’s Annexation Policy and the requirements of state law for the
provision of services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be
identified as the “2018 NW Corner of Cottonwood & Oak Annexation”.
2. An Annexation Map, titled “2018 NW Corner of Cottonwood & Oak Annexation” with
a legal description of the property and any adjoining un-annexed rights-of-way
and/or street access easements must be submitted by the applicant for use with the
Annexation Agreement. The map must be supplied on a mylar for City records (18"
by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s
Office. This map must be acceptable to the Director of Public Works and City
Engineer’s Office, and must be submitted with the signed Annexation Agreement.
3. The applicant must execute all contingencies and terms of said Annexation
Agreement with the City of Bozeman within 60 days of the distribution of the
annexation agreement from the City to the applicant or annexation approval shall be
null and void.
4. The landowners and their successors must pay all fire, street, water and sewer
impact fees at the time of connection; and for future development, as required by
Chapter 2, Bozeman Municipal Code, or as amended at the time of application for
any permit listed therein.
5. 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
(SID’s) for the following:
a. Street improvements to Baxter Lane including paving, curb/gutter, sidewalk,
lighting and storm drainage
b. Street improvements to North Cottonwood Road including paving,
curb/gutter, sidewalk, lighting and storm drainage
c. Street improvements to Harper Puckett Road including paving, curb/gutter,
sidewalk, lighting and storm drainage
d. Street improvements to West Oak Street including paving, curb/gutter,
sidewalk, lighting and storm drainage
e. Street improvements to North Laurel Parkway including paving, curb/gutter,
sidewalk, lighting and storm drainage
f. Intersection improvements to Baxter Lane and North Cottonwood Road
g. Intersection improvements to Baxter Lane and Harper Puckett Road
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Amendment Page 10 of 31
h. Intersection improvements to Baxter Lane and North Laurel Parkway
i. Intersection improvements to West Oak Street and North Cottonwood Road
j. Intersection improvements to West Oak Street and Harper Puckett Road
k. Intersection improvements to West Oak Street and North Laurel Parkway
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the applicant agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
The applicant must provide a copy of the SID waiver filed with the County Clerk and
Recorder per the time describe within the annexation agreement.
6. The applicant must execute at the Gallatin County Clerk & Recorder’s Office in
conjunction with the annexation, a waiver of right-to-protest creation of Special
Improvement Districts for a City-wide Park Maintenance District, which would
provide a mechanism for the fair and equitable assessment of maintenance costs for
City parks as part of the Annexation Agreement.
7. Right-of-way must be provided consistent with the City collector and arterial street
standards for the surrounding streets per Bozeman Unified Development Code
(UDC) 38.400.010.A. The applicant should consult the City of Bozeman Design
Standard and Specification Manual and Transportation Master Plans for the
required right-for-way.
i. The applicant must provide the Right-of-way (ROW) defined the City’s
Transportation Master Plan Appendix K Pages 97-98 which falls within the
property to be annexed for Cottonwood Road.
ii. The applicant must provide the ROW defined the City’s Transportation
Master Plan Appendix K Pages 45-46 which falls within the property to be
annexed for Baxter Lane.
iii. The applicant must provide the ROW defined the City’s Transportation
Master Plan Appendix K Pages 218-219 which falls within the property to be
annexed for North Laurel Parkway.
iv. The applicant must provide 60 feet of ROW for the completion of the West
Oak Street along the property frontage.
8. Ten foot utility easements must be provided along the required right-of-way defined
in the above comment for the following location. The executed easement must be
delivered to the City Engineering Department (Griffin Nielsen). The easement must
be executed on the City’s standard easement form. A copy of the standard easement
form may be obtained from the City Engineering Department.
i. Cottonwood Road
ii. Baxter Lane
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Amendment Page 11 of 31
iii. North Laurel Parkway
iv. West Oak Street
9. The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property in accordance with city policy at the
time that connection is available.
10. Upon connection to municipal services, the applicant must properly abandon the
existing on-site septic tank and leach field prior to connection to the City sanitary
sewer system. The applicant must report the abandonment to the City Water and
Sewer Superintendent (John Alston) for inspection, and the applicant must report
the abandonment to the Gallatin City County Health Department. In addition to
abandonment of the septic tank and leach field, the applicant must demonstrate that
the sanitary sewer service to the septic tank has been completely disconnected from
the old septic system prior to connection to the City sanitary sewer system.
11. The property was has been included in the boundary of the City’s infrastructure
master plans and the City’s Growth Map Boundary. As property is applying a change
to the growth policy designation. If approved the property may not develop
intensities indicated with the City’s infrastructure master plan without mitigating
impacts to the City’s infrastructure. This will include providing addendums to
changes to the City’s Infrastructure Master Plans and infrastructure models if
determined necessary by the City’s Engineering Department.
12. The Annexation Agreement shall include the following notices:
a. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for preparing a storm water master plan in
conjunction with future development.
b. The Annexation Agreement must include notice the City will, upon
annexation, make available to the Property existing City services only to the
extent currently available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water
rights or a payment in lieu as required by the Bozeman Municipal Code.
d. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property
until it is verified by the City that the necessary municipal services are
available to the property.
e. The Annexation Agreement must include notice that utility easements may
be required to be provided by the landowner at the time of development to
ensure necessary municipal services are available to the property.
