HomeMy WebLinkAbout01-25-21 Zoning Commission Agenda & Packet MaterialsTHE ZONING COMMISSION OF BOZEMAN, MONTANA
ZC AGENDA
Monday, January 25, 2021
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Bozeman Zoning Commission Meeting Agenda, January 25, 2021
1
A. Call meeting to order
B. Disclosures
C. Approval of Minutes
C.1 Minutes Approval for 1-11-21(Rogers)
D. Public Comment
Please state your name and address in an audible tone of voice for the record. This is the time for
individuals to comment on matters falling within the purview of the Committee. There will also be
an opportunity in conjunction with each action item for comments pertaining to that item. Please
limit your comments to three minutes.
E. Action Items
E.1 Baxter Creek Zone Map Amendment to Change 18.24 Acres from B-2 (Community Business
District) to B-2M (Community Business District-Mixed), Application 20-387(Saunders)
E.2 The Nexus Point 2021 Zone Map Amendment Application to Change Approximately 6.99
acres from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density), Application
20-389.(Rogers)
F. FYI/Discussion
G. Adjournment
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Bozeman Zoning Commission Meeting Agenda, January 25, 2021
2
Memorandum
REPORT TO: Zoning Commission
SUBJECT: Minutes Approval for 1-11-21
MEETING DATE: January 25, 2021
AGENDA ITEM TYPE: Minutes
RECOMMENDATION: Suggested Motion:
I move to approve the meeting minutes for January, 11th, 2021
STRATEGIC PLAN: 1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND: None
UNRESOLVED ISSUES: None
ALTERNATIVES: 1. Approve meeting minutes with corrections
2. Do not approve meeting minutes
FISCAL EFFECTS: None
Attachments:
Zoning Commission Minutes 011121 DRAFT.pdf
Report compiled on: January 21, 2021
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Bozeman City Commission Meeting Minutes, 01-11-21
Page 1 of 5
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
January 11, 2021
00:12:19 WebEx Meeting Information
A) 00:13:26 Call meeting to order
B) 00:14:33 Disclosures
C) Approval of Minutes
C.1 00:25:44 Minutes Approval
Cover Page
11-23-20 Zoning Commission Minutes DRAFT.pdf
00:26:20 Nicole Olmstead made a correction to the meeting minutes clarifying that Paul Spitler
was in favor of the motion discussed at the 07:28 timestamp of the November 23rd meeting.
00:28:28 Motion Approve meeting minutes for November 23rd, 2020
Christopher Scott: Motion
Nicole Olmstead: 2nd
00:28:40 Vote on the Motion to approve meeting minutes for November 23rd, 2020.
The Motion carried 4 - 0
Approve:
Nicole Olmstead
Kirsa Shelkey
Christopher Scott
Jennifer Madgic
Disapprove:
None
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Bozeman City Commission Meeting Minutes, 01-11-21
Page 2 of 5
D) 00:15:23 Public Comment
D) 00:22:15 Public Comment
00:22:33 David Parker (2301 S. 27th) commented in opposition of the Buffalo Run Annexation.
F) 00:28:55 Action Items
F.1 Buffalo Run Zone Map Amendment, 5400 Fowler Lane, to establish an initial municipal
zoning of R-5, Residential Mixed Use High Density Zoning District on Approximately 20.3
Acres, Application 20112.
Cover Page
20112 Buffalo Run ZMA ZC SR 1-06-2021.pdf
ZC Packet Application Materials Combined.pdf
00:30:52 City Planner Chris Saunders presented the proposed Buffalo Run Annexation application
on behalf of the Community Development Department. Planner Saunders reviewed the surrounding
area, zoning, and accordance with the growth policy.
00:40:54 Planner Saunders reviewed the Zoning Criteria of Evaluation for the project.
00:56:29 Planner Saunders shared that the application meets the criteria of evaluation and
recommended approval of the application.
00:57:04 Zoning Commission member Nicole Olmstead directed questions toward Chris Saunders
regarding Community Plan designation, zoning uses and intensity, and transportation infrastructure.
01:06:47 Zoning Commission member George Thompson asked City staff about capital
improvements which would address density at the proposed annexation location.
01:14:42 City Commissioner, Jennifer Madgic asked about a public comment concerning a condo
development with more than 288 units and whether that would be allowed within the proposed R-5
zoning. Commissioner Madgic also asked about what this neighborhood could be like in the future,
given the density.
01:21:43 Chairman Christopher Scott asked about the process to protest an application and
whether there were protests related to this application. At least one protest had been received at the
time of this meeting.
01:26:00 Board member Kirsa Shelkey asked about the Future Land Use Map compared to the
zoning map. In response, Planner Saunders shared that the City does not have control over when land is
developed after annexation, and that infrastructure is planned for 70-100 years into the future.
01:30:39 Courtney McRickard and Derek Williams introduced themselves as partners on the
project.
01:33:34 Ryan Krueger of Intrinsik Architecture presented on behalf of the project applicants.
Architect Krueger shared some examples of similar annexations and details on how the application
meets zoning criteria.
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Bozeman City Commission Meeting Minutes, 01-11-21
Page 3 of 5
01:40:24 Zoning Commission members directed questions toward the project applicants and
representatives.
02:00:41 Public Comment:
Lorre Jay made public comment in opposition of the proposed annexation.
02:06:01 Craig Ogilvie commented in opposition of the proposed annexation.
