HomeMy WebLinkAbout191011_Bozeman_DraftPlan_hh-
BOZEMANMT COMMUNITY PLAN UPDATE
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Preliminary Draft Plan, V5 for City of Bozeman Staff & Planning Board Review | 26 September 2019
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SIGNATURE PAGE
This certifies that the Bozeman Community Plan has been duly adopted by the Bozeman
City Commission by City of Bozeman Resolution No. ____, dated ___________.
BOZEMAN CITY COMMISSION
_________________________
Mayor Cyndy Andrus
Deputy Mayor Chris Mehl
Commissioner Terry Cunningham
Commissioner Jeff Krauss
Commissioner I-Ho Pomeroy
BOZEMAN PLANNING BOARD
Henry (Hap) Happel, Chair
Chris Mehl, Commission Liaison
Cathy Costakis
Mark Egge
Jennifer Madgic
Gerald (Jerry) Pape, Jr.
Paul Spitler
George Thompson
Lauren Waterton
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BOZEMANMT COMMUNITY PLAN UPDATE
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Preliminary Draft Plan, V5 for City of Bozeman Staff & Planning Board Review | 26 September 2019
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ACKNOWLEDGMENTS
City of Bozeman City Commission
Mayor Cyndy Andrus
Deputy Mayor Chris Mehl
Commissioner Terry Cunningham
Commissioner Jeff Krauss
Commissioner I-Ho Pomeroy
City of Bozeman Planning Board
Henry (Hap) Happel, Chair
Chris Mehl, Commission Liaison
Cathy Costakis
Mark Egge
Jennifer Madgic
Gerald (Jerry) Pape, Jr.
Paul Spitler
George Thompson
Lauren Waterton
Brianne Dugan, Past Member
John Lavey, Past Member
Jordan Zignego, Past Member
City of Bozeman Staff
Martin Matsen, Director
Chris Saunders, Community Development Manager
Tom Rogers, Senior Planner
Consultant Team
Logan Simpson
Leland Consulting
Special thanks to the community members who participated in the process and
contributed to the development of the Community Plan.
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BOZEMANMT COMMUNITY PLAN UPDATE
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Preliminary Draft Plan, V5 for City of Bozeman Staff & Planning Board Review | 26 September 2019
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CONTENTS
Signature Page ............................................................................................................................... 2
Bozeman City Commission ......................................................................................................... 2
Bozeman Planning Board ........................................................................................................... 2
Acknowledgments ........................................................................................................................... 3
Contents .......................................................................................................................................... 4
Tables and Figures ......................................................................................................................... 6
EXECUTIVE SUMMARY ................................................................................................................ 1
Background ................................................................................................................................. 1
CHAPTER 1 | FOUNDATION ......................................................................................................... 1
Foundation ................................................................................................................................... 1
Existing Guidance ....................................................................................................................... 3 Engagement and Process ........................................................................................................... 5
Plan Structure .............................................................................................................................. 7
Future Land Use .......................................................................................................................... 8
CHAPTER 2 | IMPLEMENTATION ................................................................................................ 1
Importance ................................................................................................................................... 1
Resilience .................................................................................................................................... 1 Action Plan .................................................................................................................................. 1
CHAPTER 3 | THE SHAPE OF THE CITY .................................................................................... 1
Importance ................................................................................................................................... 1
Goals, Objectives, and Actions ................................................................................................... 1
Other Relevant Plans/Links to Plans .......................................................................................... 3
CHAPTER 4 | A CITY OF NEIGHBORHOODS ............................................................................. 1
Importance ................................................................................................................................... 1
Goals, Objectives, and Actions ................................................................................................... 1
Other Relevant Plans/Links to Plans .......................................................................................... 3
CHAPTER 5 | A CITY BOLSTERED BY DOWNTOWN AND COMPLEMENTARY DISTRICTS . 1
Importance ................................................................................................................................... 1
Goals, Objectives, and Actions ................................................................................................... 1
Other Relevant Plans/Links to Plans .......................................................................................... 3
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BOZEMANMT COMMUNITY PLAN UPDATE
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CHAPTER 6 | A CITY INFLUENCED BY OUR NATURAL ENVIRONMENT, PARKS, AND OPEN SPACE ................................................................................................................................. 1
Importance ................................................................................................................................... 1
Goals, Objectives, And Actions ................................................................................................... 1 Other Relevant Plans/Links to Plans .......................................................................................... 3
CHAPTER 7 | A CITY THAT PRIORITIZES ACCESSIBILITY AND MOBILITY CHOICES .......... 1
Importance ................................................................................................................................... 1
Goals, Objectives, and Actions ................................................................................................... 1 Other Relevant Plans/Links to Plans .......................................................................................... 3
CHAPTER 8 | A CITY POWERED BY ITS CREATIVE, INNOVATIVE, AND ENTREPRENEURIAL ECONOMY ................................................................................................. 1
Importance ................................................................................................................................... 1 Goals, Objectives, and Actions ................................................................................................... 1
Other Relevant Plans/Links to Plans .......................................................................................... 2
CHAPTER 9 | A CITY ENGAGED IN REGIONAL COORDINATION ............................................ 1
Importance ................................................................................................................................... 1 Goals, Objectives and Actions .................................................................................................... 1
Other Relevant Plans/Links to Plans .......................................................................................... 3
CHAPTER 10 | AMENDMENTS AND REVIEW ............................................................................. 1
Amendments ............................................................................................................................... 1 Review Triggers and Amendment Criteria .................................................................................. 2
Amendments ............................................................................................................................... 3
Zoning Amendment Review ........................................................................................................ 4 Public Review and Hearing Procedures ................................................................................... 13
Subdivision Review ................................................................................................................... 15
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TABLES AND FIGURES
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BOZEMANMT COMMUNITY PLAN UPDATE
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EXECUTIVE SUMMARY
BACKGROUND
Founded in 1864 and incorporated in 1883, Bozeman has become the fastest growing
micropolitan City in the United States. Desirable amenities, such as immediate access to
year-round recreation, high-quality education, and a growing high-tech culture have all
contributed to increasingly high rates of development, employment, and population
growth.
Bozeman now has a population of over 48,000 people, up from 22,660 in the year
1990, making it the fourth largest City in Montana. It is expected the City will exceed
50,000 and become a metropolitan area with the 2020 US Census. The City is known as
a regional healthcare hub and the gateway community to Yellowstone National Park as
well as several very popular ski areas. The Bozeman Yellowstone International Airport
(BZN) and the City’s location adjacent to Interstate-90 make its amenities easily
accessible.
[insert callout with the expected 2040 population (from the EPS study, and note that
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What Is The Plan?
The Community Plan (the Plan) is Bozeman’s long-range growth policy for land use
and development. The purpose of the Plan is to guide land use, community
resilience, and community annexation decisions and to evaluate and prioritize City
actions and land development moving forward.
Importance
Prior to the current 2009 Community Development Plan, the City had prepared five
others, dating back to 1958. This new Plan presents a shared vision and a set of City
goals and objectives. The Plan is a tool for implementing and monitoring the
achievement of the established goals and objectives.
Plan Development
Developing Bozeman’s Community Plan involved extensive public outreach and
involvement from both the Planning Board and City Commission to consistently
guide the process towards a high-quality, actionable Plan that accurately reflects
Bozeman’s vision.
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BOZEMANMT COMMUNITY PLAN UPDATE
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Public comment made in-person at public events, small group sessions, one-on-one
interviews, submitted written comments, and through online questionnaires, along
with Planning Board and City Commission meetings laid the groundwork for the
development of the Plan’s seven Themes. These Themes provide a high-level policy
structure and guide the goals and objectives laid out in this Plan. The Themes are
outlined below, and can be found in more detail in Chapters Three through Nine.
Plan Structure
THE SHAPE OF THE CITY: The urban character of our well-Planned City is
defined by urban edges, varied skyline, pedestrian-friendly streetscapes, and
integration with the natural landscape that surrounds us.
A CITY OF NEIGHBORHOODS: Our City is diverse and inclusive, defined by a
variety of quality housing, our schools and parks, walkable neighborhood
centers, and active commercial districts.
A CITY BOLSTERED BY DOWNTOWN AND COMPLEMENTARY
DISTRICTS: Our City is bolstered by our Downtown, Midtown, University and
other commercial districts and neighborhood centers that are characterized by
higher densities and intensification of use.
A CITY INFLUENCED BY OUR NATURAL ENVIRONMENT, PARKS, AND
OPEN SPACE: Our City is home to an outdoor-conscious population that
celebrates and protects our natural environment and protects and enhances
access to a well-managed open space and parks system.
A CITY THAT PRIORITIZES ACCESSIBILITY AND MOBILITY: Our City
fosters the close proximity of housing, services, and jobs, and provides safe,
efficient mobility for pedestrians, cyclists, transit users, and drivers.
A CITY POWERED BY ITS CREATIVE, INNOVATIVE, AND
ENTREPRENEURIAL ECONOMY: Our City, and all residents, benefit from an
expanding economy that is powered by educational development, strong regional
partnerships, job creation, talent retention, and support for local businesses.
A CITY ENGAGED IN REGIONAL COORDINATION: Our City, in partnership
with Gallatin County, Montana State University, and other regional authorities,
addresses the needs of a rapidly growing and changing regional population
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Deleted: Themes¶The seven Themes represent the community’s vision for the future of Bozeman and relate to urban character; inclusivity; high-quality and attainable housing; appropriate densification and intensification of uses in specific areas; open spaces; mobility; economy; and coordination with regional agencies and municipalities. ¶
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through strategic infrastructure choices, land use Planning, and thoughtful
decision-making.
Goals, Objectives, and Actions
Each Theme is supported by one or more goals - concise statements of what the
community aims to accomplish over the life of the Plan. Within each goal there
are one or more objectives - a course of action or direction. The objectives
provide ongoing guidance for community leaders, staff, and administrators as
they make decisions about development, programs, and investments in the City.
Objectives may be ongoing activities or shorter term actions.
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CHAPTER 1 | FOUNDATION
FOUNDATION
Planning Area
Bozeman’s Planning Area (BPA) is a set boundary coordinated with the municipal
sewer and water service boundary and covers the City of Bozeman as well as a
half-mile to two-mile area around the City. The BPA is nearly 70.8 square miles.
The City’s current footprint is 20.4 square miles.
The BPA is the planning area for growth in the future, and for intergovernmental
coordination. As Bozeman continues to grow responsibly, future development will
inevitably occur within this growth area.
[Insert diagrammatic map of both boundaries]
Planning Time Horizon
The time horizon for this Plan is 20 years, i.e. until 2040. This time horizon is
referred to in this Plan as the “Planning Period.”
Overview of Public Outreach
Extensive public engagement is a crucial component to the development of any
growth policy. The development of the Plan took place through four distinct
phases. The community was provided with many opportunities throughout to
voice their opinion through a wide range of outlets, including large-scale
community events, small group listening sessions, stakeholder interviews, and a
series of progressive, easy-to-use online surveys. These events were advertised
through social media such as Facebook, Twitter, and Instagram, as well as on
the City’s website and calendar. Additionally, postcards and flyers were handed
out and posted throughout the community to encourage high levels of
participation and to increase overall awareness.
[Insert graphic overall process chart]
Existing Conditions
[Insert infographics for key statistics throughout the following section]
Population
Bozeman’s estimated 2018 population (48,105) was more than double the City’s
population in 1990 (22,660). The median age of Bozeman residents is 27.9 years
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old, which can partially be attributed to the enrollment of over 16,900 students
at Montana State University. The University has experienced a near four percent
growth rate between 2009 and 2016, which has since tapered off to between 1
and 2 percent. Over fifty-five percent of residents have a Bachelor’s Degree or
higher, in comparison to the national average of thirty percent. The City is
projected to grow by nearly 27,000 people through the year 2045.
Net migration accounted for seventy-five percent of Gallatin County’s population
change between 2010 and 2017. A high rate of net migration indicates an area
that is a desirable place to live in and also a sign of a thriving economy.
Employment
Bozeman’s largest employer is Montana State University, with over 3,000 full and
part-time employees. Education, healthcare, and social assistance jobs account
for 28.6% of the workforce, followed by arts, entertainment, recreation, food
services, and the retail trade. Gallatin County has experienced employment
growth rate of over four percent per annum since 2010, adding 12,000 jobs, with
eighty percent of the growth occurring in the City of Bozeman.
The median household income in Bozeman is $49,217, but the median household
income for homeowners in Bozeman is $79,662 and the median household
income for renters is $35,012. This disparity as well probably reflects to some
extent the impact of MSU students on Bozeman statistical averages.
Housing
The median sale price of homes, including single-unit homes, townhomes and
condominiums, was $385,000 in 2018, an increase of 75% since 2012. During
this same period, the consumer price index rose ______% and the cost of homes
nationwide rose ________%.