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Amendment Page 12 of 31
f. The Annexation Agreement must include notice charges and assessments
may be required after completion of annexation to ensure necessary
municipal services are available to the property.
g. The Annexation Agreement must include notice that the applicant must
connect to municipal services and will be responsible for installing any
facilities required to provide full municipal services to the property.
h. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for installing any facilities required to
provide full municipal services to the properties in accordance with the City
of Bozeman's infrastructure master plans and all City policies that may be in
effect at the time of development.
13. All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the final
Annexation Agreement.
Advisory Comments
1. Future Impact Fees - Please note that future building permit applications will
require payment of the required 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. If you desire an estimate of the required
impact fees according to current rates please contact the Department of
Community Development and/or visit www.bozeman.net.
2. Upon future development, Cottonwood Road must be fully constructed from the
intersection of West Oak Street to Baxter Lane and must include the associated
intersections in accordance with the City’s Transportation Master Plan.
3. Upon future development, West Oak Street must be fully constructed from the
intersection of Cottonwood Road to Laurel Parkway and must include the
associated intersections in accordance with the City’s Transportation Master
Plan.
4. Upon future development, Laurel Parkway must be fully constructed from the
intersection of West Oak Street to Baxter Lane and must include the associated
intersections in accordance with the City’s Transportation Master Plan.
5. Upon future development, Baxter Lane must be fully constructed from the
intersection of Cottonwood Road to Laurel Parkway and must include the
associated intersections in accordance with the City’s Transportation Master
Plan.
6. BMC 38.410.130.C allows for deferment of cash-in-lieu of water rights or
transfer of water rights for vacant land when the annexation is in excess of ten
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Amendment Page 13 of 31
acres. The applicant must provide water rights and/or payment of cash-in-lieu of
water rights upon future development. The City is aware the property has
existing water rights and will request the rights at the time the transfer is due.
7. Future development relies on a number of sanitary sewer infrastructure pieces
defined in the City Wastewater Collection Facilities Plan including the proposed
Davis Lane Lift Station, Norton East Ranch Outfall Interceptor/or an alternative
solutions, the build out of the Aajker Creek Basin/and Gooch Hill Lift Station to
be in place to serve the whole of the property. Development within the property
will not be permitted until the subsequent infrastructure has been constructed
to serve the portion of the property.
8. Upon future development the City water distribution must be looped through
the property. The water system that meets the requirements of the City Design
Standards and Specifications Policy and be consistent with the City of Bozeman
Water Facility Plan. The property is located at the edge of two different water
pressure zone. The applicant must construct pressure reducing valves to
accommodate connection to the pressure zones upon future extension of water
mains.
9. Upon future development, the applicant must construct an appropriate local
street grid through the property that meets block length requirements defined in
BMC 38.410.040.
10. Upon future development, the applicant must construct a trail network through
the property as defined in the City Parks, Recreation, Open Space, and Trails
(PROST) Plan.
11. Upon future development, the applicant must construct a stormwater system
consistent with the requirements of the City Design Standards and Specifications
Policy. The northwest quadrant of Bozeman experiences high season
groundwater elevations, prior to the approval for future development the season
high must be identified.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process
of the proposed amendment. These contingencies only apply in the event that the related
annexation request has previously been approved.
Recommended Contingencies of Approval:
1. The Ordinance for the Zone Map Amendment must not be approved until the
Annexation Agreement is signed by the applicant and formally approved by the
City Commission. If the Annexation Agreement is not approved, the Zone Map
Amendment application is null and void.
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Amendment Page 14 of 31
2. All documents and exhibits necessary to establish an initial municipal zoning
designation must be identified as the “2018 NW Corner of Cottonwood & Oak
Zone Map Amendment”.
3. The applicant must submit a zone amendment map, titled “2018 NW Corner of
Cottonwood & Oak Zone Map Amendment.” The map must be supplied on: 1) a
mylar for City records (either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x
11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the
County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s
Office; and 4) a PDF. This map must be acceptable to the City Engineer’s Office,
and must be submitted within 60 days of the action to approve the zone map
amendment. Said map shall contain a metes and bounds legal description of the
perimeter of the subject property including adjacent rights-of-way or street
easements, and total acreage of the property to be rezoned; unless the property
to be rezoned can be entirely described by reference to existing platted
properties or certificates of survey.
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) met to discuss the proposed annexation on
November 14, 2018. The DRC did not make a formal recommendation, but did not
express concerns with annexation of the property.
The City Commission will hold a public meeting on the annexation on January 28, 2019.
The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6
p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff
recommends approval as submitted. The NW Corner of Cottonwood and Oak Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s
recommendation and staff responses are predicated on approval of the
annexation, application #18-490.
The Development Review Committee (DRC) considered the amendment on November
14, 2018. The DRC did not identify any infrastructure or regulatory constraints that
would impede the approval of the application. However, annexation term #11 requires
the applicant to provide addendums to changes to the City’s Infrastructure Master Plans
and infrastructure models if determined necessary by the City’s Engineering
Department, and advisory comment #7 acknowledges that future development relies
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Amendment Page 15 of 31
on a number of sanitary sewer infrastructure pieces defined in the City Wastewater
Collection Facilities Plan.