02:08:33 Bruce Parker, president of the Meadowcreek HOA, commented in opposition of the
proposed annexation.
02:10:56 John Emerson asked about protest process and commented in opposition of the
proposed annexation.
02:15:17 Lara Schulz echoed previous sentiments and commented in opposition of the proposed
annexation.
02:16:10 Lucas Foust (3390 S. 30th) commented in opposition of the proposed annexation.
02:19:57 Molly Siverts (Mia Lane) commented in opposition of the proposed annexation.
02:24:08 Paul Thomas commented in opposition of the proposed annexation.
02:31:00 Sam Thompson (S. Montana Ave) commented in opposition of the proposed annexation.
02:33:04 Scott Walgren (Mia & 31st Street) commented in opposition of the proposed
annexation.
02:35:26 Scott Webb commented in opposition of the proposed annexation.
02:38:38 Chad Vaughn (S. 25th Ave) commented in opposition of the proposed annexation.
02:42:15 Stacey Deck (6089 Blackwood) commented in opposition of the proposed annexation.
02:44:55 Steve Krezminski (3328 Parkway) commented in opposition of the proposed annexation.
02:48:57 Steve Wiechmann commented in opposition of the proposed annexation.
02:51:03 Tom Kubit commented in opposition of the proposed annexation.
02:52:22 Ursula Neese (Fowler Lane) commented in opposition of the proposed annexation.
02:55:14 William Roshia Jr. commented in opposition of the proposed annexation.
02:57:08 William Smallen (3222 S. 20th Ave) commented in opposition of the proposed
annexation.
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Bozeman City Commission Meeting Minutes, 01-11-21
Page 4 of 5
03:01:07 Zach Montano (3450 S. 28th Ave) commented in opposition of the proposed
annexation.
03:03:06 Don Seifert (2124 Gallatin Green) commented in opposition of the proposed annexation.
03:05:03 Emil Kadlec commented in opposition of the proposed annexation.
03:14:31 Jamie Fitterer (4940 Stucky Rd.) commented in opposition of the proposed annexation.
03:15:40 Lavonne Rus-Ogilvie (3428 S. 30th) commented in opposition of the proposed
annexation.
03:18:40 Linda Lyon (3213 S. 26th) commented in opposition of the proposed annexation.
03:21:04 Mark and Martha Koscinski commented in opposition of the proposed annexation.
03:23:08 Terry Wolfe (Mia & S. 30th) commented in opposition of the proposed annexation.
03:28:26 Jerry Pape (N. 25th) commented in opposition of the proposed annexation application.
03:35:14 Mollie Walnum (S. 26th) spoke in opposition of the proposed annexation application.
03:39:36 Terry Moltzan (3302 S. 26th) commented in opposition of the proposed annexation
application.
03:44:14 Project applicants addressed some of the public comment received.
03:54:34 Planner Chris Saunders provided clarification regarding the maximum distance allowed
in order to protest, letting commenters know that it is a state regulation.
03:55:53 Motion F) Action Items
Having reviewed and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for application 20112
and move to recommend approval of the Buffalo Run Zone Map Amendment, with contingencies
required to complete the application processing.
Nicole Olmstead: Motion
George Thompson: 2nd
03:57:25 ZC member Nicole Olmstead spoke to her motion and explained components of the
growth policy and the decision the commission is charged with this evening. Olmstead shared that she'd
be supporting the application.
04:05:27 ZC member George Thompson voiced concern regarding the proposed R-5 designation.
Commissioner Thompson also voiced concern regarding the investment in transportation infrastructure
required and said that he will not be in favor of the motion.
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Bozeman City Commission Meeting Minutes, 01-11-21
Page 5 of 5
04:13:06 ZC member Kirsa Shelkey voiced concern over compliance with the growth policy for
compatible or incremental growth.
04:16:40 Chairman Christopher Scott echoed ZC Shelkey's sentiments in compliance with the
growth policy. Chairman Scott also voiced concern about transportation connectivity in the near future.
Chairman Scott said he would not be supporting the motion.
04:23:58 City Commissioner, and ZC liaison Jennifer Madgic shared that it was disconcerting to
hear the amount of opposition to the proposed project.
04:27:09 Vote on the Motion to approve F) Action Items
Having reviewed and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for application 20112
and move to recommend approval of the Buffalo Run Zone Map Amendment, with contingencies
required to complete the application processing.
The Motion failed 1 - 3
Approve:
Nicole Olmstead
Disapprove:
George Thompson
Kirsa Shelkey
Christopher Scott
04:28:21 This item will be on the City Commission agenda for February 9th, 2021
04:29:17 ZC member Nicole Olmstead raised the question of neighborhood planning to receive
more guidance when making decisions like this application. A general discussion followed. ZC members
discussed a work session with city staff.
G) 04:37:34 FYI/Discussion
H) 04:37:45 Adjournment
For more information please contact Tom Rogers at trogers@bozeman.netThis board generally meets
the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM
8
Memorandum
REPORT TO: Zoning Commission
FROM: Saunders
SUBJECT: Baxter Creek Zone Map Amendment to Change 18.24 Acres from B-2
(Community Business District) to B-2M (Community Business District-Mixed),
Application 20-387
MEETING DATE: January 25, 2021
AGENDA ITEM TYPE: Community Development - Legislative
RECOMMENDATION: Recommended Zoning Commission Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
application 20-387 and move to approve the Baxter Creek Zone Map
Amendment, with contingencies required to complete the application
processing.
STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND: See attached Staff Report.
UNRESOLVED ISSUES: None
ALTERNATIVES: As identified in the Staff Report.
FISCAL EFFECTS: None at this time.
Attachments:
ZC Staff report - Baxter Creek ZMA App. No. 20387, 1-19-
2021.pdf
Consolidated Application Packet.pdf
Report compiled on: January 14, 2021
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Page 1 of 17
20-387 Staff Report for the Baxter Creek Zone Map Amendment
Public Hearing:
The Zoning Commission public hearing will be held on January 25, 2021.
The City Commission public hearing will be held on February 9, 2021
Project Description: Amendment of the City Zoning Map for a currently vacant property and
adjacent right-of-way totaling 18.24 acres from B-2 (Community Business District) to B-2M
(Community Business District-Mixed).
Project Location: Along the north side of Huffine Lane (MT Highway 191) and the south
side of Fallon Street, approximately 650 feet west of S. Cottonwood Road.
The property may be described as the W ½ SE ¼ SE ¼ of Section 9, Township 2 South, Range
5 East, excepting therefrom a 41’ strip of land off the west side described in Certificate of
Survey 1005 and Highway 191 right-of-way conveyed to the State of Montana, located in the
City of Bozeman, Gallatin County, Montana.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 20-387 and move to approve the
Baxter Creek Zone Map Amendment, with contingencies required to complete the application
processing.
Report Date: January 19, 2021
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
Nicole Olmstead of Cushing Terrell, representing applicant Outlaw Real Estate Partners and
its member Ryan Kulesza, seeks to amend the zoning map designation on property owned by
Flowerree Family LLC. Property has since changed ownership to Baxter Creek, LLC. The
zone map amendment would change the zoning on approximately 17.57-acres, along with the
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 2 of 17
adjacent street right-of-way included in the zone change area, for a total of 18.24 acres, from
B-2 (Community Business District) to B-2M (Community Business District-Mixed). The
subject property is located along the north side of Huffine Lane (MT Highway 191) and the
south side of Fallon Street, approximately 650 feet west of S. Cottonwood Road.
On January 5, 2021, the City Commission preliminarily approved a zoning change on the
property immediately to the west to also be B-2M. That change is in the process of being
finalized. Section 1 maps show what is presently on the zoning map.
Alternatives
1. Recommend denial of the application based on the Commission’s findings of non-compliance
with the applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 3 of 17
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 6
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
Zone Map Amendment ....................................................................................................... 6
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 7
Spot Zoning Criteria ......................................................................................................... 12
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 13
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 13
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 14
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 14
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 17
FISCAL EFFECTS ................................................................................................................. 17
ATTACHMENTS ................................................................................................................... 17
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 4 of 17
SECTION 1 - MAP SERIES
Map 1: Vicinity Map of the subject property in the City of Bozeman
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 5 of 17
Map 2: Existing Zoning (B-2)
Map 3: Proposed Zoning (B-2 B-2M)
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 6 of 17
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. All documents and exhibits necessary to establish an initial municipal zoning designation must
be identified as the “Baxter Creek 2021 Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled "Baxter Creek 2021 Zone Map
Amendment." The map must be supplied on: 1) a mylar for City records (either 18" by 24" or
24" by 36" size); 2) a reduced 8 ½" x 11" or 8 ½" by 14" exhibit suitable for filing at the County
Clerk & Recorder; 3) an editable digital copy for the City Engineer's Office; and 4) a PDF.
This map must be acceptable to the City Engineer's Office and must be submitted within 60
days of the action to approve the zone map amendment. Said map shall contain a metes and
bounds legal description of the perimeter of the subject property including adjacent rights-of-
way or street easements, and total acreage of the property to be rezoned; unless the property to
be rezoned can be entirely described by reference to existing platted properties or certificates
of survey.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides
an editable metes and bounds legal description prepared by a licensed Montana surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted of the Baxter Creek Zone Map Amendment (ZMA).
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on this ZMA on January 25, 2021 and will
forward a recommendation to the City Commission on the Zone Map amendment. The meeting
will begin at 6 p.m. The meeting will be held via WebEx. Instructions for participating in the
e-meeting will be included on the meeting agenda which is published on the City’s website at
least 48 hours prior to the meeting. The agenda is available in the Meetings and Events portion
of the City’s website at https://www.bozeman.net/home
The City Commission will hold a public hearing on the zone map amendment on February 9,
2021. The meeting will begin at 6 p.m. The meeting will be held via WebEx. Instructions for
participating in the e-meeting will be included on the meeting agenda which is published on
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 7 of 17
the City’s website at least 48 hours prior to the meeting. The agenda is available in the Meetings
and Events portion of the City’s website at https://www.bozeman.net/home
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health, public
safety, and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of regulations for
land development. Standards which prevent or mitigated negative impacts are incorporated
throughout the entire municipal code but are principally in Chapter 38, Unified Development
Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Future Land Use Map in the Bozeman Community Plan 2020 designates the property
Community Commercial Mixed Use. The Community Commercial Mixed Use designation
correlates with several zoning districts including R-O, REMU, B-1, UMU, NEHMU, as well
as the existing B-2 zoning and the B-2M zoning being proposed by the applicant at this time.
The proposed zone map amendment from B-2 to B-2M would allow for similar land uses as
the current B-2 district, and also provide for apartment buildings, townhouses/rowhouses, and
ground floor residential as permitted uses as opposed to conditional uses. Some form and
intensity standards for B-2M are also different, largely reflective of the intent to encourage
residential uses as secondary uses to the ‘mixed’ business district.