Twenty-four percent of homeowners are “cost burdened,” paying thirty percent
or more of their income towards rent or mortgage payments, while fifty-five
percent of renters are cost-burdened. In the U.S. as a whole, 22.5% of
homeowners were cost burdened in 2017, the last year for which such statistics
are available.
About 45% of households in the City own their homes. This equates to about
9,200 owner-occupied households in 2018.
Between 2010 and fall 2018, forty-four percent of housing units built were multi-
unit (3+), forty-one percent were single-unit, fourteen percent townhomes and
duplexes, and two percent were accessory dwelling units (ADUs). Forty-one
percent of homes in Bozeman are single-detached, compared to nearly seventy
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Commented [MOU1]: These two sentences mix up the
apples of number of employees with the oranges of percentages of employees. It could profitably be replaced with a graph showing total employment broken down into a
reasonable number of total categories and showing both absolute numbers and percentages.
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Commented [MOU3]: This adds up to 101%. One of these numbers needs to be reduced by 1%.
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percent in Montana and sixty-two percent at the national level. There is an
estimated demand for over 12,700 new residences in Bozeman by the year 2045
to compensate for current shortfall and the projected population increase.
Transportation
Bozeman residents have access to a range of growing transportation options,
such as the six routes offered by Streamline Bus service, Galavan transportation
service for seniors and disabled individuals, and the bike network, which consists
of 18 miles of bike routes, 33 miles of bike lanes, 23 miles of shared-use paths,
and 92 miles of unpaved trails. Sidewalks are included along nearly all streets
within the City.
Seventy percent of Bozeman commuters drive alone, sixteen percent walk or ride
a bike, six percent work from home, and less than one percent of commuters use
public transit. The average commute time is approximately fourteen and a half
minutes, compared to the state average of eighteen minutes and the national
average of twenty-six minutes.
Bozeman is expanding its long established interconnected road network. The City
has limited the size of its major streets to not larger than five lanes to prevent
the streets from being barriers to pedestrians. The City requires pedestrian and
bicycle facilities with all streets.
Growth
Bozeman’s land area is growing in addition to its population growth. Since 1988,
Bozeman has annexed more than 6,650 acres of land, or about 10.3 square
miles – more than doubling its size.
The projected land demand over the Planning Period, based on estimated
population growth, ranges from 3,820 acres to 5,716 acres, depending on levels
of density in future residential developments. Faster rates of population growth
require additional area.
[insert infographic of annexed acreage by year (i.e. 1988 = 5,903 acres; 1990 =
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EXISTING GUIDANCE
Relationship to Other Plans
The Bozeman Strategic Plan is the overarching statement of policy for the City. It
was adopted by the City Commission on March 5, 2018 by Resolution 4852 after
a 24-month process of community discussion and evaluation. The Strategic Plan
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provides an overarching Vision and details seven priorities for how Bozeman
operates and interacts with its citizens and other community partners.
This Community Plan is the primary guidance document regarding land use
Planning and related municipal utility and other issues affecting the use of land.
The Community Plan is influenced by and will influence a number of other local
Plans, guidelines, policies, and manuals. These are intended to be used together
to achieve a set of community goals while minimizing redundancies, and include
the Transportation Master Plan, neighborhood Plans such as the Downtown
Bozeman Improvement Plan, and the City’s various water-related plans.
[Insert revised gear diagram]
Alignment with the Strategic Plan
The Strategic Plan provides direction for this Community Plan through its Vision
Statement entitled A Well-Planned City. This Vision Statement focuses on
balanced growth, high quality Planning and design, strategic infrastructure
choices, districts, and neighborhood centers. The seven Themes in this Plan
further those components and incorporate goals and objectives related to
achieving success.
[Insert table/ chart of the Strategic Plan Vision Statement vs. Themes]
Current Topic Plans
• Downtown Improvement Plan – 2019
• Housing Needs Assessment – 2019
• Stormwater Management Plan – 2019
• Cemetery Master Plan Update – 2018
• Gallatin County Hazard Mitigation Plan and Community Wildfire Protection
Plan (draft) – 2019
• Drought Management Plan – 2017
• Fire and EMS Master Plan – 2017
• Midtown Action Plan – 2017
• Transportation Master Plan – 2017:
• Water Facility Plan Update – 2017
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Commented [MOU5]: These are mostly ordered by date.
Would it make more sense to order them by level of importance?
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• Downtown Strategic Parking Management Plan – 2016
• Economic Development Strategy Update – 2016
• Urban Forestry Management Plan – 2016
• Neighborhood Conservation Overlay District (NCOD) – 2019
• Wastewater Collection Facilities Plan Update – 2015
• Gallatin Triangle Planning Study – 2014
• Community Transportation Safety Plan – 2013
• Integrated Water Resources Plan – 2013
• Integrated Water Resources Implementation Plan – 2013
• Bozeman Creek Enhancement Plan – 2012
• Community Climate Action Plan – 2011
• Stormwater Facilities Plan – 2008
• Parks, Recreation, Open Space, and Trails Plan – 2007
• Bozeman Creek Neighborhood Plan – 2005
ENGAGEMENT AND PROCESS
Residents, stakeholders, and public officials shaped this Community Plan throughout
the progressive four-phase update process.
[Insert graphic process with key dates, and photos of engagement events]
Phase One | Foundation
The Foundation Phase engaged the community and determined what people love
about Bozeman, what people believe could be improved about Bozeman, and
their vision for Bozeman’s future.
Responses indicated that Bozeman’s outdoor lifestyle, small town feel while in a
City environment, and high quality of life were the three aspects of the City that
people loved the most.
Areas where participants felt Bozeman could improve were; multimodal
transportation, the preservation of farmland and open space, and housing
affordability.
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When asked about the desired future of Bozeman, people envisioned a larger
city with a dynamic, modern economy, a variety of attainable housing options,
and a multimodal transportation system.
[Insert two-page spread of photos and numbers from August 2018 community
events, with key quotes and developed word clouds]
Phase Two | Analysis + Vision
Phase Two built upon the high levels of engagement in Phase One and refined
the seven themes that were developed based upon Phase One comments from
the community. Furthermore, participants were asked to consider opportunities
that can help the City realize its vision.
Outreach efforts consisted of one-on-one interviews, group sessions, City
Commission presentations, and an online questionnaire.
People stated that they would like to see increased corner-commercial
developments in or near neighborhoods, improved multimodal transportation
options and access throughout the community, increased density, historic
preservation, and greater regional Planning efforts.
[Insert two-page spread of photos and numbers from community events, along
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Phase Three | Opportunities + Choices
Phase Three outreach involved a community event held at the Bozeman Public
Library and an online questionnaire that were designed to gather community
input on the specific opportunities that coincide with each of the seven Themes.
Increasing walkability and access to neighborhood commercial uses, along with
strategically locating affordable housing were just some of the many proposed
opportunities from the public event.
230 people took part in the online survey and, in addition to the objectives
mentioned above, increasing density, preserving open space, and establishing
multimodal connections were suggested.
[Insert two-page spread of photos and numbers from community events, along
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Phase Four | Draft + Final Plan
The final phase in the Community Plan Update process was conducted over the
course of several months to ensure community satisfaction and acceptance of
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the Plan. Community comments provided throughout the first three phases were
incorporated into this final Plan which includes specific goals, objectives, and
designated indicators which act as monitors that measure success of each goal.
[Insert future land use description and Plan adoption text, TBD]
PLAN STRUCTURE
How to Use This Plan
The Community Plan is a tool that is designed to be used by policy makers and
City staff to guide decision-making. The Plan is organized into three main
sections:, Foundation, Themes, and Implementation. Appendices provide
additional details.
Chapter 1: Foundation, outlines what the Plan is, its purpose, and how it was
developed, as well as provides an overview of the public outreach process,
existing conditions, and existing guidance from the Strategic Plan and other
relevant documents.
Chapter 2 - 8: Themes, containing goals and objectives, existing conditions,
and framework maps that show key opportunity areas related to each theme.
Chapter 9: Implementation, details a monitoring program that will be used to
track the progress toward meeting the community’s vision through key progress
indicators.
Chapter 10: Amendments and Review, contains information pertaining to
proposed amendments to the Plan, proposed zoning amendments, and the
subdivision review process.
Appendix A: Implementation Report
Appendix B: Infrastructure Plans
Appendix C: Inventory Report
Appendix D: Projections Report
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Commented [MOU6]: It seems illogicl to me to talk about
measurements before we’ve described what we intend to measure (the text of the Themes).
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Commented [MOU7]: Couldn’t this be made Appendix A? It is semi-technical stuff that is not going to be of interest to the vast majority of our citizens.
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Deleted: Themes: What does the future of Bozeman look like?¶The Shape of the City: The urban character of our well-planned City is defined by urban edges, varied skyline, pedestrian-friendly streetscapes, and integration with the natural landscape that surrounds us. ¶A City of Neighborhoods: Our City is diverse and inclusive, defined by our commercial nodes, a variety of quality housing, walkable centers, schools, and parks.¶...
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FUTURE LAND USE
Future Land Use Categories
Land Use Principles
Seven core ideas flow from the Themes and shape the City’s future land use map:
Activity Centers. The City should strengthen a pattern of community development
oriented on centers of employment and activity. Such centers (or nodes) can be
surrounded by and integrated into residential areas. A corollary principle is compact
development. Commercial activities in clustered areas :
• Provides increased business synergy.
• Provides greater convenience for people with shorter travel distances to a
wide range of services.
• Encourages the use of transportation alternatives to single occupant vehicles,
with a resulting reduction in traffic and road congestion and air quality
impacts.
• Permits greater efficiencies in the delivery of public services.
This Plan supports the center-based development pattern by locating centers at
major intersections. Activity centers are also encouraged to provide services such as
parks and community gardens, recreation, education, and other social assembly
options.
Sense of Place. Part of the appeal of Bozeman is its distinct character as a whole and
within regions of the community. A portion of this character comes from the natural
setting of the town. Bozeman’s character also includes the sense of place created by
constructed landmarks such as Downtown and MSU. Preserving Bozeman as a unique
place rather than “Anywhere, USA” is important. There is increasing evidence of sense
of place as an important influence on economic development and overall community
health.
Recognition and stewardship of the unique features, history, and built environment that
give a sense of place is important for Bozeman’s identity. Incorporating community and
architectural design features that provide organization and landmarks in new
developments anchors and extends this sense of place as Bozeman grows. New
development will reflect its own place in time. Development that fills in existing gaps in
the City strengthens and reinforces the compact and interconnected pattern of historic
Bozeman.
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personal and commercial applications. ¶<#>The center-based concept requires less land for actual business activities due to efficiencies such as opportunities for shared parking. It also changes
the shape of the commercial areas.
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also passing travelers to attract and support commercial activities. Careful location of nearby higher density housing supports centers, while providing services to residents
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Natural Amenities. Bozeman is located in a beautiful natural environment. The natural
amenities are a significant component of the high quality of life here. They also support
the economy. As Bozeman changes and grows, opportunities to carefully integrate
development with natural features arise. Ensuring that development is responsive to
natural amenities will help to keep Bozeman beautiful and vibrant.
Neighborhoods and Districts. There is strong public support for development being part of
a larger whole. This idea includes strengthening existing neighborhoods through
infrastructure maintenance and other actions. Neighborhoods change over time and
their character can evolve. How a neighborhood is initially designed can influence its
ability to redevelop and change gracefully. As the population of Bozeman grows, it is
harder to keep the same “small town” feel because residents cannot be on familiar
terms with everyone. The neighborhood unit helps provide the sense of familiarity and
intimacy which can be lacking in larger communities. The neighborhood
commercial/activity center and local parks provide opportunities to interact with other
nearby residents. Not all neighborhoods are of the same size or character.
Urban Density. Although a wide range of commercial and housing styles, types, and
densities are provided in Bozeman, not every option is provided. Bozeman is a City, and
the housing densities are not those of the rural areas of Gallatin County.
A concentration of persons and activities is necessary to the efficient and cost-effective
provision of urban services, multimodal, transportation-oriented development, and
vibrant commercial centers. A compact development pattern can reduce the amount of
rural area consumed by land development. Density of development must be balanced
with other community priorities such as infrastructure capacity, and the housing choices
of citizens. Quality and care in site and architectural design greatly affects whether
urban density and scale is accepted.
Sustainability. Providing for the needs of today’s residents and visitors should be done in
a manner that does not jeopardize future residents. Sustainability is a holistic issue and
is interwoven through the City’s operations and regulations. The City has a climate
action plan, water conservation plan, and other documents addressing this issue.
Development standards supporting walkable compact development lessen impacts of
development and improve sustainability.
Integration of Action. Land use policy is integrated with other City policies and programs,
including planning and construction for utilities and services such as wastewater and
transportation. This ensures that community objectives are attained efficiently. Capital
improvements, maintenance programs, and plan implementation tools are regularly
evaluated and updated. Ensuring a consistent set of guiding principles provides a higher
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development serves the community well now and in the future. More people will require more resources. The manner in which those resources are obtained strongly influences the community and adjacent communities.