The Zoning Commission will hold a public hearing on this ZMA on January 15, 2019 and
forward a recommendation to the City Commission on the Zone Map amendment.
The City Commission will hold a public meeting on the zone map amendment on
January 28, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The
meeting will begin at 6 p.m.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory
boards and City Commission shall consider the following:
Commission Resolution No. 4400 Criteria
Commission Resolution No. 4400 Goals
Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of
land contiguous to the City.
Yes. The property in question is contiguous to the City limits on the eastern and
southern boundaries.
Goal 2: The City shall seek to annex all areas that are totally surrounded by
the City, without regard to parcel size.
Neutral. The subject property is adjacent to the City on two sides and adjacent to
unincorporated lands on two sides.
Goal 3: The City shall seek to annex all property currently contracting with
the City for services such as water, sanitary sewer and/or fire protection.
Neutral. The subject property is not currently contracting with the City for water,
sewer, or fire protection services. Connection to municipal infrastructure for the
property will be required and will be the responsibility of the owner at the time of
development of the property, as required in term of annexation #9.
Goal 4: It shall be the goal of the City of Bozeman to require annexation of all
land proposed for development lying within the service boundary of the existing
sewer system as depicted in the Bozeman Growth Policy, and to encourage
annexations within the urban growth area identified in the Bozeman Growth
Policy.
Yes. The subject property is located within the urban growth area of the Bozeman
Growth Policy.
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Amendment Page 16 of 31
The City’s 2017 Water Facility Plan shows water service to the property with a 16”
water main in Cottonwood Road between Oak Street and Baxter Lane. The Water
Facility plan also identifies a 12” water main in Laurel Parkway, along the west
boundary of this property, as part of the future water system network. The 2015
Wastewater Facility Plan plans for the provision of City wastewater service to the
property. Currently the City is investigating its ability to provide full sewer service to
the area due to capacity issues in the collection system between the project area and the
wastewater treatment plant. The capacity of the wastewater treatment plant is
adequate to treat wastewater generated by the project. The Norton Ranch East Outfall
Diversion project is currently scheduled as a capital improvement in 2020 to increase
the capacity of the collection system.
The City is actively pursuing solutions to provide service to the area and funding is
allocated to increase the capacity of the system. The Wastewater Facility Plan also
identifies a future project, the Aajker Diversion, to extend the service area to the west as
the city grows.
Resolution No. 4400 Policies
Policy 1: Annexations shall include dedication of all easements, rights-of-way
for collector and arterial streets, water rights, and waivers of right-to-protest
against the creation of improvement districts necessary to provide the essential
services for future development of the City.
Yes. The Recommended Terms of Annexation include requirements to dedicate all
easements, rights-of-way for streets, water rights, and waivers of right-to-protest
against the creation of improvement districts necessary to provide the essential
services for future development of the City.
Policy 2: Issues pertaining to master planning and zoning shall be addressed
in conjunction with the application for annexation.
a. The initial application for annexation shall be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to
accommodate anticipated uses, said amendment process may be initiated by the
applicant and conducted concurrently with the processing for annexation.
Yes. The project is within Bozeman’s current growth boundary. The City Commission
recently approved a change to the designation of the Future Land Use Map of the
Bozeman Community Plan (growth policy) to Residential Emphasis Mixed Use (130.99
acres) and Community Commercial Mixed Use (29.51 acres). The proposed initial
zoning of REMU “Residential Emphasis Mixed-Use” and B-2M “Community Business –
Mixed” are in conformance with the intent of the Bozeman Community Plan future land
use designation and the current development pattern of the area.
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Amendment Page 17 of 31
As Table C-16 from the growth policy shows (see Appendix C), the REMU and B-2M
zoning districts are properly correlated with the Residential Emphasis Mixed Use and
Community Commercial Mixed Use future land use designations.
The REMU zoning implements the REMU growth policy designation by promoting
compact walkable neighborhoods, vertical and horizontal mixed uses, creation and
support of vibrant community centers, enhanced sense of place, promotion of
sustainable communities and a diversity of housing options.
The B-2M zoning implements the Community Commercial Mixed-Use land use
designation by providing for high density development in close proximity to
residential, including residential placement on upper floors above businesses,
development in proximity to arterial corridors and significant streets and
intersections, and emphasizing transit and non-automotive transportation
connections.
The proposed zoning also advances several stated objectives of the growth policy.
Discussion of the Zone Map Amendment criteria are presented in Section 6 of this
report.
b. Initial zoning classifications of the property to be annexed shall be determined by
the City Commission, in compliance with the Bozeman Growth Policy and upon a
recommendation of the City Zoning Commission, prior to final annexation approval.
Yes. The applicant has applied for a Zone Map Amendment, as the subject property is
currently under the zoning jurisdiction of Gallatin County (Zoned AS, Agriculture
Suburban). As a result, an application for a Zone Map Amendment is being processed
concurrently with the annexation request to establish a new zoning designation under
the City of Bozeman. The applicant has applied for a Zone Map Amendment #18-490 to
establish an initial municipal zoning designation of REMU “Residential Emphasis Mixed
Use” and B-2M “Community Business – Mixed.”
c. The applicant may indicate his or her preferred zoning classification as part of
the annexation application.