This development pattern is in accordance with several goals and objectives of the Community
Plan including:
Goal N-1: Support well-planned, walkable neighborhoods.
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 8 of 17
The mixed use nature of the B-2M district is more supportive of a park once, multiple
destination, type of development. Greater allowance for housing increases likelihood of
job/home proximity which facilitates walkability.
Goal DCD-1: Support urban development within the City.
Objective DCD-1.9 Promote mixed-use developments with access to parks, open space,
and transit options.
The B-2M district allows more intensive development than B-2 with greater building heights
permitted. B-2M is a mixed district and therefore is more supportive to mixed use
development.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an increase
in development intensity within developed areas.
Objective DCD-2.2. Support higher density development along main corridors and at
high visibility street corners to accommodate population growth and support businesses.
Goal DCD-3: Ensure multimodal connectivity within the City.
Objective DCD-3.5 Encourage increased development intensity in commercial centers and
near major employers.
Goal M-1: Ensure multimodal accessibility.
Objective M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the
development of housing, jobs, and services in close proximity to one another.
Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving
economic center.
Objective EE-1.3 Continue to facilitate live/work opportunities as a way to support small,
local businesses in all zoning districts.
The B-2M district supports live/work and mixed uses. This supports but does not guarantee
development of small local businesses or live/work style development.
B. Secure safety from fire and other dangers.
Yes. The subject property is currently served by City of Bozeman Fire and Police Departments.
Future development of the property will be required to conform to all City of Bozeman public
safety, building and land use requirements, which will ensure this criterion is met. Access to
the site and provision of municipal water supply are nearby and will be expanded onto the site
as needed during development review. The zone change is not likely to adversely impact safety
from fire and other dangers.
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 9 of 17
C. Promote public health, public safety, and general welfare.
Yes. Potential future development of the site will require compliance with the City’s Unified
Development Code which ensures the promotion of public health, safety, and general welfare.
The similarity between the B-2 and B-2M districts are such that there will be few differences
between the existing and proposed districts. The same standards such as watercourse setbacks,
watercourse protection, and others which address safety and welfare apply regardless of what
zoning district is in place. The proposed amendment will not put undue burden on municipal
services, emergency response capability, or similar existing requirements.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer, parks,
and other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling, and
financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
As noted in the introduction to this Section, the Staff considers the entirety of the regulations
when evaluating each criterion. The application requirements for future development and the
standards in the municipal code will ensure that the needed infrastructure and other features
needed to comply with this criterion are met. The City is presently constructing expansions to
sewer capacity to serve the area with the Davis lift station and recently completed expansion
of Cottonwood Road.
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 10 of 17
E. Reasonable provision of adequate light and air.
Yes. The Unified Development Code includes requirements for providing adequate light and
air including park and recreation requirements, maximum building height, on-site open space
requirements, lot coverage, and setback requirements. Future development of the property
will be subject to these provisions. The Building Codes adopted under Chapter 10 of the
municipal code further provide for this issue.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The requested change in zoning from B-2 to B2-M will not itself impact the motorized
and non-motorized transportation system. The future land uses and intensity of development
are not yet known. However, the mix of residential and commercial uses allowed under the
proposed zoning, with more flexibility for residential development, could have the effect of
providing more potential for future residences in close proximity to existing goods, services,
and employment opportunities. Proximity of homes and services may reduce the number of
trips into other areas of the City to meet the residents’ needs. In any case, development of the
property will be required to comply with transportation-related standards and reviewed for
impacts on the surrounding streets, intersections, and sidewalks.
The transportation system is well developed in this area with multiple nearby arterial streets
and traffic signals to facilitate heavy traffic flows. The pedestrian network is developing.
Development of the subject property would support continuation of the developing shared use
path along Huffine Lane, sidewalks along Fallon Street, and a potential trail along Baxter
Creek. These findings are the same under either the B-2 or B-2M district.
G. Promotion of compatible urban growth.
Yes. The Bozeman Community Plan establishes a preferred and compatible development
pattern. “The land use map sets generalized expectations for what goes where in the
community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan P. 51)
The future land use map designates the property as Community Commercial Mixed Use. This
designation correlates with several zoning districts including the B2-M as proposed by the
applicant. Based on the land use map designations and correlated zoning districts in the plan
and proposed by the applicant, the zone map amendment would promote compatible urban
growth.
Also see the discussion in (H) below.
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Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 11 of 17
H. Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the purposes
[promoting health, safety, morals, or the general welfare of the community] of this part.”
Emphasis added.
This proposal seeks to amend the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is a vacant field. It is not expected that
zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to
consider changes to the character. The site is presently vacant. Any future development will
substantially change the nature of the site. The adjacent property to the east is developed for
commercial purposes. The adjacent property to the west has been preliminarily approved to
change designation to B-2M. The differences resulting from the requested amendment are
minor.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development to be compatible
with adjacent development and fit into the changing character of the area. Any future
development under either B-2 or B-2M will be subject to Article 38.5 and other standards to
address compatibility.
I. Peculiar suitability for particular uses.
Yes. The proposed B2-M district can support many types of urban development that serve the
immediate area and broader region, as well as multi-household residential as a secondary use.