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level of service to citizens, minimizes contradictory or conflicting policies that waste
resources, and enable a more accurate evaluation of public policies.
Drawing on the seven core ideas discussed above, the following principles were used to
prepare the land use designations, policies, and map:
• Development should be reasonably compact and serve a variety of housing
needs.
• Transportation infrastructure should support the desired land use pattern and
emphasive interconnected multimodal transportation networks (e.g. bicycles,
pedestrian, transit, automobiles or other vehicles).
• Diverse uses of land should occur within proximity to each other.
• Urban design should integrate multimodal transportation, open spaces,
residential and commercial land use activity, and quality of life.
• Open spaces, including parks, trails, and other gathering places, should be in
convenient locations to those they serve. Better quality and function is superior
to volume alone.
• Development should be integrated into the larger community rather than as a
series of unconnected standalone projects.
• Variety in housing, service, and employment opportunities is important.
• Land development should be compatible with and further other community goals.
• Land use designations must respond to a broad range of factors, including
natural constraints, economic constraints, and other community priorities.
• The needs of new and existing development coexist and must remain in balance.
• Infill development and redevelopment is encouraged, but incremental compact
outward growth is part of the continuing growth of the City.
Land Use Descriptions for Use on the Future Land Use Map
The future land use map locates seven land use categories that illustrate the intent,
type of use and density and intensity of future development. Due to the large scale of
the map, watercourses, wetlands, and other natural features are not mapped but exist
and will be protected at time of development. Descriptive tables and imagery are
included at the end of each land use category description to help users understand the
intent of each category. While the land use categories are not regulatory, each
description also identifies appropriate zoning categories that implement the intent.
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Residential
1. Urban Residential. This category primarily includes urban density homes in a
variety of shapes, sizes, and intensities - large areas of any single type housing
are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or
steep slopes. Complementary uses such as parks, home-based occupations, fire
stations, churches, schools, and some neighborhood-serving commerce provide
activity centers for community gathering and services. As the Urban Residential
designation indicates that that development is expected to occur within municipal
boundaries, this may require annexation prior to development.
Application of a zoning district to specific parcels sets the required and allowed
density. Higher density residential areas are encouraged in proximity to
community commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car and with adequate
infrastructure to support intensive use.
[Insert photos of existing examples]
Descriptive Statistics, Urban Residential
Minimum Maximum Current Range
Building Height N/A 24 - 62 feet
Lot Area 2,500 SF 2.5 acres
Lot Coverage None 25% - 100%
Floor Area Ratio None 0.45 : 1 - Unlimited
Residential Density per Net Acre 5 32 - Unlimited
Non-Residential Density N/A 0.45 : 1 - 1.5 : 1
2. Residential Emphasis Mixed Use. This category promotes neighborhoods
substantially dominated by housing, yet integrated with small scale commercial
and civic uses. The housing can include attached and small, detached single-unit
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.
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Commented [MOU8]: I am wondering about whether and to what extent any of these Descriptive Statistics are
useful. The land use experts will know or can easily find this information; the public will just be baffled.
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Secondary supporting uses, such as retail, office, 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 discouraged. Non-residential spaces should
provide an interesting pedestrian experience with quality urban design for
buildings, sites, and open spaces.
The category is appropriate near commercial centers and larger areas should
have access on collector and arterial streets. Multi-unit higher density urban
development is expected. Any development within this category should have a
well-integrated transportation and open space network that encourages
pedestrian activity and provides ready access within and to adjacent
development.
[insert photos of existing examples]
Descriptive Statistics, Residential Emphasis Mixed Use
Minimum Maximum Current Range
Height 0/15 feet 32 feet - 5 stories
Lot Area 2,500 SF 2.5 acres
Lot Coverage None 40% - 100%
Floor Area Ratio None 1 : 1 - 2.5 : 1
Residential Density per Net Acre 5 Unlimited
Non-Residential Density N/A 30% - 49% of gross building area
Employment
3. Community Core. The traditional core of Bozeman is the historic downtown. This
area has an extensive mutually supportive variety of uses, a strong pedestrian
and multimodal transportation network, and a rich architectural character.
Essential government services, places of public assembly, and open spaces
provide the civic and social core of the City. Residential development on upper
floors is well established. New residential uses should be high density. The area
along Main Street is a place for high pedestrian activity uses, with strong
pedestrian connectivity to other uses on nearby streets. Users are drawn from
the entire Planning area and beyond. The intensity of development is high with
an FAR well over 1. Future development should continue to be intense while
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providing areas of transition to adjacent areas and preserving the historic
character of Main Street.
Descriptive Statistics, Commercial Core
Minimum Maximum Current Range
Height 15 feet 55 - 70 feet
Lot Area None None
Lot Coverage None Maximum 100%
Floor Area Ratio 1.0 None
Residential Density per Net Acre None None
4. Commercial Emphasis Mixed Use (CEMU).
The Commercial Emphasis Mixed Use (CEMU) category includes employment and
services necessary for an economically healthy and vibrant community, including:
professional and personal services, retail, education, health services, offices,
public administration, typically upper floor residences, and tourism
establishments. Density is expected to be higher than currently seen in most
commercial areas in Bozeman and should include multi-story buildings.
Residences on upper floors in appropriate circumstances are allowed. Urban
streetscapes, plazas, outdoor seating, public art, and hardscaped open space and
park amenities are anticipated, appropriately designed for urban character. High
density residential areas are expected in close proximity.
CEMU developments should typically be located on one or two quadrants of
intersections of arterial and/or collector streets, and integrated with transit and
non-automotive routes. Due to past development patterns there are also areas
along major streets where this category is organized as a corridor rather than a
center. 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 areas.
Building and site designs made to support easy reuse of the building and site
over time is important.
Mixed use areas should be developed in an integrated, pedestrian friendly
manner and should not be overly dominated by any single use. Higher intensity
employment and residential uses are encouraged in the core of the area or
adjacent to significant streets and intersections. Building height transitions may
be required for compatibility with adjacent development.
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Commented [MOU9]: What is meant by “local service areas?”
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This category contains three different scales to serve different purposes:
Regional provides opportunities for these activities for a multi-county region;
and in some circumstances at a global scale. Regionally significant CEMU
developments may be developed with physically large and economically
prominent facilities requiring substantial infrastructure and location near
significant transportation facilities. Due to the scale of these developments,
location and transition between lower-density uses is important. Residential
space should not be a primary use, and should only be included as a use above
the first floor to maintain land availability for necessary services. Development
within this category needs well-integrated utilities, transportation, and open
space networks that encourage pedestrian activity and provides ready access
within and to adjacent development.
Large (community scale) CEMU areas are generally 75 acres or larger and are
activity centers for several square miles. These are intended to service the
overall community as well as adjacent neighborhoods and are typically
distributed by a one-to-two mile separation.
Smaller (neighborhood scale) areas are intended to provide primarily local
service to an area of approximately one-half mile to one mile radius as well as
passersby. Densities of near by residential development needed to fully support
this scale average 14 - 22 dwellings per net acre. These smaller centers support
and help give identity to neighborhoods by providing a visible and distinct focal
point as well as needed employment and services.
[insert photos of existing examples]
Descriptive Statistics, Commercial Emphasis Mixed Use
Minimum Maximum Current Range
Height 13 feet 34 - 86 feet
Lot Area No minimum 40 acres, with pedestrian
connections
Lot Coverage No minimum 100%
Floor Area Ratio None to 0.5 : 1 Unlimited
Residential Density N/A Unlimited
Regional Scale Service
Area Serve multi-county region None
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Community-Scale Service
Area
Serve 4,500 acres;
11,500 homes; 75 acres
in size
Serve all of Bozeman;
30,000 homes; 120 acres
Neighborhood-Scale
Service Area
Serve 500 acres; 3,500
homes; 10 acres in size
Serve 2,000 acres; 5,500
homes; 12 acres
5. Industrial. This classification provides areas for manufacturing, warehousing,
technology industries, and transportation hubs. Development within these areas
is intensive and is connected to significant transportation corridors. Uses which
would be likely harmed by industrial activities are discouraged from locating in
these areas. Although use in these areas is intensive, they are part of the larger
community and standards for architecture and site design apply. In some
circumstances, uses other than those typically considered industrial have been
historically present in areas which were given an industrial designation in this
growth policy. Careful consideration must be given to public policies to allow
these mixed uses to coexist in harmony.
[insert photos of existing examples]
Descriptive Statistics, Industrial
Minimum Maximum Current Range
Building Height N/A 38 - 45 feet
Lot Area None to 43,560 SF 40 acres; with pedestrian
connections
Lot Coverage No minimum 100%
Floor Area Ratio None Unlimited
Accessory Residential
Density
N/A Less than 50% of the
gross floor area of the
building
Community
6. Open Space, Public Lands, and Institutions. A variety of activities are focused in this
land use classification. Schools are a dominant use, including Montana State
University. Other typical uses are libraries, fire stations, and private and publicly
operated utilities. A significant portion of Bozeman’s employment occurs within
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this category. Many different zoning districts overlay this category. As
opportunity presents, such zoning should be changed to Public Lands and
Institutions.
All publicly owned recreational lands, including parks, are included within this
category, as well as certain private lands. These areas are generally open in
character and may or may not be developed for active recreational purposes.
This category includes private property such as land with a conservation
easement, land owned by home owners associations, or golf courses which may
not be open to the public without the owners specific permission. Parks occur at
a range of scales from local lots to regional parks. Most parks are located, sized,
and constructed as part of the development process and therefore future parks
are not shown in this category as locations are not yet determined. As the
growth policy is updated, developed parks will be shown in this category. The
service area for each type of park is set by the City’s overall park master Plan.
Due to the diversity of zoning applicable to this category, and as there are few
structures intended in this area, no descriptive statistics table is provided. For
information on recommended park sizing and characteristics see the City’s Park
Facility Plan.
Other
7. Currently Inappropriate for Urban Development. This category designates areas
where development is considered to be generally inappropriate over the 20 year
Planning horizon of this growth policy, either because of natural features,
negative impacts on the desired development pattern, or unusually high difficulty
in providing urban services. As the City’s growth policy is updated from time to
time, some areas currently classified as Inappropriate for Urban Development
may be reclassified. Reclassification must occur prior to development.
Suburban or rural density subdivisions in this area adjacent to the City impede an
orderly and cost effective expansion of the City and are therefore discouraged.
Future Land Use Map
The future land use map includes property located outside of the City’s legal
jurisdiction. As land is annexed it moves from the County’s to the City’s land use
authority. The City has adopted facility Plans which address the provision of
services within the entirety of the Planning area and enable coordination with
Gallatin County. Gallatin County has final approval authority on development of
land outside of the City of Bozeman. In the event that an intergovernmental
agreement (IGA) is developed that addresses areas outside of City limits,
development shall meet such terms as the IGA states.
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[placeholder for flu map TBD]
Goals and Objectives
The seven Themes contain goals and objectives meant to guide the City towards
its vision. Each goal details initial objectives that are meant to evolve as the City
grows into the future, leaving flexibility in place to allow the City to incorporate
new objectives that arise with new technologies, policies, and trends.
[insert the following paragraph as a callout]
One goal included under the City of Neighborhoods theme is “Support well-
Planned, walkable neighborhoods.” The initial objectives that support the goal
include language about maintaining block and lot design standards, promoting
accessory dwelling units, sidewalk maintenance, and more. Following the initial
objectives, are indicators that will be used to measure success towards the goal.
Implementation and Monitoring
Measuring the Plan’s efficacy (or outcomes) is a main tenant of the Plan. A series
of indicators has been identified that correspond to each goal, with the built-in
purpose of tracking progress and setbacks as the City aims to achieve these
specific goals. For example, one indicator under the neighborhoods-based theme
looks at housing stock diversity, looking at square footage, number of bedrooms
and bathrooms, and by taxable value. A diverse housing stock is indicative of a
City that is more accessible and affordable to those of all incomes, allowing for a
variety of options that work for people from all walks of life and addresses needs
through the lifespan of citizens.
[insert discussion on indicators and timeframes to be updated]
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CHAPTER 2 | THE SHAPE OF THE CITY
The urban character of our well-Planned City is defined
by urban edges, varied skyline, pedestrian-friendly
streetscapes, and integration with the natural landscape
that surrounds us.
IMPORTANCE
The City’s primary function is to provide a safe, healthy, and high quality environment
for its citizens. Residents have consistently stated a desire for excellent streets,
buildings, and neighborhoods as well as stewardship of the natural environment. The
City contributes to these goals by providing infrastructures, public services, and design
standards to create a framework within which citizens pursue their individual
aspirations.
The shape of the City of Bozeman provides residents and visitors variety when moving
amongst its streets, trails, alleys, and bike routes. This variety is often noted as an
important part of Bozeman’s unique character. You can experience open, agricultural,
and recreational spaces just minutes apart from dense, urban corridors all from the seat
of your bike, your car, the bus, or on your feet. As Bozeman continues to evolve into
the future, promoting a varied landscape home to economic, recreational, and
residential opportunities with skylines hosting appropriately-scaled buildings in tandem
with open, green agricultural spaces is important to maintaining the “Bozeman feel”
that so many people know and love.