Yes. The applican has indicated that they prefer a zoning designation of REMU
“Residential Emphasis Mixed Use” and B-2M “Community Business – Mixed”.
Policy 3: Fees for Annexation procedures shall be established by the City
Commission. No fee will be charged for any City-initiated annexation.
Yes. The appropriate application processing and review fees accompanied the
application.
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Amendment Page 18 of 31
Policy 4: It shall be the general policy of the City that annexations will not be
approved where unpaved county roads will be the most commonly used route to
gain access to the property.
Yes. The property proposed for annexation is accessed via Baxter Lane, a paved county
road with a minor arterial designation.
Note: The annexation and the placement of a zoning district designation on the
property by the City does not guarantee available services. Section 38.300.020.C of the
Unified Development Code states: “Placement of any given zoning district on an area
depicted on the zoning map indicates a judgment on the part of the city that the range of
uses allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
Policy 5: Prior to annexation of property, it shall be the policy of the City of
Bozeman to acquire adequate and usable water rights, or an appropriate fee in lieu
thereof, in accordance with Section 38.410.130 of the municipal code.
Yes. The property owner shall provide usable water rights, or cash in-lieu of water
rights thereof, in an amount to be determined by the Director of Public Works, as
outlined by Section 38.410.130 of the municipal code. The calculated amount will be
determined by the Director of Public Works and based on the zoning designation
approved by the City Commission. Due to the size of the annexation, the actual payment
is deferred until the time of future development. Determination of amount due and
payment may occur in conjunction with individual phases of development.
Policy 6: Infrastructure and emergency services for an area proposed for
annexation will be reviewed for the health, safety and welfare of the public. If it is
found that adequate services cannot be provided to ensure public health, safety and
welfare, it shall be the general policy of the City to require the applicant to provide
a written plan for accommodations of these services, or not approve the
annexation. Additionally, annexation proposals that would use up infrastructure
capacity already reserved for properties lying either within undeveloped portions
of the City limits or lying outside the City limits but within the identified sewer or
water service area boundaries, shall generally not be approved.
Yes. City infrastructure and emergency services are anticipated to be available to the
subject property. The site is located adjacent to developments that are currently served
by Bozeman Fire. Recommended Terms of Annexation #9, #10, and #11 address the
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Amendment Page 19 of 31
details regarding provisions and note that the developer will be responsible for
installing facilities required to provide full municipal services to the property in
accordance with the City’s Infrastructure Master Plan, adopted Community Plan, and all
city policies and guidelines that may be in effect at the time of development.
Policy 7: It shall be the general policy of the City of Bozeman to require annexation
of any contiguous property for which City services are requested or for which City
services are currently being contracted.
Yes. City services are not currently being provided to this property. Services are
requested in support of future subdivision and site development of the property.
Policy 8: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works.
Yes. Mapping to meet the requirements of the Director of Public Works must be
provided with the Annexation Agreement. Typically, this includes an 18-inch by 24-inch
mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital
copy containing the metes and bounds legal description of said property. (Mapping
requirements are addressed in Recommended Term of Annexation #2). A draft exhibit
has been provided which appears suitable. The formal mylar map will be required prior
to adoption of the resolution of annexation.
Policy 9: It shall be the policy of the City of Bozeman to assess a system
development/impact fee in accordance with Chpt. 2, Art. 6, Div. 9 Bozeman
Municipal Code (Impact Fees), and in accordance with the Bozeman Growth Policy
and other policies as they are developed.
Yes. The applicant will be required to pay all fire, street, water, and sewer impact fees at
the time of connection for any future development as noted in Recommended Term of
Annexation #4. Standard language addressing this policy has been developed by the
City Attorney for inclusion with all annexation agreements. There are no buildings
presently on the site which require public services.
Policy 10: Public notice requirements shall be in compliance with Montana Code
Annotated. In addition, notice shall be posted in at least one conspicuous location
on the site in question, and mailed to all owners of real property of record within
200 feet of the site in question using the last declared county real estate tax
records, not more than 45 days nor less than 15 days prior to the scheduled action
to approve or deny the annexation by the City Commission, specifying the date, time
and place the annexation will be considered by the City Commission. The notice
shall contain the materials specified by Section 38.40.020.A&B.1, BMC.
Yes. Notices of the public hearing have been sent and posted on the site as set forth
under this policy.
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Amendment Page 20 of 31
Policy 11: Annexation agreements shall be executed and returned to the City within
60 days of distribution of the annexation agreement, unless another time period is
specifically identified by the City Commission.
Yes. This policy item is specified in Recommended Term of Annexation #3.
Policy 12: When possible, the use of Part 46 annexations is preferred.
Yes. This annexation is being processed under Part 46 provisions.
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and
City Commission shall consider the following criteria (letters A-K). As an amendment is
a legislative action, the Commission has broad latitude to determine a policy direction.
The burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes
criteria A-D. Criteria E-K must be considered and may be found to be affirmative,
neutral, or negative. A favorable decision on the proposed application must find that the
application meets all of criteria A-D and that the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The applicant recently proposed to designate the future land use map in the
Bozeman Community Plan (growth policy) for the subject properties as “Residential
Emphasis Mixed Use” and “Community Commercial Mixed Use”, which received City
Commission approval on December 17, 2018 under application #18-450. This approval
establishes a new commercial node in a currently under-served and rapidly growing
section of Bozeman. The following discussion addressees the correlation between these
new growth policy designations and the proposed zoning of REMU “Residential
Emphasis Mixed-use District” and B-2M “Community Business District-Mixed.”