The district is appropriately located along the arterial corridor of Huffine Lane. Additionally,
20
Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 12 of 17
the property is suitable for urban development without major constraints related to floodplains,
human-wildlife conflict, steep slopes or other hazards.
J. Conserving the value of buildings.
Neutral. There are no buildings on the property that may have their values impacted. The
property is already zoned for urban-scale mixed use development, so it appears this decision
has already been made.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. As stated above, the Bozeman Community Plan illustrates the most appropriate use of
the land. In this case, urban-scale residential and mixed-use development has been identified
by the community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that protect and promote public health, safety, and general welfare.
Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd.
Of County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the
area?
No. The property proposed for B-2M is currently zoned B-2, which is very similar in terms of
allowed uses, which are diverse, with both districts allowing for a mixture of residential and
commercial land uses. Surrounding established land uses are similarly diverse and not
significantly different than the allowed uses on the proposed B-2M district. The property to
the west has been preliminarily approved to change to B-2M as well. Therefore, this zoning
request will be the same as the already allowed adjacent uses.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes. The zone map amendment request would directly benefit one property owner, Baxter
Creek LLC. As noted above, the rezone request is privately initiated and also consistent with
the adjacent zoning to the west. Either the existing or proposed zoning would be in compliance
with the growth policy. Compliance with the growth policy demonstrates a generalized benefit
to the community as the growth policy broadly depicts a pattern of development found to be
in the best interest of the community.
21
Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 13 of 17
3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the general
public?
No. While only one landowner would ‘benefit’ from the zone change, there is no reason to
believe this would come at the expense of surrounding landowners or the general public. On
the contrary, Bozeman Community Plan 2020 is an expression of the public’s desires for
different types and scales of urban development throughout the City. The proposed zoning
aligns with the BCP 2020, and therefore would be to the benefit of the general public.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Nicole Olmstead of Cushing Terrell, representing applicant Outlaw Real Estate Partners and
its member Ryan Kulesza, seeks to amend the zoning map designation on property owned by
Flowerree Family LLC. Ownership of the property has since changed. The zone map
amendment would change the zoning on approximately 17.57-acres, along with the adjacent
22
Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 14 of 17
street right-of-way included in the zone change area, for a total of 18.24 acres, from B-2
(Community Business District) to B-2M (Community Business District-Mixed). The subject
property is located along the north side of Huffine Lane (MT Highway 191) and the south side
of Fallon Street, approximately 650 feet west of S. Cottonwood Road.
The property is a generally flat, vacant field in an area of rapid development and a diverse
mixture of land uses. In terms of natural or human caused hazards, the site is somewhat
constrained by a creek and adjacent wetlands. It is located adjacent to Huffine Lane, a principal
arterial and transit route. The Bozeman Community Plan 2020 designates the property as
Community Commercial Mixed Use. The proposed zoning is in accordance with the
Community Plan designations. Urban utilities and services are available.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on January 10 and 17, 2021. Notice was sent via first class mail to adjacent landowners and
posted on the property on January 8, 2021. No public comments have been received to date.
Any public comments received prior to noon on the day of the public hearing will be
provided to the Zoning Commission and City Commission.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property’s growth policy designation on the Future Land Use Map of the Bozeman
Community Plan 2020 (Growth Policy) is “Community Commercial Mixed Use”.
The Community Commercial Mixed Use category promotes commercial areas necessary for
economic health and vibrancy. This includes professional and personal services, retail,
education, health services, offices, public administration, and tourism establishments. Density
is expected to be higher than it is currently in most commercial areas in Bozeman and should
include multi-story buildings. Residences on upper floors, in appropriate circumstances, are
encouraged. The urban character expected in this designation includes urban streetscapes,
plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density
residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of intersections
of the 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
23
Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 15 of 17
and should not be overly dominated by any single use. Higher intensity uses are encouraged in
the core of the area or adjacent to significant streets and intersections. Building height or other
methods of transition may be required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area of
approximately one half-mile to one mile radius as well as passersby. These smaller centers
support and help give identity to neighborhoods by providing a visible and distinct focal point
as well as employment and services. Densities of nearby homes needed to support this scale
are an average of 14 to 22 dwellings per net acre.
Proposed Zoning Designation and Land Uses:
The applicant has requested a zone map amendment to B-2M (Community Business Mixed-
Use).
The B2-M district is intended to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the City. It provides for a range of commercial
uses serving the immediate area and broader trade area and encourages the integration of multi-
household residential as a secondary use. Design standards emphasizing pedestrian oriented
design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial nodes, and/or areas served by transit.
The following figure from the Bozeman Community Plan 2020, with red boxes indicating the
applicability of this proposed ZMA, illustrates how the proposed B-2M district correlates with
its Community Commercial Mixed Use designation of the Future Land Use Map:
24
Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 16 of 17
25
Staff Report for the Baxter Creek Zone Map Amendment 20-387 Page 17 of 17
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Baxter Creek, LLC, Ryan Kulesza, Member
PO Box 161236
Big Sky, MT 59716
Applicant: Outlaw Real Estate Partners, Ryan Kulesza, Member
PO Box 161236
Big Sky, MT 59716
Representative: Nicole Olmstead, Cushing Terrell
411 E Main Street #101
Bozeman, MT 59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development Department
at 20 E. Olive Street, Bozeman, MT 59715.