[PLACEHOLDER FOR FRAMEWORK MAP: DIAGRAMMATIC MAP ILLUSTRATING VISION/
KEY OPPORTUNITIES]
GOALS, OBJECTIVES, AND ACTIONS
[include callouts with indicators for each goal, typical]
Goal SC-1: Ensure that all City actions support continued development of
the City, consistent with its adopted Plans and standards.
Objectives:
a) Enhance collaboration between City agencies to ensure quality design
and innovation across the public and private realm.
Deleted: CHAPTER 2 | IMPLEMENTATION¶IMPORTANCE¶This plan is needed to sustain the City’s extraordinary quality of life. The themes, goals, and initial objectives identified in this plan are the result of over a year of public engagement. With the completion of the planning process, the values of the community, leaders, and elected officials have aligned. The City is equipped to move forward. ¶The success of this community-driven plan hinges on
the continued use of, and integration with, other relevant community and regional planning documents, including the City’s Strategic Plan. The plan is to be a living document used in daily activities of the City. Successful implementation also requires monitoring, to ensure that the City is on track to meet and in some cases, exceed its goals. Monitoring provides information on how well the City’s initial objectives are working, where they can be improved, and what is not
working. Monitoring will take place at specified intervals, based on the availability of information. ¶RESILIENCE¶The goals identified within each theme contain initial
objectives designed to help the City achieve its vision, based on current conditions and available resources to carry out the objectives. As Bozeman moves forward, potential changes to policies, institutions, and
technologies may occur and lead to a shift in the objectives. The ability to identify alternative actions or strategies improves the City’s ability to face adversity or unexpected trends. ¶...
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b) Seek opportunities to develop reasonable and relevant metrics for land
use development within the City’s Planning Area to determine whether
the intent of this Plan is being accomplished.
c) Prioritize human well-being and health in the creation and
implementation of land development standards.
Actions:
a) Update the Unified Development Code (UDC) to:
• Implement a twice yearly code revision cycle to identify and make
targeted revisions to keep regulations current and applicable to
current and future needs.
• Incorporate intensity of development minimums in designated
growth areas.
• Review and where appropriate revise the zoning map to harmonize
with the future land use map.
b) Strategically annex inholdings within the overall City boundary.
Goal SC-2: Distribute growth throughout the City, including a gradual
increase in intensity within developed areas.
Objectives:
a) Support higher density development along main corridors and high
visibility street corners to accommodate population growth and support
businesses.
b) Encourage convergence of public transit routes and the placement of
affordable housing developments.
c) Evaluate and, where appropriate, pursue coordinated improvements
and facilities to mitigate development impacts for multiple
developments rather than requiring each site to be fully self-supported.
d) Coordinate infrastructure development and other goals with land use
planning.
Actions:
a) Identify and zone appropriate locations for neighborhood-scale
commercial development.
b) Evaluate revisions to maximum building height limits in multi-
household, commercial, industrial, and mixed use zoning districts to
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account for revised building methods, building code changes, and effect
of incremental changes.
c) Review and update minimum development intensity requirements in
residential and non-residential zoning districts.
OTHER RELEVANT PLANS/LINKS TO PLANS
• Bozeman Strategic Plan – 2018
• Water Facility Plan Update – 2017
• Wastewater Collection Facilities Plan Update – 2015
• Downtown Improvement Plan – 2019
• Neighborhood Conservation Overlay District (NCOD) – 2019
• Parks, Recreation, Open Space, and Trails Plan – 2007 (Update Underway as of
2019)
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CHAPTER 3 | A CITY OF NEIGHBORHOODS
Our City is diverse and inclusive, defined by our
commercial nodes, a variety of quality housing, walkable
centers, schools, and parks.
IMPORTANCE
The ability to easily and safely walk between daily destinations, called walkability,
contributes to development of interpersonal relationships and offers benefits to our
health, the environment, our finances, and our communities. Balanced growth that
incorporates commercial nodes, housing type diversity, and strategic intensity
contributes to a high quality of life. Providing a variety of housing options in close
proximity to educational and recreational opportunities promotes equality and inclusivity
for existing and future Bozeman residents.
Each of Bozeman’s residential areas have their own unique characteristics and differing
levels of mobility for different types of users (people, bikes, and cars), as well as their
own architectural, recreational, and sometimes commercial features. As the City grows,
supporting the variety of residential areas allows for more choice, and a larger range of
pricing and size options for individuals and families across the income spectrum.
[PLACEHOLDER FOR FRAMEWORK MAP: DIAGRAMMATIC MAP ILLUSTRATING VISION/
KEY OPPORTUNITIES]
GOALS, OBJECTIVES, AND ACTIONS
Goal N-1: Support well-planned, walkable neighborhoods.
[insert callout box with the definition of “walkability”]
Objectives:
a) Maintain block and lot design standards throughout City neighborhoods.
b) Promote the development of accessory dwelling units (ADUs) as a
means of addressing goals surrounding affordability and density.
c) Ensure multimodal connections between adjacent developments so that
citizens can readily travel and neighborhood identity is not based on
individual subdivisions.
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d) Increase connectivity between parks and neighborhoods through
continued trail and sidewalk development, and prioritize closing gaps
within the network.
e) Promote housing diversity to meet a variety of housing needs in
neighborhoods, specifically including the promotion of two- and three-
household townhomes and rowhouses.
Actions:
a) Install, replace, and maintain missing or damaged sidewalk elements,
trails, and shared use paths.
b) Maintain standards for placement of community focal points and
services within new development.
c) Review and where appropriate increase required minimum densities in
residential districts.
d) Provide a diverse zoning map to encourage a variety of different
residential uses in proximity to each other.
Goal N-2: Pursue simultaneous emergence of commercial nodes and
residential development through diverse mechanisms in appropriate
locations.
Objectives:
a) Investigate options to encourage development of commerce concurrent
with or soon after residential development.
b) Evaluate design standards so that buildings can serve an initial
residential purpose and be readily converted to commercial uses when
adequate market support for commercial services exists.
Actions:
a) Ensure the zoning map identifies locations for neighborhood and
community commercial nodes early in the development process.
b) Encourage zoning to support higher intensity residential districts near
schools, services, and transportation.
Goal N-3: Promote a diverse supply of quality housing units.
Objectives:
a) Encourage distribution of affordable housing units throughout the City
with priority given to locations near commercial, recreational, and
transit assets.
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b) Incentivize development of affordable housing through coordination of
infrastructure and funding.
c) Promote construction of accessory dwelling units (ADUs).
d) Include adequate residentially-designated areas for anticipated future
housing in the future land use map.
e) Limit the areas zoned for single-type housing.
f) Discourage private covenants that restrict housing diversity or are
contrary to City land development policies.
g) Encourage neighborhood focal point development with functions,
activities, and facilities which can be sustained over time.
h) Review and reassess the zoning map to lessen areas zoned for single-
type housing.
i) Review zoning districts to assess the range of housing types in each
district.
j) Evaluate establishing standards for proportion of diversity in housing
type.
OTHER RELEVANT PLANS/LINKS TO PLANS
• Neighborhood Conservation Overlay District, Final Policy Direction – 2019
• Housing Needs Assessment – 2019
• Bozeman Creek Neighborhood Plan – 2005
• Midtown Action Plan – 2017
• Downtown Improvement Plan – 2019
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CHAPTER 4 | A CITY BOLSTERED BY DOWNTOWN AND COMPLEMENTARY DISTRICTS
Our City is bolstered by our Downtown, Midtown,
University and other commercial districts and
neighborhood centers that are characterized by higher
densities and intensities of use.
IMPORTANCE
Appropriately locating higher densities along key corridors and within specific areas
facilitates a beneficial diversity of residences, businesses and other uses. This in turn
fosters economic benefits and a healthier environment for the City and its residents.
[PLACEHOLDER FOR FRAMEWORK MAP: DIAGRAMMATIC MAP ILLUSTRATING VISION/
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GOALS, OBJECTIVES, AND ACTIONS
Goal DCD-1: Ensure multimodal connectivity within the City.
Objectives:
a) Expand multimodal accessibility between districts and throughout the
City as a means of promoting personal and environmental health, as
well as reducing automobile dependency.
b) Support implementation of the Bozeman Transportation Master Plan
strategies.
c) Encourage increased development intensity along key district corridors.
d) Evaluate parking requirements and methods of providing parking to
meet the need for vehicle parking as part of the overall transportation
system for and between districts.
Actions:
a) Investigate expansion of or creation of new urban renewal areas to
encourage redevelopment of key properties.
b) Identify missing links in the multimodal system, prioritize those most
beneficial to complete, and pursue funding for completion of those
links.
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c) Identify major existing and future destinations for biking and walking to
aid in prioritization of route Planning and completion.
Goal DCD-2: Support urban development within the City.
Objectives:
a) Coordinate infrastructure construction, maintenance, and upgrades to
support infill development, reduce costs, and minimize disruption to the
public.
b) Prioritize the acquisition and/or preservation of open space that
supports community values, addresses gaps in functionality and needs,
and does not impede development of the community.
c) Evaluate alternatives for more intensive development in proximity to
high visibility corners, services, and parks.
d) Pursue annexations consistent with the future land use map and
adopted facility Plans at urban intensity.
e) Promote mixed-use developments with access to parks, open space,
and transit options.
f) Support University efforts to attract commercial development near
campus.
g) Collaborate with other Montana cities in working with regulatory
agencies to establish fair and technologically feasible water treatment
standards.
h) Work with state regulatory agencies and the legislature to remove
disincentives in state law and regulations to municipal development.
Actions:
a) Update the UDC to reflect density increases or minimums within key
districts.
b) Document existing policies and practices and develop additional policies
if needed to appropriately address issues for infill development.
c) Pursue acquisition and development of a diverse portfolio of water
sources and resources.
d) Develop informational materials for how to effectively manage
construction on small footprint sites to lessen impacts on adjacent
properties.
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e) Collaborate with Montana State University School of Architecture to
develop educational materials and opportunities for local architects and
citizens on how to do quality urban design for infill and greenfield sites.
f) Identify underutilized sites for possible redevelopment.
OTHER RELEVANT PLANS/LINKS TO PLANS
• Midtown Action Plan – 2017
• Downtown Improvement Plan – 2019
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CHAPTER 5 | A CITY INFLUENCED BY OUR NATURAL ENVIRONMENT, PARKS, AND OPEN SPACE
Our City is home to an outdoor-conscious population
that celebrates and protects our natural environment
and immediate access to a well-managed open space and
parks system.
IMPORTANCE
Parks, trails, and open space are critical components of Bozeman’s character. Access to
safe, well maintained parks, trails, and open space, and spaces and activities for all
people regardless of age or mobility, are necessary components of a healthy City.
Development and use of land in the City is dependent on the availability of water,
which must be taken into account with projected growth and the likely impacts of
climate change.
[PLACEHOLDER FOR FRAMEWORK MAP: DIAGRAMMATIC MAP ILLUSTRATING VISION/
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GOALS, OBJECTIVES, AND ACTIONS
Goal EPO-1: Prioritize strategic acquisition of parks to provide a variety of
recreational opportunities throughout the City.
Objectives:
a) Coordinate the location of new and future dedication of parks to create
opportunity for larger and more functional parks.
b) Incorporate unique recreational and artistic elements into parks.
c) Research and implement multi-use features within parks to promote
increased use and visitation.
d) Prioritize quality locations and features in parks over quantity.
e) Work with partner organizations to identify and reduce impact on at-
risk, environmentally sensitive areas that contribute to water quality,
wildlife corridors, and wildlife habitat.
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Actions:
a) Collaborate with partner agencies and organizations to establish
sustainable funding sources for ongoing acquisition, construction, and
operations of City parks and open space.
b) Upon completion of an update to the City’s park master Plan, review
standards of the Unified Development Code for adequacy and update
as needed to coordinate with development review standards and
practices.
Goal EPO-2: Address climate change in the City’s plans.
Objectives:
a) Ensure complete streets and identify long-term resources for year-
round bike and multi-use paths maintenance to improve utilization and
reduce annual per capita vehicle miles traveled.
b) Support development of maintenance standards including sidewalk
clearing, sidewalk surfaces, bike lanes, and procedures for consistent
implementation.
c) In coordination with the sustainability division, provide public education
on energy conservation and diversified power generation alternatives.
d) Support water conservation, use of native Plants in landscaping, and
development of water reuse systems.
Actions:
a) Update land development standards to implement the Integrated Water
Resources Plan.
b) Review and revise stormwater standards to address changing storm
profiles.
c) Review and update landscape and open space standards for public and
private open spaces to accommodate lower water use and or reuse
systems.
d) Review and update development regulations to implement facility and
service Plans as those Plans are updated.