REMU Zoning
As Table C-16 from the growth policy shows (see Appendix C), the REMU zoning district
is properly correlated with the Residential Emphasis Mixed Use future land use
designation. The REMU zoning implements the Residential Emphasis Mixed Use growth
policy designation by promoting compact walkable neighborhoods, vertical and
horizontal mixed uses, creation and support of vibrant community centers, enhanced
sense of place, promotion of sustainable communities and a diversity of housing
Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map
Amendment Page 21 of 31
options. Additionally, the REMU zoning designation implements special standards in
Section 38.330.020 BMC that addresses the following:
Special street and circulation including complete streets that accommodate and
encourage pedestrians, bicycles, buses, automobiles, woonerfs, alleys and
wintertime snow storage to create a “vibrant and connected public realm.”
Urban open space standards that encourage hardscaped plazas and more
concentrated public and private open space opportunities.
To accomplish the goals of the district there are also supplemental use provisions in
Section 38.310.060 BMC that describe:
Developments are encouraged to include non-residential uses, especially
neighborhood support services, mixed horizontally and/or vertically to promote
walkable and sustainable neighborhoods for up to 30% of the total gross
building square footage.
A Master Site Plan or PUD is required for any REMU district greater than 5 acres.
B-2M Zoning
Table C-16 also shows a correlation between the future land use designation of
Community Commercial Mixed Use and the proposed B-2M zoning district. The growth
policy’s description of the community commercial mixed use land use policy on page 3-
10 states “In the “center-based” land use pattern, Community Commercial Mixed Use
areas are integrated with significant transportation corridors, including transit and non-
automotive routes, to facilitate efficient travel opportunities. The density of development
is expected to be higher than currently seen in most commercial areas in Bozeman and
should include multi-story buildings… It is desirable to allow residences on upper floors, in
appropriate circumstances. Urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities are anticipated, appropriately designed for an
urban character. Placed in proximity to significant streets and intersections, an emphasis
on vehicle, pedestrian, bicycle, and transit circulation shall be provided. High-density
residential areas are expected in close proximity. Including residential units on sites
within this category, typically on upper floors, will facilitate provision of services and
opportunities to persons without requiring the use of an automobile.”
Section 38.300.110 BMC describes the intent of the B-2M district and states, “The intent
of the B-2M community business district-mixed is to function as a vibrant mixed-use
district that accommodates substantial growth and enhances the character of the city.
This district provides for a range of commercial uses that serve both the immediate area
and the broader trade area and encourages the integration of multi-household
residential as a secondary use. Design standards emphasizing pedestrian oriented design
Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map
Amendment Page 22 of 31
are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes and/or areas served by transit.”
As you can see, there are significant areas of correlation between the two
descriptions, specifically:
High density development in close proximity to residential, including residential
placement on upper floors above businesses,
Development in proximity to arterial corridors and significant streets and
intersections, and
Emphasizing transit and non-automotive transportation connections.
The subject property for the proposed B-2M zoning is located directly northwest of
the intersection of Cottonwood and Oak, both classified as principal arterials and
slated for 5-lane arterial design upgrades or extensions. As well as, directly southwest
of the corner of Cottonwood and Baxter, currently a 3-lane minor arterial. In addition
to principal transportation corridors, there are significant community resources
located in close proximity. Across Cottonwood, directly to the east, is the Bozeman
Sports Park, a sports complex that at its full buildout will house over 14 soccer fields,
a splash pad, a play space, walking trails, a 2-acre dog park, and parking for over 600
vehicles. Directly southeast is the new Bozeman High School that will eventually serve
approximately 1,500 students and have over 100 faculty & staff members, outdoor
fields and courts, a 2,500-seat competition gym and a 750-seat auditorium.
Goals and Objectives of the Growth Policy
Finally, the proposed zone map amendment advances multiple objectives of the
growth policy:
Community Quality Objective 3.2: “Provide for neighborhood focal points to
encourage local identity within the community and provide a place for social
interaction”
Public Services and Facilities Objective 2.1: “Ensure that the area around
educational institutions has adequate residential parking, facilities, bike paths,
safe cross walks, and zoning to ensure quality of life for school users and city
residents.”
Housing Objective 1.1: “Encourage and support the creation of a broad range of
housing types in proximity to services and transportation options.”
Housing Objective 1.3: “Promote the provision of a wide variety of housing types in
a range of costs to meet the diverse residential needs of Bozeman residents.”
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Amendment Page 23 of 31
Housing Objective 3.3: “Promote the development of a wide variety of housing types,
designs, and costs to meet the wide range of residential needs of Bozeman
residents.”
Environmental Quality and Critical Lands Objective 4.2: “Promulgate efficient land
use practices.”
No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The subject property is located adjacent to the jurisdiction of the City of Bozeman
Fire and Police Departments. Additionally, the subject site is located less than 1.5 miles
from Bozeman Fire Station No 3. If developed, the property will be required to conform
to the City of Bozeman standards and regulations in terms of fire, safety, and other
emergency services standards.