26
PROJECT INFORMATION
Project Name:
Project Type(s):
Street Address:
Legal Description:
Description of Project:
Current Zoning:
Gross Lot Area:
Block Frontage(s):
Number of Buildings:
Type and Number of Dwellings:
Building Size(s):
Building Height(s):
Number of Parking Spaces:
Affordable Housing (Y/N):
Cash-in-lieu Parkland (Y/N):
Departure/Deviation Request (Y/N):
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
Community Development
Development Review Application Page 1 of 3 Revision Date: June 2020
SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban Renewal District: Downtown North 7th Avenue Northeast North Park None
VICINITY MAP
Baxter Creek ZMA
Zone Map Amendment
TBD
S09, T02 S, R05 E, W2SE4SE4 LESS HWRW PT of COS 1005
B-2
18.24 acres
NA
0
NA
NA
NA
NA
NA
NA
NA
Change the zoning for the property from B-2 to B-2M
S09, T02 S, R05 E, W2SE4SE4 LESS HWRW PT of COS 1005
27
28
29
30
31
12,$5,2, 8212’545> 14 214+
A
&
&
&
<
!
0 &
&
%
$
0*&&
37
38
SEW
SEW
BAXTER CREEK
COMMERCIAL
INFRASTRUCTURE IMPROVEMENTS
GALLATIN COUNTY, MT
OUTLAW PARTNERS
BIG SKY, MONTANA
10/07/2020
203430
HE C
Oct 21, 2020 - 3:41pm
CAD FILE: M:\203430\Drawings\ZMA MAP.dwg
REVISIONS
DATE
PROJECT NUMBER
HYALITE Engineers, PLLC
2304 N 7th Ave. Ste. L
Bozeman, MT 59715
Tel: (406) 587.2781
w w w . hyaliteeng. com
Fax: (406) 522.9225
2016
PRELIMINARY DRAWING SET - 22x34 originals
SCALE
SHEET TITLE
DESIGN BY
0' 100' 200' 300'
1 OF
1
1" = 100'
XXXX
XXX
17.57 ACRES IN SE1
4 OF SE
1
4 OF
SECTION 9,TOWNSHIP 2 SOUTH,
RANGE 5 EAST, BOZEMAN, MONTANA
BAXTER CREEK
LEGEND
WETLAND BOUNDARY
PROPOSED B-2M
EXISTING B-2
EXISTING R-0
EXISTING BP
EXISTING R-3
EXISTING R-4
EXISTING WATER
EXISTING SANITARY SEWER
EXISTING STORM
PROPERTY BOUNDARY
SEW
PROPOSED B-2M ZONING
765,377 SQ FT
(17.57 ACRES)
EXISTING B-2 ZONING
HUFFINE LANE
(VARIABLE RIGHT OF WAY)
SOUTH COTTONWOOD ROAD
N1
NOTICING CHECKLIST
NOTICING PROCEDURE
Notice is required for certain projects in order for citizens to participate in decision making which affects their interests and
provides opportunity to receive information pertinent to an application that would not otherwise be available to the decision
maker. The applicant is responsible for posting the project site and mailing a notice per the requirements of the Bozeman
Municipal Code (BMC). Public noticing for comment periods or hearings and associated application information, timing, type, and
location is required by law per Section 38.220, BMC. See form N2 Noticing Instructions and Declaration Form on how to notice
your project, send mailings, and post on the project site.
NOTICING CHECKLIST (NON-CERTIFIED MAILINGS)
The following is required materials for applications that do not require certified mail - Site Plan, Master Site Plan, Conditional
Use Permit, Special Use Permit, Variance, Deviation, First Minor Subdivision, Planned Unit Development, Appeals, Zone Map
Amendment, Growth Policy Amendment, Annexation.
1. Completed and signed property adjoiners certificate form N1.
2. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this
checklist.
Community Development
Noticing Checklist Page 1 of 1 Revision Date: August 2020
NOTICING CHECKLIST (CERTIFIED MAILINGS)
The following is required materials for applications that do require certified mail - Major and Subsequent Minor Subdivisions.
1. Completed and signed property adjoiners certificate form N1.
2. Legible list of full names and addresses of all property owners within 200 feet of the project site and not physically
contiguous (touching a boundary) to the subdivision, attached to this checklist. Clearly label list ADJOINER NOT
CONTIGUOUS.
3. Legible list of full names and addresses of all property owners physically contiguous (touching a boundary) including
recorded purchasers under contract for deed to be sent certified mail attached to this checklist. Clearly label list
ADJOINER CONTIGUOUS.
PROPERTY OWNER RECORDS
Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County
Courthouse at 311 West Main Street Bozeman, Montana.
CERTIFICATION AND SIGNATURES
I, _____________________________________________, hereby certify that, to the best of my knowledge, the attached name
and address list of all adjoining property owners (including all condominium owners), within 200 feet of the property located at
____________________________________________________, is a true and accurate list from the last declared Gallatin County
tax records. I further understand that an inaccurate list may delay review of the project.