Goal EPO-3: Regulate uses of the natural environment to maintain and
improve habitat, water quantity, and water quality, while giving due
consideration to the impact of these regulations on economic viability.
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Objectives:
a) Eliminate reliance on private maintenance of public infrastructure,
including public parks, trail systems, and stormwater facilities.
b) Update regulations that protect the environment.
c) Increase the City’s resiliency and preparedness to respond to climate
change.
Actions:
a) Pursue an inter-jurisdictional effort to establish baseline information on
air quality trends and enhance monitoring facilities.
b) Complete the update for an integrated Hazard Management and
Mitigation Plan.
c) Identify a sustainable and reliable funding source for the maintenance
of public infrastructure, including public parks, trail systems, and
stormwater facilities.
d) Identify, prioritize, and preserve key habitat and wildlife connectivity.
OTHER RELEVANT PLANS/LINKS TO PLANS
• Integrated Water Resources Plan – 2013
• Integrated Water Resources Implementation Plan – 2013
• Stormwater Management Plan (City of Bozeman and MSU) – 2019
• Stormwater Facilities Plan – 2008
• Wastewater Collection Facilities Plan Update – 2015
• Water Facility Plan Update – 2017
• Drought Management Plan – 2017
• Parks, Recreation, Open Space, and Trails (PROST) Plan – 2007
• Community Climate Action Plan – 2011 (currently being updated:
• Urban Forestry Management Plan – 2016
• Cemetery Master Plan Update – 2018
• Bozeman Creek Enhancement Plan – 2012
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CHAPTER 6 | A CITY THAT PRIORITIZES ACCESSIBILITY AND MOBILITY CHOICES
Our City fosters the close proximity of housing, services,
and jobs, and provides safe, efficient mobility for
pedestrians, cyclists, transit users, and drivers.
IMPORTANCE
High levels of access to mobility options supports a healthy and active community,
sustainability, and economic development. Safety strategies for all users that
incorporate road and pedestrian crossing design, as well as proper design speeds and
posted speed limits should be further investigated.
A well-thought out multimodal system provides residents and visitors with a wide range
of choices about how to get around the City, as well as enhanced safety throughout to
encourage continued and increasing use of alternatives to traditional motor vehicle
transportation. As technologies continue to evolve, the City will be able to offer even
more ways to get around the City and its neighborhoods in a safe, efficient manner that
enhance its already high quality of life.
[PLACEHOLDER FOR FRAMEWORK MAP: DIAGRAMMATIC MAP ILLUSTRATING VISION/
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GOALS, OBJECTIVES, AND ACTIONS
Goal M-1: Ensure multimodal accessibility.
Objectives:
a) Prioritize mixed-use land use patterns. Encourage and enable the
development of housing, jobs, and services in close proximity.
b) Make transportation investment decisions that take into account active
transportation modes and transit as a priority.
c) In conjunction with the transportation Plan, work to develop a core
network of “AAA” (appropriate for all ages and abilities) bike routes
covering at least 75% of households and 75% of jobs within ½ mile of
the network.
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d) Encourage development of a trunk network of high-frequency, priority
transit service connecting major commercial nodes and coinciding with
increased density.
e) Integrate consideration of autonomous vehicles, rideshare, and other
mobility choices into land use regulations.
f) Develop safe, connected, and complementary transportation networks
for pedestrians, bicyclists and other medium-speed users (bicycles, e-
bikes, electric scooters, powered wheelchairs, etc.).
Actions:
a) Develop level of service standards for multimodal travel.
b) Identify locations for key mobility hubs (e.g. rideshare drop off/ pick up
areas, bike/scooted share, transit service, bike, and pedestrians
connections).
c) Establish standards and procedures for placement of bus shelters in
City rights of way.
d) Undertake an expanded parking management study to investigate and
provide strategies (e.g. paid parking; time-limited parking; additional
parking structures; drop-off and pickup areas; park and ride facilities)
and where such strategies may be appropriately used.
e) Prioritize and construct key sidewalk connections and enhancements.
f) Prioritize and construct key bicycle infrastructure connections and
enhancements with an emphasis on completing network connectivity.
g) Work with community partners to expand the Main Street to Mountains
network and integration with the larger community recreational travel
network.
Goal M-2: Ensure multimodal safety.
Actions:
a) Work with Public Works, Police, and other partners to provide education
on safe travel behaviors and rules.
b) Review and as appropriate update the City’s complete streets policy.
c) Work with School District #7 and other community partners in Planning
and operating safe routes to local schools; and design of school sites to
support walking and biking.
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OTHER RELEVANT PLANS/LINKS TO PLANS
• Transportation Master Plan – 2017
• Downtown Strategic Parking Management Plan – 2016
• Bozeman Community Transportation Safety Plan – 2013
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CHAPTER 7 | A CITY POWERED BY ITS CREATIVE, INNOVATIVE, AND ENTREPRENEURIAL ECONOMY
Our City, and all residents benefit from an expanding
economy that is powered by educational development,
strong regional partnerships, job creation, talent
retention, and support for local businesses.
IMPORTANCE
One need merely look at the numerous Montana towns that are struggling economically
to recognize the importance of a diverse and expanding economy. Bozeman benefits
immensely from the talent generated by Montana State University, from its existing
vibrant and growing businesses, from its proximity to Yellowstone National Park, and
from the Internet and other technological developments that have made it possible for
highly sophisticated service work to be performed almost anywhere. Bozeman should
not take its existing economic good fortunes for granted.
[PLACEHOLDER FOR FRAMEWORK MAP: DIAGRAMMATIC MAP ILLUSTRATING
VISION/ KEY OPPORTUNITIES]
GOALS, OBJECTIVES, AND ACTIONS
Goal EE-1: Promote the continued development of Bozeman as an
innovative and thriving economic center
Objectives:
a) Support the goals and objectives outlined in the Bozeman Economic
Development Strategy.
b) Invest in infrastructure projects identified in the capital improvement
Plan (CIP) that will strengthen business and higher education
communities.
c) Ensure an adequate supply of appropriately-zoned land for employment
areas.
d) Continue to facilitate live/work opportunities as a way to support small,
local businesses in all zoning districts.
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e) Support employee retention and attraction efforts by encouraging
continued development of attainable housing.
f) Support expansion of current and emerging infrastructure technologies
including fiber optic service and other communication infrastructure.
Actions:
a) Update the zoning map to correct deficiencies identified in the annual
land use inventory report.
Goal EE-2: Survey and revise land use Planning and regulations to
promote and support economic diversification efforts.
Objectives:
a) Ensure the future land use map contains adequate areas of land
needed for anticipated diverse users.
Actions:
a) Review and revise, or possibly replace, the Business Park Mixed Use
zoning district to include urban standards and consider possible
alterations to the allowed uses.
OTHER RELEVANT PLANS/LINKS TO PLANS
• Economic Development Strategy Update – 2016
• Transportation Master Plan – 2017
• Wastewater Collection Facilities Plan Update –2015
• Water Facility Plan Update – 2017
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CHAPTER 8 | A CITY ENGAGED IN REGIONAL COORDINATION
Our City, in partnership with Gallatin County, Montana
State University, and other regional authorities,
addresses the needs of a rapidly growing and changing
population through strategic infrastructure choices and
thoughtful decision-making.
IMPORTANCE
Decisions made by individual agencies have impacts beyond the borders of the
jurisdiction. Conflicting decisions create complications and uncertainty for the citizens.
Coordinated and cooperative decisions with neighboring communities and the County
lessen conflicts, better advance shared priorities, and can substantially reduce tax
burdens as the region continues to grow and its infrastructure and economy becomes
increasingly more linked together.
[PLACEHOLDER FOR FRAMEWORK MAP: DIAGRAMMATIC MAP ILLUSTRATING VISION/
KEY OPPORTUNITIES]
GOALS, OBJECTIVES AND ACTIONS
GOAL RC-1: Increase communication, and coordination with Gallatin
County, the City of Belgrade, and other regional public entities regarding
land use and associated matters.
Objectives:
a) Consider regional impacts when making policy decisions affecting areas
outside of the City.
b) Coordinate Planning activities to promote consistency throughout the
region for parks, transportation, bus service, and other community
infrastructure.
c) Research infrastructure and transportation improvements that benefit
the region.
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Actions:
a) Participate in regularly scheduled coordination meetings with Gallatin
County and the City of Belgrade Planning departments and boards to
coordinate Planning issues.
b) Complete preparation of the Triangle policy Plan coordinating between
Bozeman, Belgrade, and Gallatin County.
c) Prepare for establishment of a Metropolitan Planning Organization,
anticipated to be required after the completion of the 2020 US Census.
GOAL RC-2: Continue and build on successful collaboration with Gallatin
County, neighboring municipalities, and other agencies to identify and
mitigate potential hazards and develop coordinated response Plans.
Objectives:
a) Identify effective, affordable, and regionally-appropriate hazard
mitigation techniques through the Gallatin County Hazard Mitigation
and Community Wildfire Protection Plan and other tools.
b) Discourage development in environmentally-sensitive, or hazard-prone
areas.
c) Review land use regulations and standards that affect the wildland
urban interface (WUI) to provide adequate public safety measures,
mitigate impacts on public health, and encourage fiscal responsibility.
Actions:
a) As a group, annually review the Gallatin County Hazard Mitigation Plan,
and determine the need for updates and enhancements.
b) Through coordination with non-profit and agency partners, identify,
map, and utilize geographic information systems (GIS) data to locate
and monitor developments on environmentally-sensitive and hazard
prone areas.
c) Through coordination with non-profit and agency partners, identify and
prioritize key areas for acquisition or appropriate for conservation
easement to lessen development with environmentally sensitive areas
and/or preserve areas consistent with the other priorities of this growth
policy.
Goal G3: Collaborate with Gallatin County regarding annexation and
development patterns adjacent to the City to provide certainty for
landowners and taxpayers.
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Actions:
a) Establish standard practices for sharing development application
information and exchanging comments between the City and County.
b) Develop shared information on development processes.
c) Prioritize annexations that enable the incremental expansion of the City
and its utilities.
d) Establish interlocal agreements when appropriate to formalize working
relationships and procedures.
e) Provide education and information on the value and benefits of
annexation, including of existing un-annexed pockets surrounded by the
City, to individual landowners and the community at large.
f) Encourage annexation of land adjacent to the City prior to development
and annexation of wholly surrounded areas.
OTHER RELEVANT PLANS/LINKS TO PLANS
• Fire and EMS Master Plan – 2017
• Gallatin County Hazard Mitigation Plan and Community Wildfire Protection Plan
(Draft) – 2019
• Gallatin Triangle Planning Study – 2014
• Triangle Plan (in development)
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CHAPTER 9 | IMPLEMENTATION
IMPORTANCE
This Plan is needed to sustain the City’s extraordinary quality of life. The
themes, goals, and initial objectives identified in this Plan are the result of over a year
of public engagement. The success of this community-driven Plan hinges on the
continued use of, and integration with, other relevant community and regional Planning
documents, including the City’s Strategic Plan. The Plan is intended to be a living
document used in daily activities of the City. Successful implementation requires
monitoring. Monitoring provides information on how well the City’s initial objectives are
working, where they can be improved, and what is not working. Monitoring will take
place at specified intervals, based on the availability of information.
RESILIENCE
The goals identified within each Theme contain initial objectives designed to help the
City achieve its vision, based on current conditions and available resources to carry out
the objectives. As Bozeman moves forward, potential changes to policies, institutions,
and technologies may occur and lead to a shift in the objectives. The ability to identify
alternative actions or strategies improves the City’s ability to face adversity or
unexpected trends.
ACTION PLAN
Implementation is to occur in a way that fits the community’s needs and values. It
translates vision into action, often with recommendations for future policy updates or
governing document amendments. This Plan helps guide citizens, City staff, and elected
officials decisions. Its measure of success is continuation of the Bozeman tradition – an
incredibly flourishing place to reside, visit, build a business, and raise a family. The City
as an institution will undertake many actions to implement the Plan. The residents and
businesses in the City through their aspirations and hard work carry out the Plan.
Monitoring and Updates
As noted above, tracking and monitoring the Plan’s intent is critical. Each theme
has one or more identified indicators, which use data to measure success
towards the goal. Each of these indicators listed below identifies a source from
which the data should be drawn, frequency defining how often the data is
available, and notes describing key considerations.