C. Promote public health, public safety, and general welfare.
Yes. The proposed zoning designation will promote general welfare by allowing
flexibility and higher densities to meet the needs of the growing community. The City
has adopted extensive design standards to ensure that a more intensive form of
development is compatible with other adjacent uses. These zoning designations create
the opportunity for a broad range of commercial uses to serve both the surrounding
neighborhood and the City as a whole. The majority of the parcel being designated as
REMU is intended to be primarily residential and will be compatible with the
surrounding land uses and will provide the foundation for a walkable community. A B-
2M designation in the SE portion of the parcel will further strengthen and encourage
pedestrian use by placing residents closer to businesses and institutions and vice-versa.
The REMU zoning designation will provide the opportunity for residential opportunities
in close proximity to existing services such as Bozeman Sports Park, new high school,
and future employment, offices, shopping and services in the B-2M district.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements.
Yes. The development of public infrastructure improvements to serve the property will
be required to conform to the City of Bozeman’s adopted standards which require
properties to construct public infrastructure relating to transportation, water, sewer,
schools, parks, and other public needs. The project site is within the City’s sewer, storm
water and water facility plan boundaries and the Capital Improvements Plan (CIP)
2019-2023 identifies the following improvements to be completed:
Oak/Cottonwood Intersection (fiscal year 2020)
Cottonwood Road between Oak Street and Baxter Lane (fiscal year 2023)
Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map
Amendment Page 24 of 31
Baxter/Cottonwood Intersection (fiscal year 2023).
The terms of annexation require the applicant to connect to municipal services and
install any facilities required to provide full municipal services to the property. The
property is located in the drainage basin for the Baxter Meadows lift station, which is at
capacity. Any future development would not be allowed to exceed capacity of the
Baxter Meadows lift station until the Davis Lane Lift Station and Norton East Ranch
Outfall Diversion are constructed and can provide additional sewer capacity in the
Baxter Creek drainage basin.
Any future site development proposals will be required to demonstrate the adequate
provision of public services, parkland development, natural resource protection, and
other required improvements. Term of annexation #12 requires the applicant to review
and update, through addendums, the City’s Infrastructure Master Plans as determined
to be necessary by the City’s Engineering Department prior to development.
Proposed development would be serviced by the existing school system and new high
school, and the residential density allowed within the REMU district is not anticipated
to overburden the school district. The new Bozeman Sports Park is near the subject
property which will help serve the recreational needs of future residents. Any proposed
development would be required to meet emergency access requirements during site
plan review.
E. Reasonable provision of adequate light and air.
Yes. The REMU and B-2M zoning designations require any future development to
conform to the City’s form and intensity standards in terms of setbacks, height, and lot
coverage and floor area ratio. REMU and B-2M focus on pedestrian use, access, and
connectivity that will further protect the provision of adequate light and air between
existing residential neighborhoods to the south. All future site plans and development
will require compliance with the City’s standards to assure the provision of adequate
light and air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed REMU and B-2M zoning designations will have a neutral effect
on the City’s transportation systems, as any proposed development would require an
analysis of future traffic impacts and any necessary mitigation would be required prior
to approval. Future development on the subject property is anticipated to increase
traffic; however, compliance with applicable engineering standards will be required
upon subdivision and site plan review. Additionally, the proposed zone changes provide
a focus on pedestrian and multi-modal transportation in the neighborhood commercial
node, and bicycle infrastructure in the residential district, which should help mitigate
traffic impacts and increase capacity.
Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map
Amendment Page 25 of 31
As discussed above, in criteria D, the CIP has significant projects scheduled in the area,
however that is not a guarantee of improvements as the CIP is reviewed every year and
changes may be made to the funding schedule by the review authority. Advisory
comments 2-5 discuss the requirement that upon development Cottonwood Road, Oak
Street, Laurel Parkway and Baxter Lane must be fully constructed with their associated
intersections per the City’s Transportation Master Plan.
G. Promotion of compatible urban growth.
Yes. The proposed REMU and B-2M zoning designations promote compatible urban
growth as it is in accordance with the recently approved amendment to the future land
use designations in the Bozeman Community Plan. The adjacent properties that are
zoned R-4, R-O, and R-2 are compatible adjacent land uses to the primarily residential
REMU zone. The proposed zoning will allow a mix of residential and commercial uses to
support the surrounding neighborhood needs and encourage economic development.
The master plan or PUD review requirements for REMU zoning will help ensure that the
PROST Plan trails and shared use paths through and adjacent to this property are
continued, and natural resources are protected and are able to be enjoyed by the larger
community.
Compatible development is defined in Section 38.700.040 as “The use of land and the
construction and use of structures which is in harmony with adjoining development,
existing neighborhoods, and the goals and objectives of the city’s adopted growth
policy. Elements of compatible development include, but are not limited to, variety of
architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design,
density or use.”
Compatible land use is defined in Section 38.700.040 as “A land use which may by
virtue of the characteristics of its discernible outward effects exist in harmony with an
adjoining land use of differing character. Effects often measured to determine
compatibility include, but are not limited to noise, odor, light and the presence of
physical hazards such as combustible or explosive materials.”