_______________________________________ __________________
Signature Date
CONTACT US
Alfred M. Stiff Professional Building
20 East Olive Street
Bozeman, MT 59715
phone 406-582-2260
fax 406-582-2263
planning@bozeman.net
www.bozeman.net/planning
Nicole Olmstead
TBD Huffine Lane, Bozeman MT
Nicole Olmstead 10/23/2020
40
Property Address Legal Description of Property Property Owner Name
Mailing address of Property owner according to MT
Dept. of Revenue
1
STORM WATER COMMON
OPEN SPACE A
J C BILLION AUTO PLAZA SUB,
S09, T02 S, R05 E, ACRES 2.235,
COMMON AREA BLK 1 LOT 4
LESS R/W; BLK 2 LOT 4A JC BILLION AUTO PLAZA SUB
JC BILLION AUTO PLAZA SUB
General Delivery
Bozeman, MT 59715
2
200 COMPETITION DR
Bozeman MT 59718
J C BILLION AUTO PLAZA SUB,
S09, T02 S, R05 E, BLOCK 1, Lot
2A, ACRES 2.74, PLAT J-180-E BILLION FAMILY LIMITED PARTNERSHIP
270 Automotive Ave
Bozeman, MT 59718
3
171 COMPETITION DR
Bozeman, MT 59718
J C BILLION AUTO PLAZA SUB,
S09, T02 S, R05 E, BLOCK 3, Lot
1A, ACRES 1.42, PLAT J-180-C J & D FAMILY LIMITED PARTNERSHIP
270 Automotive Ave
Bozeman, MT 59718
4
1 AUTO PLAZA DR
Bozeman MT 59718
C BILLION AUTO PLAZA SUB,
S09, T02 S, R05 E, BLOCK 1, Lot
1, ACRES 4.859, PLAT J-180 PLUS
COMMON AREA & OPEN SPACE
STP LLC & 86.4865% INT
PJB LLC
Peder J Billon 13.5135% INT
270 Automotive Ave
Bozeman, MT 59718
5
380 AUTOMOTIVE AVE
Bozeman MT 59718
J & D FAMILY MAJOR SUB PH 1,
S09, T02 S, R05 E, BLOCK 2, Lot
1, ACRES 4.87, PLAT J-502 J & D FAMILY LIMITED PARTNERSHIP
270 Automotive Ave
Bozeman, MT 59718
6 Automotive Ave
J & D FAMILY MAJOR SUB PH 1,
S09, T02 S, R05 E, ACRES 2.96,
COMMON OPEN SPACE A & B,
PLAT J-502 J & D FAMILY LIMITED PARTNERSHIP
270 Automotive Ave
Bozeman, MT 59718
7
100 Automotive Ave
Bozeman MT 59718
J & D FAMILY MAJOR SUB PH 2,
Memorandum
REPORT TO: Zoning Commission
FROM: Tom Rogers, Senior Planner
SUBJECT: The Nexus Point 2021 Zone Map Amendment Application to Change
Approximately 6.99 acres from R-O (Residential Office) to R-5 (Residential
Mixed-Use High Density), Application 20-389.
MEETING DATE: January 25, 2021
AGENDA ITEM TYPE: Community Development - Legislative
RECOMMENDATION: Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20-389 and move to recommend
approval of the Nexus Point 2021 Zone Map Amendment, with contingencies
required to complete the application processing.
STRATEGIC PLAN: 4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND: An application to rezone a portion of an existing lot from R-O (Residential
Office) to R-5 (Residential Mixed-Use High Density). This property underwent
a rezoning on January 7, 2019 (Application 18449) and rezoned the entire
parcel from B-P (Business Park) to R-O (Residential Office). The property is
subject to an approved Master Site Plan, see application 19-263 for a two
phase residential and office complex. Site Plan review and approval is
required before construction can begin.
UNRESOLVED ISSUES: None
ALTERNATIVES: 1. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS: None identified at this time
Attachments:
Staff report ZC - Nexus Point 2 ZMA No. 20389.pdf
Form A1 - Development Review Application - Signed 11-08-
42
20.pdf
ZMA - Map Requirement Checklist Narrative 11-09-20.pdf
ZMA Application Cover Letter 11-09-20.pdf
ZMA Exhibit - R5 Exhibit-R5 ZMA 11-09-20.pdf
Nexus Point ZMA graphic.pdf
Report compiled on: January 21, 2021
43
Page 1 of 28
20-389 Staff Report for the Nexus Point 2021 Zone Map Amendment
Public Hearing:
The Zoning Commission public hearing will be held on January 25, 2021
The City Commission public hearing will be held on February 23, 2021
Project Description: Amendment to the City Zoning Map on approximately 6.99 acres
from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density).
Project Location: A portion of a field west of South 19
th
Avenue and south of Grace Bible
Church. Legally described as a portion of Lot 1 of Minor Subdivision 235, situated in
the in the Northeast One-Quarter (NE ¼) of Section 23, Township Two South (T2S),
Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20-389 and
move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with
contingencies required to complete the application processing.
Report Date: January 13, 2021
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
An application to rezone a portion of an existing lot from R-O (Residential Office) to R-5
(Residential Mixed-Use High Density). This property underwent a rezoning on January 7,
2019 (Application 18449) and rezoned the entire parcel from B-P (Business Park) to R-O
(Residential Office).
44
20389 Nexus Point 2021 Zone Map Amendment Page 2 of 28
The property is subject to an approved Master Site Plan, see application 19-263 for a two
phase residential and office complex. Site Plan review and approval is required before
construction can begin.
The previous rezoning public hearing can be reviewed here: January 7, 2019 Commission
Hearing for reference.
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use (FLU)
designation from Business Park Mixed-Use to Urban Neighborhood. The Business Park FLU
designation was removed with the new Community Plan. The existence of a non-
implementing zoning district does not necessitate an immediate zone change but is
encouraged. Any proposed changes in zoning must be an implementing district for the FLU
designation. The R-5 District is an implementing district for the Urban Neighborhood FLU
designation, see Appendix C of this report.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Transportation Master Plan 2017 – City transportation plan
Greater Bozeman Area Transportation Master Plan 2007 – Gallatin County
Transportation Plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion.