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Indicators:
The Shape of the City
Indicator Source Frequency Notes
Citizen Survey International City Manager’s Association (ICMA) – National Citizen Survey
Annually Statistically-valid survey repeated to monitor trends over time
A City of Neighborhoods
Indicator Source Frequency Notes
Commercial
Accessibility
City of Bozeman GIS
Division
Annually Percent of
residents/households within one mile of commercial activity Commercial Density State of Montana,
Department of
Revenue
Real-time data
analyzed and
published
annually
Gross commercial units per
acre of commercially-zoned
and developed land by
zoning district
Commercial Nodes City of Bozeman Community Development Department
Annually Total acreage of “functioning” nodes within ‘Community Commercial Mixed Use’ future land use designation
Housing Cost
Burden
US Census, American
Community Survey (ACS)
Annually Percentage of households
spending more than 30% of income on housing costs Housing Stock Diversity State of Montana
Department of
Revenue
Real-time data
analyzed and
published
annually
Square footage, number of
beds, and number of
baths, normalized by
taxable market value
Intersection Density City of Bozeman, GIS Division Annually Trail networks may be considered in addition to roadways Population Density Census Annually
Rentals US Census, American Community Survey (ACS)
Annually Percentage of residential units that serve as full-time residences
Residential
Density
State of Montana,
Department of Revenue
Real-time data
analyzed and published annually
Gross dwelling units per
acre of residentially-zoned and developed land by zoning district Walk Score Walk Score® Annually Distance to amenities
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A City Bolstered by Downtown and Complementary Districts
Indicator Source Frequency Notes
Bike Score TBD Annually Distance to amenities
Commercial Units City of Bozeman, Building Division Real-time Number of commercial units added as compared to overall population growth (district vs. Citywide) Commute Mode Share US Census, American
Community Survey
(ACS)
Annually
Development vs. Redevelopment
City of Bozeman, Community Development Department
Real-time Development within subdivisions platted more than and less than 35 years ago
Residential
Units
City of Bozeman,
Building Division
Real-time Number of residential
units added as compared to overall population growth (district vs. Citywide) Transit Score TBD Annually Distance to amenities
Walk Score Walk Score® Annually Distance to amenities
A City Influenced by Our Natural Environment, Parks, and Open Space
Indicator Source Frequency Notes
Air Quality City of Bozeman, Sustainability Division Real-time
Greenhouse Gas Emissions City of Bozeman,
Sustainability Division
Annually
Low Impact Development (LID) City of Bozeman, Stormwater Division Annually Percentage of LID integration/ expansion as installed Park Accessibility City of Bozeman, GIS
Division
Real-time Percentage of
residents/households
within ½-mile of parks,
and ¼-mile to open space
and trails Vehicle Miles Traveled Montana Department of Transportation (MDOT)
Annually Per capita
Water Consumption City of Bozeman, Water Conservation Division Real-time Gallons per capita, per day
Water Quality City of Bozeman, Stormwater Division Annually
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A City that Prioritizes Accessibility and Mobility Choices Indicator Source Frequency Notes
Bike Accessibility Bozeman Area Bicycle Advisory Board Annually Percentage of jobs and residents within ½-mile of
an All Ages & Abilities
(AAA) route. AAA/LTS 1:
protected facility or low-
speed, low volume road,
e.g. buffered bike lane,
cycle track, bicycle boulevard Bicycle Mode Share
US Census, American Community Survey
(Journey to Work)
Annually Each mode should be tracked individually
because each mode
requires different
strategies
Bike and Pedestrian Safety
National Highway Traffic Safety Administration – Fatality Analysis Reporting System (FARS)
Annually
Transit Accessibility
Streamline Bi-Annually Percentage of jobs and residents within ¼-mile of a bus route or ½-mile of a high frequency express service route, and excluding routes with headways greater than 30 minutes
Transit Mode
Share
US Census, American
Community Survey (Journey to Work)
Annually Each mode should be
tracked individually because each mode requires different strategies Traffic Safety National Highway
Traffic Safety
Administration –
Fatality Analysis
Reporting System
(FARS)
Annually
Walking Mode Share
US Census, American Community Survey (Journey to Work)
Annually Each mode should be tracked individually because each mode
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requires different
strategies
A City Powered by its Creative, Innovative, and Entrepreneurial Economy
Indicator Source Frequency Notes
Employment
Density
U.S. Department of
Labor – Bureau of Labor Statistics
Annually Total jobs per acre
of developed non-residentially zoned land Job Diversity U.S. Department of
Labor, Bureau of
Labor Statistics
Annually Proportion of jobs by
industry (NAIC code)
Land Use Availability City of Bozeman, Community Development Division, GIS Division
Annually Availability of land for economic activity based on annual land use inventory
A City Engaged in Regional Coordination Indicator Source Frequency Notes
Acres Wholly Surrounded but Unannexed
City of Bozeman, GIS
Division
Annually Number of acres of
annexations of land
wholly surrounded
by the City but
unannexed (i.e.
enclaves)
City Expansion City of Bozeman, Community Development Division; Gallatin
County Planning
Staff
Annually Number of projects annexed within the Planning Area but outside of City limits
that conform to
adopted interlocal
agreements
Meeting with City of Belgrade and Gallatin County Planning Staff
Quarterly
Meeting with City
of Bozeman &
Gallatin County Planning Board
Semi-annually
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CHAPTER 10 | AMENDMENTS AND REVIEW
AMENDMENTS
Need for Balance
A growth policy must balance consistency with responsiveness to the needs of
the community. If the policy is not consistent, it will have little value as a
Planning tool, nor provide an adequate basis for implementation actions, nor
have the confidence of the community.
If the policy is not responsive, policies and actions are continued that are no
longer addressing community needs, and less than optimal guidance for future
actions is provided.
This Plan was prepared based on information and circumstances as understood
at this time. The nature of planning for the future is imprecise. As situations
change it is important that the Plan be reviewed, and when necessary updated,
to accommodate future events.
State law requires review and consideration of the need for amendments through
Section 76-1-601(3) (f), of the Montana Code Annotated which reads:
“(f) an implementation strategy that includes:
(i) a timetable for implementing the growth policy;
(ii) a list of conditions that will lead to a revision of the growth policy; and
(iii) a timetable for reviewing the growth policy at least once every 5 years
and revising the policy if necessary;”
The required review, if properly done, will help to ensure that the information
upon which the Plan is based is accurate and timely and that the goals and
objectives of the Plan reflect the desires of the community.
Matters other than the passage of time may require the review of a growth
policy. Assumptions regarding population growth, land uses, and other subjects
are part of the preparation of the Plan. Significant changes in the rates or the
interaction of these items may also cause a need for review of the Plan. A review
may find that no changes are needed. Specific thresholds for when these reviews
need to occur are:
• Passage of five years since formal public review of the Plan;
• A change, up or down, in the annual growth rate of more than 50 percent;
Evaluating the existing growth policy text and maps is an essential part of any
review. Opportunities to update information used in preparation of the Plan
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should be taken when reasonable and conclusions of the Plan in light of the new
information should be reevaluated. New inventory maps should be made
available for consideration during the review process if the new map would
display previously unavailable data. When updated baseline information has been
prepared the review should consider the review triggers presented in the
sidebar. A formal review and update of the Plan should be undertaken if there
are substantial differences. Periodic formal and informal review processes for
implementation policies as well as the growth policy are desirable.
REVIEW TRIGGERS AND AMENDMENT CRITERIA
Review Triggers
1. Are the community’s goals current and valid?
2. Have the community conditions or legal framework materially changed?
3. Where have problems appeared since the last review?
4. Does the Plan meet the current needs of the community?
5. Can this Plan be modified to better serve the needs and desires of the
community?
Amendment Criteria
1. The proposed amendment must cure a deficiency in the growth policy, or
improve the growth policy, to better respond to the needs of the general
community;
2. The proposed amendment should not create inconsistencies within the
growth policy, either between the goals and the maps or between different
goals and objectives.
3. The proposed amendment must be consistent with the overall intent of the
growth policy;
4. The proposed amendment may not adversely affect the community as a
whole or significant portion by:
a. Significantly altering land use patterns and principles in a manner
contrary to those established by this Plan,
b. Requiring unmitigated more expensive improvements to streets, water,
sewer, or other public facilities or services, thereby impacting
development of other lands,
c. Adversely impacting existing uses because of unmitigated
unanticipated impacts on facilities and services, or
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d. Negatively affecting the livability of the area or the health and safety
of the residents.
AMENDMENTS
A need for changes may be identified during a review process. A consistent and clear
process for amending the growth policy is important. The Bozeman Community Plan
was formed on the basis of significant community outreach efforts and the input of
many persons and groups. Alterations to the growth policy should also provide a
significant opportunity for public participation and understanding of the proposed
changes. Amendments to the growth policy must meet the same statutory standards as
the original adoption, including public input and review, public hearings, review by the
Planning Board and approval by the City Commission, and written Findings of Fact.
Therefore, prior to the adoption of any amendment to the Plan, the public process must
be provided. A fundamental requirement for public participation is time for individuals to
become aware of proposed amendments and to study the proposed changes. A
minimum active public review period of three months is to be expected. This Plan has
been prepared to balance a wide variety of interests. Changes to the Plan must
continue the balance of needs and interests. This Plan has been prepared to be
internally consistent. Internal consistency meets one of the fundamental purposes of
community planning-- coordination between government programs and policies. All
amendments must be carefully evaluated to ensure that changes do not create conflicts
between goals, maps, or implementation tools. If a proposed amendment would cause
conflicts within the Plan, additional amendments must be identified and reviewed so
that any conflicts are resolved.
Any changes being proposed to either the text or the maps contained in the Bozeman
Community Plan must comply with all of the defined criteria shown in the sidebars. The
burden of proof for the desirability of a proposed amendment and its compliance with
the criteria lies with the applicant. Unless all criteria are successfully met by
demonstrable facts, an amendment shall not be approved.
Who May Initiate Amendments
1. City Commission
2. Landowner of affected property
3. Interested members of the public
4. Planning Board and City Staff may suggest amendments to the City
Commission
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ZONING AMENDMENT REVIEW
Zoning establishes many of the standards and review processes for the use of land.
Amendments to zoning change those rules with far reaching consequences. Therefore,
zoning amendments are reviewed deliberately and in public. Review must be fair to all,
allow for identification and resolution of concerns, and provide meaningful opportunities
for participation.
Intent and Background
Sections 76-2-301, et seq., Montana Code Annotated, authorizes local
governments to adopt zoning. As each community uses zoning differently, the
authorization identifies certain purposes and processes but leaves most of the
details to each community. Chapter 38, Unified Development Ordinance, City of
Bozeman municipal code has the local details. Here’s a statute that attempts to
explain the purposes of municipal zoning:
“76-2-301. Municipal zoning authorized. For the purpose of promoting
health, safety, morals, or the general welfare of the community, the City
or town council or other legislative body of cities and incorporated towns
is hereby empowered to regulate and restrict the height, number of
stories, and size of buildings and other structures; the percentage of lot
that may be occupied; the size of yards, courts, and other open spaces;
the density of population; and the location and use of buildings,
structures, and land for trade, industry, residence, or other purposes.”
What does it mean to be zoned?
It means the City has adopted standards and procedures for the development
and use of property within the City. Zoning indicates the character of an area by
applying use and development standards to an individual property. Essentially,
zoning addresses compatibility between uses. There is a lot more to it but in a
broad brush that’s the essence. Chapter 38 of the Bozeman Municipal Code is the
zoning code. The City applies standards and procedures to individual properties
through the zoning map. The City will not modify those standards and
procedures without public notice and participation. The City does not represent
or commit to anyone that the standards and procedures will not change.
How is zoning applied to property?
The zoning map shows the designation that applies to each property. The zoning
map covers all area within the boundaries of the City. The zoning district map
assigns a designation to each property in the City. Once applied, the standards
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and procedures for each district apply to land designated within each district until
the City amends the map or text of Chapter 38. Since 1935, the City has adopted
a change to the zoning map or text 500 times including replacing the entire code
19 times. The most recent overall replacement took effect in March 2018.
Who can change the zoning text or map?
As a legislative action, amendments are made through a process called a “map”
or a “text” amendment. There is a defined public process for such changes to
occur. See X.4 for a summary of that process. Only the City Commission can
approve an amendment and only after notifying the public of the possible change
and giving people a chance to participate in the change. The City Commission,
Zoning Commission, a citizen, or landowner(s) can initiate amendments as stated
in 38.260, BMC.
What is needed to justify a change in a zoning district map or text?
A change to the zoning text or map is a legislative action. The City Commission
can initiate or approve amendments when they believe they are appropriate. In
determining whether to begin a City initiated amendment the Commission can
consider broad legislative factors such as the passage of time, changes in the
needs of the community, outside actions like court decisions or new laws,
whether the existing map or text is reaching the intended outcome, and changes
like installation of new infrastructure. Some examples include:
a. State or federal law changes that the zoning must address or with which it
is in conflict.
b. Court decisions changing the interpretation of meaning of law that
interacts with zoning.
c. Change in circumstances: the current zoning does not comply with the
City’s adopted Community Plan (i.e. its growth policy) policies within the
Growth Policy have changed, land is annexed, or infrastructure is newly
available.
d. an owner requests the change and the request meets required standards.
Items a and b are most likely to generate changes in the text; items c and d
are more likely to generate changes in the zoning map.