H. Character of the district.
Yes. The proposed REMU and B-2M zoning designations promote the character of the
district as the allowed uses are compatible with the land use of surrounding residential
development to the south and the parkland to the east. Arterial and collector roads will
separate this property from adjacent lands. This will provide a physical separation
Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map
Amendment Page 26 of 31
between uses that will materially lessen any possible conflicts. Any adjacency conflicts
between the subject property and the county agricultural property to the north and
west would be reviewed during site plan review. The proposed B-2M zoning allows for
the establishment of a commercial service area that replaces a commercial node that
was displaced by the new high school development. REMU and B-2M zoning will
provide options for a variety of housing and flexibility that will allow for contextually
sensitive development strategies.
I. Peculiar suitability for particular uses.
Yes. The new zoning will address the affected area’s peculiar suitability for uses as any
new development will have to meet applicable standards per the City’s development
standards and regulations. Any proposed development would need to comply with the
zoning ordinance requirements of the REMU and B-2M zones. While the current use is
agricultural, the property is adjacent to developed, residential areas of varying densities
and public land uses. The proposed zoning would allow a commercial node that would
complement adjacent uses, promote a cohesive neighborhood pattern that will connect
adjacent roadways and corridors, and extend existing infrastructure.
J. Conserving the value of buildings.
Neutral. The large property includes one residential structure and several outbuildings
on site. The applicant has indicated that the structures are uninhabitable and are to be
demolished, while some may be salvaged or repurposed. The proposed zoning and
annexation may lead to additional residential and commercial development in the
future, which may affect adjacent residential and agricultural land uses negatively by
altering views and creating more thru-traffic, or it may impact it positively by
increasing housing options, adding nearby services and enhancing the neighborhood
character which could increase nearby property values. The amended zoning does not
create any non-conforming structures or other regulation conflicts that damage
building value. Any future development on the property will be subject to standards in
the REMU and B-2M districts which will ensure the conservation of adjacent building
values.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The proposed REMU and B-2M zoning will encourage the most appropriate use of
land by adhering to the recently approved Community Plan, which designates the future
land uses of the properties as Residential Emphasis Mixed Use and Community
Commercial Mixed Use. This change allows a diverse residential and mixed-use density
pattern that is appropriate for the area.
Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map
Amendment Page 27 of 31
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS
OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR
THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED
CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE
FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE
CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the
owner(s) of real property within the area affected by the proposal or by owner(s) of real
property that lie within 150 feet of an area affected by the proposal. The protest must be in
writing and must be signed by all owners of the real property. In addition, a sufficient
protest must: (i) contain a description of the action protested sufficient to identify the
action against which the protest is lodged; and (ii) contain a statement of the protestor's
qualifications (including listing all owners of the property and the physical address and
legal description of the property), to protest the action against which the protest is lodged,
including ownership of property affected by the action. Signers are encouraged to print
their names after their signatures. A person may in writing withdraw a previously filed
protest at any time prior to final action by the City Commission. Protests must be
delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman,
MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND
The applicant, Bryan Klein, seeks to annex 160.51 acres into the City limits and establish
initial zoning of REMU “Residential Emphasis Mixed-Use” for 130.99 acres and B-2M
“Community Business – Mixed” for the remaining 29.51 acres. The property is currently
zoned AS, “Agriculture – Suburban” within the county. The applicant proposed a change to
the future land use map in the Bozeman Community Plan from Residential and Present Rural
to Residential Emphasis Mixed Use and Community Commercial Mixed Use, which received
unanimous City Commission approval during the December 17, 2018 public hearing. The
property is surrounded by the city limits on two of four sides and the applicant intends to
connect to and extend city services upon development, pending annexation approval.
The site is adjacent to the new Bozeman Sports Park to the east, the new High School to the
southeast, recently developed and existing residential neighborhoods to the south, and
agricultural to the west and north. Baxter Creek runs north-south on the western portion of
the site, with NRCS and GLWQD delineated wetlands on the west and central portions of the
Staff Report for the 2018 NW Corner of Cottonwood and Oak Annexation and Zone Map
Amendment Page 28 of 31
site. The current use is agricultural and residential, with a single-family residence, with
several associated barn, shed, and outbuildings.
The subject property is surrounded by land zoned PLI, Public Lands/Institutions to the east,
and land zoned residentially as R-O, R-4, and R-2 to the south. To the north and west, the
land is county zoned AS, Agriculture Suburban. The proposed REMU and B-2M development
is compatible with the surrounding neighborhood character. Overall, the proposed zoning
and annexation meets the intent of the City’s community plan, zoning ordinance, and future
urban growth criteria.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice was sent via US First Class mail on Friday, December 28, 2018 to all owners of
property located inside the proposed change and within 200 feet of the perimeter of the
change. The project site was posted on Sunday, December 30, 2018. Notice was published
in the Legal Ads section of the Bozeman Daily Chronicle on Sunday, December 30, 2018 and
January 6, 2019. The Zoning Commission public hearing will be held on January 15, 2019
and the City Commission public hearing is scheduled for January 28, 2019.