In considering zone map amendments, The City’s the longstanding practice is to
consider item d as an adequate justification in itself for consideration of a zoning
map change. In doing so, applicant/property owner must demonstrate the
requested change meets the required criteria and guidelines for an amendment.
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The City’s zoning establishes what responsibilities exist, such as controlling
stormwater, and requires people to meet those responsibilities. Zoning also
addresses the balance of interests between adjacent properties by defining
districts where similar uses can be compatible and providing for transitions and
buffers between zoning districts where the City determines it necessary to
control impacts and prevent the use of one person’s property right from
inappropriately impacting another. When such protections are in place it is
appropriate for the land owner to have opportunity to ask for changes to zoning.
If an owner does not show that criteria and guidelines are successfully met the
City Commission can choose not to approve the change. This does not prevent
the City from initiating a change on its own.
To provide transparency in decision making, accountability, and public
participation the zone map or text amendment process requires public notice and
hearings. Before any action to approve an amendment, the Commission must
address the criteria, which provide guidance in deciding whether an amendment
is acceptable.
Review Criteria for Zoning Amendments and Their Application
This section includes the four criteria and five guidelines for zoning amendments.
These are from state law. It gives an overview of how those criteria and
guidelines apply during the review of individual zoning amendments.
Section 76-2-304 of state law establishes the criteria, section (1), and guidelines,
section (2), for the creation and amendment of zoning. Due to the range of
subjects the applicability of any individual criterion may be of more or less
importance. The City Commission must find the applicable criteria are either met
or not applicable. Below is the state statute that provide the criteria and
guidelines for zoning decisions:
76-2-304. Criteria and guidelines for zoning regulations.
1. Zoning regulations must be:
a. made in accordance with a growth policy; and
b. designed to:
i. secure safety from fire and other dangers;
ii. promote public health, public safety, and the general
welfare; and
iii. facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements.
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2. In the adoption of zoning regulations, the municipal governing body
shall consider:
a. reasonable provision of adequate light and air;
b. the effect on motorized and nonmotorized transportation systems;
c. promotion of compatible urban growth;
d. the character of the district and its peculiar suitability for particular
uses; and
e. conserving the value of buildings and encouraging the most
appropriate use of land throughout the jurisdictional area.
How the criteria and guidelines are applied
Under state law, zoning regulations must be “made in accordance with a growth
policy.”
This criterion gives the Commission latitude; for zoning map amendments a
correlation to the future land use map is essential. Beyond that, policy
statements such as goals and objectives are weighed. In a text amendment,
policy statements weigh heavily as the standards being created or revised
implement the growth policy’s aspirations and intent. The City must balance
many issues in approving urban development. So, it is not unusual if there is
some tension between competing priorities, even if there is no explicit
contradiction of policy.
As shown in the state statute, zoning must also “be designed to:
a) secure safety from fire and other dangers;
b) promote public health, public safety, and the general welfare; and
c) facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements.
For a map amendment, all three of the above elements are addressed primarily
by the City’s long range facility Plans, the City’s capital improvements program,
and development standards adopted by the City. The standards set minimum
sizing and flow requirements, require dedication of parks, provision of right of
way for people and vehicles, keep development out of floodplains, and other
items to address public safety, etc. It is often difficult to assess these issues in
detail on a specific site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts
are experienced. The availability of other Planning and development review tools
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must be considered when deciding the degree of assurance needed to apply an
initial zoning at annexation.
The City’s building codes reduce reliance on zoning to address other elements of
public safety. For example, requirements for fire sprinklers for larger buildings
are addressed in the building codes but not in the zoning code. In addition, the
subdivision review process lays out the backbone for public infrastructure. This
includes most water, sewer, stormwater, and street facilities. Development
review under zoning procedures gives a final check on infrastructure capaCity
when there is a known intended intensity of use and condition of facilities.
Considering what infrastructure is already present, such as in infill situations, or
whether placing one zoning district next to another may reduce travel distances
and increase walkability, are also factors that can play into this criterion. It is not
only about production of more but also of best use of public facilities. If a
proposed change to the map is contrary to the facility Plans, or causes
substantial inadequacy over the long term, then denial of the amendment may
be warranted.
2) In the adoption of zoning regulations, the municipal governing body shall
consider:
a) reasonable provision of adequate light and air;
Bozeman has established generally applicable standards for setbacks,
park dedication, on-site open space, and building design standards to
address this requirement. This is done during the creation of the
zoning text. Therefore, when considering changes to the map, this
issue is addressed for all districts. In addition, the building codes have
standards for ingress and egress, ventilation, and related subjects that
further support delivery of adequate light and air. Care is needed if the
City revises the standards themselves.
b) the effect on motorized and nonmotorized transportation
systems;
This guideline looks at the anticipated change that may occur due to
the amendment. It does not require there to be less of an impact than
from the existing condition whether it be text or map that is the focus.
The City relies upon its long-range transportation Plan to evaluate
transportation needs over the long term for motorized vehicles as well
as bikes and pedestrians. The park and trail Plan also considers
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options for extending the trail network. Plans are periodically updated
to keep them applicable to current conditions.
Review of development proposals as subdivisions or site development
looks at the transportation, park and trail, and facility Plans, considers
existing conditions, and then requires additional on and off-site
improvements needed to meet the additional demand expected from
new development. Development creates or funds many of the City’s
local streets, intersection upgrades, and trails. Therefore, although a
text or map amendment may allow more intense development than
before, compliance with the adopted Plans and standards will provide
adequate capaCity to offset that increase. The City’s development
standards require on-site parking for bicycles and motor vehicles and
pedestrian circulation within each site. Articles 38.4 and 38.5 of the
UDC regulate parking and circulation. If the Commission considers a
substantial change to the standards it must examine the cumulative
impacts.
The capaCity of a street to handle traffic can be viewed differently by
local residents, traffic engineers, and Planners. The long-range
transportation Plan establishes the standards for what is “too much”
on each class of road. The impact of additional development is not
excessive so long as the Planned capaCity of the road is not exceeded.
New development contributes to the creation of additional capaCity
through dedication of right of way, construction or reconstruction of
streets, payment of impact fees, and other contributions as may be
applicable to a specific project. These requirements may mitigate the
impacts of additional development. Development that is more intense
requires greater transportation capaCity. So, it is good, but not
required, to have more intensive districts near arterial and collector
roads.
c) promotion of compatible urban growth;
This guideline focuses on what happens at the edge of the City, as well
as what occurs in the heart of the City. Section 38.700.040, BMC
defines the factors considered in determining compatibility. This
definition explicitly rejects uniformity as being necessary for
compatibility. Compatibility is considered within districts, as well as
between districts. The determination of compatibility happens at
several levels, including: 1) what uses are allowed within each district;
2) creation of standards for new development to lessen impacts to
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adjacent land/persons; 3) creation of building and site design
standards; and 4) application of future land use areas through the
community Plan and development of the zoning map.
When the Commission considers a text amendment, the majority of
the focus is on items 1 - 3, above. What combination of uses under
what conditions can work well together? There is a wide range of
possible answers for each community to consider. Some communities
take a highly prescriptive worst-case view and try to restrain all
possible points of perceived conflict. This tends to create a very
homogenous community with little interest or scope for creativity.
Bozeman takes a different approach. The worst-case scenario is
recognized as unlikely but possible. Development standards deal with
the majority of cases, while restraining extraordinary problems. An
example is stormwater management where a certain minimum level of
control is required but there are many acceptable alternatives to
address the issue.
When considering zoning map amendments, the Commission first
looks at the future land use map created by the growth policy. See
discussion under Criterion 1(a) above. That Planning process looks at a
very high level at various policies to identify community priorities. In
Bozeman’s case, those policies consistently emphasize quality of
development, infill in a manner that allows for additional intensification
over time, connecting land development to other community priorities
like multi-modal transportation, cost efficient user-pays provision of
facilities, and reasonable incremental development at the City edge.
These, and other, policies influence the layout of the future land use
map.
The City creates standards under items 1-3 so that when one district is
adjacent to another, and is consistent with the growth policy, any
physical conflicts will be minimal if present at all. The City’s zoning
policy encourages continued development of mixed uses. This is seen
in the older areas of the City, which were built before zoning. The City
uses the broad scope of its development standards to enable differing
uses to be successful near each other. This shows on the zoning map
where districts providing a wide diversity of uses are intermixed.
d) the character of the district and its peculiar suitability for
particular uses; and
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The second element of this guideline reflects the application of the
statutory criteria to a wide diversity of purposes and communities.
Some land has a unique physical attribute that makes it more
appropriate for one use than another. That attribute may be inherent
in the land itself or due to proximity to something else. For example,
the City’s land adjacent to the East Gallatin River is well suited for the
Public Lands and Institutions district because it supports both
recreational functions in Story Mill Park and an essential water
treatment role next to the Water Reclamation Facility.
The character of a district is seen from a couple different viewpoints.
First, when considering an amendment to the text, the integration of a
proposed change is evaluated with the other standards, purposes, and
criteria of site review. If the new change conflicts with other text, then
the new change should be rejected, or other revisions made, so that
the overall standards for a given district support one another.
Second, when considering an amendment to the zoning map both the
actual and possible built environment are evaluated. If the amendment
is accompanying an annexation request there is often a substantial
change in use that will occur. In this case, the Commission must look
at what the growth policy recommends for the area, as there is less
built context to provide guidance. A zoning district change for land
already within the City requires greater consideration of the current
actual and possible environment. Most of Bozeman has zoning that
allows more development than the current owners utilize. This reflects
many personal preferences and economic decisions.
There is no specified distance in state law or local code outside of the
boundary of a map amendment that describes the “district” to be
considered. The City provides direct notice to landowners out to 200
feet from the outer boundary of the area to be given a new zoning
designation by the map amendment. This is notice, not the distance
that dictates the extent of the analysis. Impacts from a zoning change
may be less or more than 200 feet depending on the nature of the
change and what already exists. State law recognizes that persons
owning land within 150 feet have a unique interest in the decision to
rezone and gives them the ability to protest the zoning. It is notable
that the protest does not stop a rezoning but requires a greater
majority of the Commission to approve. If there is adequate reason for
the change, it can go forward.
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Nothing in the zoning amendment or site review criteria requires the
Commission restrict one owner because an adjacent owner chooses to
not use all zoning potential. The City is not obligated to enforce or
recognize any privately imposed restrictions, such as a covenant, on
land. Such restrictions are not subject to the same public notice or
participation requirements as City actions.
Landowners have both rights and obligations. To find that an
amendment application should be approved, the application materials
and review need show the amendment meets the required criteria for
approval. This is a very site specific evaluation and can consider, but is
not obligated to give preference to, what adjacent owners have chosen
to do with their property. When evaluating compliance with criteria it is
appropriate to consider all the options allowed by the requested district
and not only what the present applicant describes as their intensions.
The City Commission must consider several items in its decision on a
zone map amendment. First, the Commission must consider the nature
of the dominant uses allowed in a district compared with adjacent
properties. For example, are they both residential or is one residential
and another non-residential. Bozeman has an existing pattern of
diverse zoning districts in proximity to each other. Second, the
Commission should consider differences in allowed intensity between
the districts such as differences in height, setbacks, or lot coverage.
The greater the difference the more likely conflict is possible. An
incremental change between R-1 and R-2 for example, has the same
setbacks, and very similar maximum heights. Next, the Commission
must decide whether a larger community benefit exists such as
locating a fire station where it will serve the adjacent property but is
different from the surrounding zoning. Finally, the Commission must
ask what separates one zone from another? The City strives to locate
zoning boundaries along visible and natural dividing lines such as
streets, trail corridors, creeks, or parks. At a minimum, zoning
boundaries should follow property boundaries. The greater the physical
separation the less likely there may be a conflict. A local street,
typically 60 feet wide, when combined with the standards for site
development, is generally considered an adequate separation even for
substantially different districts.
e) conserving the value of buildings and encouraging the most
appropriate use of land throughout the jurisdictional area.
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There are two elements to this guideline. First, conserving the value of
buildings applies to changes that may lessen the functional utility of a
property. Changes that increase opportunities on a property are
unlikely to fail this test. Some reduction in value can happen with
adequate justification. Requiring a development to mitigate impacts on
its site that lowers development potential is acceptable. The need for
that mitigation must be demonstrated.
Assertions that allowing a more intensive zoning may lessen values on
adjacent properties is best addressed under the guideline regarding
the character of the district. The financial value of land changes
constantly based on many factors. Properties considered undesirable
at one time may be sought after as circumstances change or the
reverse. Value may be primarily in the eye of the beholder and not
supported by neutral and objective evaluation. There is no defined
decline in financial value or utility that proves an automatic failure of
this guideline.
Encouraging the most appropriate use of land connects back to
criterion 1(a) and the growth policy and guideline 2(d) and peculiar
suitability for particular uses. The future land use map and policies of
the growth policy should merge to establish priorities for land use that
consider whether a given location is genuinely unique. There are
circumstances where combinations of uses such as high density
housing close to employment, community amenities, and
transportation reinforce each other.
PUBLIC REVIEW AND HEARING PROCEDURES
An amendment to the zoning text or map can be initiated by a property owner or by the
City Commission. Division 38.260, BMC has the requirements for initiating an
amendment. A general outline of the public hearing process for an application follows.
As a legislative process, the City Commission has discretion in making their decision.
An important part of the amendment review process is the opportunity to offer
comments on the proposal. Any interested person or group may give comments. The
public hearing process formally provides this opportunity. Persons for, against, or
merely seeking information about the proposal may speak to the appointed or elected
officials who must review the request. The required public hearings on a zoning
amendment are by the Zoning Commission and the City Commission. The Zoning
Commission gives a recommendation to the City Commission regarding the proposed
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amendment’s compliance with the review criteria. The typical format for a public
hearing on a zoning amendment is as follows:
1. The public hearing are advertised as required by state law and Division
38.220 of the City of Bozeman Municipal Code. Written public comments may
be submitted to the City prior to the beginning of the public hearing.
2. The public hearing will be conducted at the time and place advertised.
3. Announcement of the request by the Mayor or the Chair.
4. Report on the review by the Department of Community Development,
including an analysis of compliance with the growth policy, review criteria,
and a recommendation of approval or denial.
5. Presentation by applicant and applicant’s representative(s). In the event the
amendment is initiated by the City, this is usually the same as step 4 above.
6. Questions from the City Commission or Zoning Commission to staff or
applicant.
7. The public hearing is opened with persons able to speak for, against, or to
seek additional information from applicant or staff. A time limit may be
established for each speaker. Commenters may also submit comments in
writing. The public is encouraged to provide in their comments a factual basis
related to specific review criteria for their support or opposition to an
amendment.
8. When all persons have had opportunity to speak, the public hearing will be
closed and the City Commission or Zoning Commission will then return
discussion of the project to themselves.
9. The City Commission or Zoning Commission will evaluate the application
materials, the staff report, public written and spoken testimony, and the
amendment review criteria and procedures. The City Commission or Zoning
Commission may inquire of staff, applicants, or the public for clarification or
additional information in order to complete their evaluation.
10. A majority vote of a defined Zoning Commission quorum is adequate to
render a decision.
11. The Zoning Commission will forward a recommendation to the City
Commission.
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12. After the City Commission has conducted their public hearing, they make
their decision on the record established during the public hearing. This
includes the application materials, staff report, Zoning Commission
recommendation, public comments, and all other relevant material presented
during the review.
13. When the City Commission has rendered their decision the process for a
formal two-step ordinance adoption as required in state law is required before
any amendment is final.
14. An approval or denial of amendment may be appealed to District Court after
a final decision has been rendered. Appeals are subject to the requirements
of state law.
SUBDIVISION REVIEW
Subdivisions set the “bones” for a community by establishing the locations for roads,
parks, and lots for development. How a subdivision is designed and reviewed can
impact Bozeman’s citizens for many years to come. Review must be fair to all, allow for
identification and resolution of concerns, and provide meaningful opportunities for
participation.
Intent and Background
Local governments in Montana must review proposed subdivisions. Section 76-3-
101 et seq. Montana Code Annotated governs the review of subdivisions. Section
76-3-501 et seq. MCA requires all municipal and county governments to establish
subdivision review regulations and establishes the minimum requirements for
those regulations. In addition, Section 76-1-601 MCA requires that a growth
policy discuss and address various elements of the subdivision review process.
This chapter meets the requirement. Title 76, Chapter 3 MCA contains the
requirements and restrictions upon both public and private parties for subdivision
review and platting. For full information on this subject interested parties are
referred to Title 76, Montana Code Annotated, and Division 38.240 Unified
Development Ordinance, City of Bozeman municipal code.
Creation of a subdivision often precedes or accompanies a change in the use of
that land. A subdivision generally remains in perpetuity and continues to
influence the location and intensity of land uses within and adjacent to the
subdivision. Therefore, subdivisions are strongly connected to the comprehensive
Planning process and may significantly advance or hinder public goals. Because
of this strong influence all subdivisions must comply with the Bozeman growth
policy. The subdivision and zoning regulations adopted by the City to direct and
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govern the review and use of land must also conform to the Bozeman growth
policy.
Review Participants
Many agencies and review bodies review subdivisions. Reviews are conducted by
each agency as needed. The purpose of these reviews is to verify compliance
with law and identify concerns which may require mitigation. These entities may
include, but are not limited to:
• City staff
• Recreation and Parks Advisory Board
• Private Utilities such as power and telecommunications
• MT Fish, Wildlife, and Parks
• MT Dept. of Transportation
• Pedestrian & Traffic Safety Committee
• Irrigation companies
• Planning Board
• Gallatin County
Definitions and Review Procedures
This section defines the six state established primary criteria for subdivision
review and gives an overview of how those criteria are used during the review of
subdivisions.
Agriculture
Agriculture is defined as: The cultivation or tilling of soil or use of other growing
medium for the purpose of producing vegetative materials for sale or for use in a
commercial operation and/or the raising or tending of animals for commercial
sale or use. Agriculture does not include gardening for personal use, keeping of
house pets or animals as authorized under chapter 8 of the municipal code,
service animals as defined by the Americans with Disabilities Act, or landscaping
for aesthetic purposes.
The following presumptions apply.
1) Property annexed or seeking to be annexed within the depicted urban
area shown on the future land use map will generally not be utilized for
agricultural purposes over the long term.
2) Agriculture may be appropriate within the City in limited areas where
physical constraints make an area undesirable for the construction of
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buildings, or in support of a commercial business such as a Plant nursery
or a common community garden.
3) Urban density development within the City of Bozeman facilitates the
preservation of agriculture in Gallatin County. It provides a location for the
development of residential and employment activities in a compact and
efficient manner. This reduces pressure to convert agricultural lands to
non-agricultural uses in the county.
4) Undeveloped lands within the City not constrained by physical features
should be developed at urban densities. This enables infill development
and reduces outward expansion of the City.
Agricultural Water User Facilities
Agricultural water user facilities are defined as: Those facilities, which include but
are not limited to ditches, pipes, and other water-conveying facilities, which
provide water for irrigation and stock watering on agricultural lands, with said
lands being defined in MCA 15-7-202
The following presumptions apply.
1) Agricultural uses are not generally urban uses. The transition of
agricultural lands to urban uses will often remove the need for agricultural
water user facilities within the urbanized area. Where a need for
protection due to ongoing use for water conveyance can be demonstrated
provision for protection of the facility must be made.
2) The formal abandonment and removal of all agricultural water user
facilities within the City shall occur in accordance with Montana law.
Should the beneficial use cease in the future an easement for protection
of agricultural water user facilities may be removed.
3) The use of agricultural water user facilities for storm water does not
constitute beneficial use for the purposes of presumption 2 above. Storm
water facilities may require separate easements or other procedures.
Local Services
Local Services means: All services provided by governmental bodies for the
benefit of citizens. This includes, but is not limited to, police, fire, water,
recreation, streets, parks, libraries, schools, wastewater, and solid waste
collection and disposal. Those criteria to which a specific response and evaluation
of impact must be made are listed within the City subdivision regulations.
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The following presumptions apply.
1) When the City assessed needs and means of addressing those needs,
subdividers will not be required to duplicate that work without good
cause. If the City has completed a portion of a required assessment the
subdivider may be required to submit the remaining portion of the
necessary information.
2) CapaCity and capability in local services is limited. All development shall
equitably participate in providing adequate services for itself, including
replacement of consumed reserve capaCity. Development shall meet
levels of service and facility design standards established by the City.
3) Response times, physical space within facilities, compliance with
applicable facility Plans, and general design of local service facilities within
proposed subdivisions shall be addressed during the preliminary plat
review and necessary mitigation provided.
4) Lack of adequate service capaCity and capability within local services is
adequate grounds for denial of subdivision approval when impacts of
proposed subdivisions are not mitigated.
Effect on the Natural Environment
The natural environment is defined as: The physical conditions which exist within
a given area, including land, water, mineral, flora, fauna, noise, light, and objects
of historic or aesthetic significance.
The following presumptions apply.
1) The natural environment is fundamentally linked with our economic
development, as an attraction to new and expanding businesses, a tourist
destination, and a basic component of Bozeman’s character.
2) The natural environment should be conserved and development should
respect significant natural features and systems. Impacts to consider
include road locations, storm water treatment and discharges, potential
contamination of ground or surface water, building placement, and others
that may be identified through subdivision, zoning, data inventories, and
other implementation tools. Mitigation of negative development impacts is
required.
Wildlife and Wildlife Habitat
Wildlife means animals that are neither human, domesticated, nor feral
descendants of commonly domesticated animals; and wildlife habitat means the
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place or type of habitat where wildlife naturally thrives. Habitat excludes areas
developed for human use or habitation including agriculture.
The following presumptions apply.
1) Lands within the designated urban area are typically utilized for purposes
which reduce their value as wildlife habitat and development will have a
minor impact. Watercourse corridors and wetlands are an exception to
this presumption. The designated urban area is all lands except [Present
Rural] shown on the future land use map.
2) The habitat needs of larger and/or predatory wildlife species such as deer,
moose, bears, coyotes, or similar species will not be met within urban
density development and will likely be in conflict with people. Therefore,
these types of animals are found to be undesirable within the City
boundaries.
3) Smaller species, especially birds, are compatible within urban density
development and should be preserved, including the encouragement of
suitable habitats.
4) High value wetlands, stream corridors, and similar high value habitats
should be preserved in accordance with the City’s adopted standards.
These provide a variety of recreational, environmental sustainability, and
safety values such as flood control as well as habitat.
Public Health and Safety
Public health and safety means a condition of optimal well-being, free from
danger or injury, for a community at large, as well as for an individual or small
group of persons.
The following presumptions apply.
1) Health is a comprehensive subject and threats to health include chronic as
well as acute hazards.
2) Subdivision design should encourage physical activity and a healthy
community.
3) The creation of hazards to public health and safety are not acceptable and
appropriate mitigation must be provided.
4) Some level of risk is present in all locations and times despite efforts to
prevent harm. Individual developments are not solely responsible for the
correction of risks which are common to all. They should equitably
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participate in common solutions to common problems. However, the
presence of common risks, such as inadequate public services, may
prevent approval of a development until the hazard has been removed or
corrected. The developer of a subdivision may not accept hazards to
public health and safety on behalf of future residents or owners of a
subdivision by declaring that necessary infrastructure improvements or
other actions are unnecessary.
Public Hearing Procedures
An important part of the subdivision review process is the opportunity to offer
comments on the proposal. Comments may be given by any interested person.
This opportunity is formally provided by the public comment/hearing process.
Persons for, against, or merely seeking information about the proposal may send
written comments to the City for transmittal to the appointed or elected officials
who review the subdivision, or speak at a public hearing. The public hearing,
when one is required by state law, on a subdivision proposal may be held by
either the Planning Board and/or the City Commission. The individual body to
hold the public hearing is set by ordinance. Planning Board recommends to the
City Commission regarding the proposed subdivision’s compliance with the
Bozeman Community Plan. More than one public hearing may be held.
Regardless of which body holds a hearing a similar procedure is required.
Generally, the format for a subdivision public hearing is as follows:
1) The public hearing will be advertised as required by state law and
Divisions 38.220 and 38.240 of the City of Bozeman Municipal Code.
2) The public hearing will be conducted at the time and place advertised.
3) Announcement of the project by the Mayor or the President of the Board.
4) Report on the project by the Department of Community Development,
including an analysis of compliance with the Bozeman Community Plan,
regulatory standards and a recommendation of approval, denial, or
approval with conditions
5) Presentation by applicant and applicant’s representative(s).
6) Questions from the Commission or Planning Board to staff or applicant.
7) The public hearing/comment is opened with persons able to speak for,
against, or to seek additional information from applicant or staff. A time
limit may be established for each speaker. The public is encouraged to
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provide a factual basis for their support or opposition to a subdivision and
base their comments on subdivision review criteria.
8) When all persons have had opportunity to speak, the public
hearing/comment will be closed and the Commission or Planning Board
will then return discussion of the project to themselves.
9) The Commission or Planning Board will evaluate the application materials,
the staff report, public testimony, and the requirements of subdivision law
and regulations. The Commission or Planning Board may inquire of staff,
applicants, or the public for clarification or additional information in order
to complete their evaluation.
10) A majority vote of a defined Planning Board quorum is adequate to render
a decision.
11) The Planning Board will forward a recommendation to the City
Commission.
12) The City Commission will make their decision on the record established
during the review of the subdivision. The record includes all application
materials, staff review, public comments, and other materials provided
prior to the Commission’s action.
13) When the City Commission has rendered their decision they will cause
findings of fact to be prepared which establishes the official record and
decision.
14) An approval or denial of a subdivision may be appealed to District Court
after a final decision has been rendered. Appeals are subject to the
requirements of state law.
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