As of January 8, 2019, no public comment has been received.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property recently received City Commission approval for land use designations of
“Residential Emphasis Mixed Use” and “Community Commercial Mixed Use” in the
Bozeman Community Plan. According to the plan, the Residential Emphasis Mixed Use
category “promotes neighborhoods with supporting services that are substantially
dominated by housing. A diversity of residential housing types should be built on the
majority of any area within this category. Housing choice for a variety of households is
desired and can include attached and small detached single-household dwellings,
apartments, and live-work units. Residences should be included on the upper floors of
buildings with ground floor commercial uses. Variation in building massing, height, and
other design characteristics should contribute to a complete and interesting streetscape
and may be larger than in the Residential category.
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the
ground floor. All uses should complement existing and planned residential uses. Non-
residential uses are expected to be pedestrian oriented and emphasize the human scale
with modulation as needed in larger structures. Stand alone, large, non-residential uses are
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Amendment Page 29 of 31
discouraged. Non-residential spaces should provide an interesting pedestrian experience
with quality urban design for buildings, sites, and open spaces.
This category is implemented at different scales. The details of implementing standards
will vary with the scale. The category is appropriate near commercial centers and larger
areas should have access on collector and arterial streets. Multi-household higher density
urban development is expected. Any development within this category should have a well
integrated transportation and open space network which encourages pedestrian activity
and provides ready access within and to adjacent development.”
The Community Commercial Mixed Use description in the Bozeman Community Plan states
“Activities within this land use category are the basic employment and services necessary
for a vibrant community. Establishments located within these categories draw from the
community as a whole for their employee and customer base and are sized accordingly. A
broad range of functions including retail, education, professional and personal services,
offices, residences, and general service activities typify this designation. In the “center-
based” land use pattern, Community Commercial Mixed Use areas are integrated with
significant transportation corridors, including transit and non-automotive routes, to
facilitate efficient travel opportunities. The density of development is expected to be higher
than currently seen in most commercial areas in Bozeman and should include multi-story
buildings. A Floor Area Ratio in excess of .5 is desired. It is desirable to allow residences on
upper floors, in appropriate circumstances. Urban streetscapes, plazas, outdoor seating,
public art, and hardscaped open space and park amenities are anticipated, appropriately
designed for an urban character. Placed in proximity to significant streets and
intersections, an equal emphasis on vehicle, pedestrian, bicycle, and transit circulation shall
be provided. High density residential areas are expected in close proximity. Including
residential units on sites within this category, typically on upper floors, will facilitate the
provision of services and opportunities to persons without requiring the use of an
automobile.
The Community Commercial Mixed Use category is distributed at two different scales to
serve different purposes. Large Community Commercial Mixed Use areas are significant in
size and are activity centers for an area of several square miles surrounding them. These
are intended to service the larger community as well as adjacent neighborhoods and are
typically distributed on a one mile radius. Smaller Community Commercial areas are
usually in the 10-15 acre size range and are intended to provide primarily local service to
an area of approximately one-half mile radius. These commercial centers support and help
give identity to individual neighborhoods by providing a visible and distinctive focal point.
They should typically be located on one or two quadrants of intersections of arterials
and/or collectors. Although a broad range of uses may be appropriate in both types of
locations the size and scale is to be smaller within the local service placements.
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Amendment Page 30 of 31
Mixed use areas should be developed in an integrated, pedestrian friendly manner and
should not be overly dominated by any single land use. Higher intensity employment and
residential uses are encouraged in the core of the area or adjacent to significant streets and
intersections. As needed, building height transitions should be provided to be compatible
with adjacent development.
As Table C-16 from the Bozeman Community Plan shows, the proposed zoning of REMU
and B-2M are implementing districts for the future land use designation of “Residential
Emphasis Mixed Use” and “Community Commercial Mixed-Use.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of “REMU” (Residential Emphasis Mixed Use) and “B-
2M” (Community Business District – Mixed) in association with the annexation of the
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Amendment Page 31 of 31
property. The intent of the REMU District is to “establish areas within Bozeman that are
mixed-use in character and to provide options for a variety of housing, employment,
retail and neighborhood service opportunities within a new or existing neighborhood.
Use of this zone is appropriate for sites at least five acres in size and areas located
adjacent to an existing or planned residential area to help sustain commercial uses within
walking distance and a wider range of housing types.”
The intent of the B-2M district is to “function as a vibrant mixed-use district that
accommodates substantial growth and enhances the character of the city. This district
provides for a range of commercial uses that serve both the immediate area and the
broader trade area and encourages the integration of multi-household residential as a
secondary use. Design standards emphasizing pedestrian-oriented design are important
elements of this district. Use of this zone is appropriate for arterial corridors, commercial
nodes and/or areas served by transit.”
Section 38.310.040 BMC establishes the uses that are allowed in the REMU and B-2M
zoning districts. Principal uses are indicated with a "P," conditional uses are indicated
with a "C," accessory uses are indicated with an "A," and uses which are not authorized
within the district are indicated by a "-."
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owners: Baxter Ranch Holding LTD and Estate of Vesta F. Anderson, PO Box 3253, Billings,
MT 59103
Applicant: Bryan Klein, PO Box 11890, Bozeman, MT 59719
Representative: Kilday & Stratton, 2880 Technology Blvd W, Bozeman, MT 59718
Report By: Danielle Garber, Community Development Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
NW Corner of Cottonwood and Oak Annexation and ZMA application