Alternatives
1. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
45
20389 Nexus Point 2021 Zone Map Amendment Page 3 of 28
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 20
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 20
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 21
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 21
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 28
FISCAL EFFECTS ................................................................................................................. 28
ATTACHMENTS ................................................................................................................... 28
46
20389 Nexus Point 2021 Zone Map Amendment Page 4 of 28
SECTION 1 - MAP SERIES
Map 1: Vicinity Map of the project site in the City of Bozeman
LEGEND:
Subject Area
47
20389 Nexus Point 2021 Zone Map Amendment Page 5 of 28
Map 2 Bozeman Community Plan 2020 Future Land Use Map
Urban Neighborhood
Urban Neighborhood
Community
Commercial
Mixed Use
Residential
Mixed Use
Parks and Open Lands
48
20389 Nexus Point 2021 Zone Map Amendment Page 6 of 28
Map 3: Existing Zoning
Not Annexed – County AS
County
AS
County
RO
N-S
County
AS
49
20389 Nexus Point 2021 Zone Map Amendment Page 7 of 28
Map 4: Proposed Zoning
Not Annexed – County AS
County
AS
N-S
County
RO
50
Page 8 of 28
Map 5: Proposed Zoning Map
51
Page 9 of 28
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-5 shall be identified as the “NEXUS Point 2021 Zone Map
Amendment”.
2. The applicant must submit a zone amendment map, titled “Nexus Point 2021 Zone Map
Amendment”, on a 24” by 36” Mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which
will be utilized in the preparation of the Ordinance to officially amend the City of
Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent rights-of-way, and total acreage
of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
4. All required materials shall be provided to the Department of Community Development
within 60 days of a favorable action of the City Commission or any approval shall be null
and void.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted of the Norton Ranch Zone Map Amendment (ZMA).
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application at this time.
The Zoning Commission will hold a public hearing on this ZMA on January 25, 2021 and
will forward a recommendation to the City Commission on the Zone Map amendment. The
meeting will be held electronically via WebEx. Instructions for joining the meeting will be
included on the meeting agenda. The meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on February
23, 2021. The meeting will be held electronically via WebEx. Instructions for joining the
meeting will be included on the meeting agenda. The meeting will begin at 6 p.m.
52
20389 Nexus Point 2021 Zone Map Amendment Page 10 of 28
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The future land use designation for was modified with the recent adoption of the
Bozeman Community Plan 2020 on November 17, 2020, Bozeman Community Plan 2020,
(BCP 2020). The Future Land Use Map in the Bozeman Community Plan 2020 shows the
subject property as Urban Neighborhood. This designation correlates with several zoning
districts including R-5 as proposed by the applicant.
The applicant’s narrative states that the proposed zoning is in accordance with the Growth
Policy because, “The proposed zoning is R-5 – Residential Mixed-Use High Density and the
property is designated as residential in the growth policy.”
Staff concurs with this statement and provides additional analysis.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
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“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the urban expansion area in the City’s adopted land use
plan. As shown on the maps in Section 1, with the exception of the current future land use
map, the property is designated as Urban Neighborhood. The adjacent unannexed property to
the north is designated Community Commercial Mixed Use. The Urban Neighborhood
designation description reads:
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of 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. The
Urban Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted to,
proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood
category.
The future land use map excerpt included in Section 1 shows locations for commercial and
residential in the immediate vicinity. Additional commercial, mixed use, educational, and
residential designations are further to the east and north across North 19
th
. The zoning map
amendment is in accordance with the future land use map.
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Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most
of the goals and policies are not applicable to this application. Relevant goals and objectives
have been identified by staff. Conflict with the text of the growth policy hasn’t been
identified.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development, in particular within already
developed areas. It is inconsistent with this approach to zone for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify
any individual district but does lean towards the more intensive portion of the zoning district
spectrum.
The proposed zoning would provide for a wider variety of housing types and land uses than
the current zoning including higher density, urban-scale development with a diverse mixture
of possible uses. The R-5 district can help to absorb a portion of the growth that is projected
for the City and allows limited commercial activity to support that residential activity.
“Goal N-3: Promote a diverse supply of quality housing units.”
The R-5 district allows construction of the full range of residential buildings in the City. This
supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this
time but will be reviewed with subsequent development review for compliance with adopted
standards. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
“Goal DCD-1: Support urban development within the City.”
The proposed zoning is the City’s most intense residential zoning district. Minimum densities
are higher and parking requirements are less. Any future development will be required to
occur at urban densities and will be within the City.
“DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
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Significant existing and planned transportation systems are in the vicinity of the property
including Graf Street, Stucky Road, North 19
th
Avenue, and Kagy Boulevard, all are
designated Collectors or Arterial streets according to the current Transportation Master Plan
adopted in 2017. Future connections include the extension of Stucky Road to the east,
completion of Arnold Street, and associated pedestrian and bicycle facilities. Subsequent
development applications require analysis of needed transportation facilities and may require
offsite improvements to accommodate any additional density allowed by the R-5 district.
However, limited access to job centers, commercial activity, and educational facilities are
available without vehicular travel.
The closest goods and service are approximately 1.5 miles to the north and east and across
North 19
th
. This equates to an approximately 25 minute walk to Storm Castle Café, for
example. Further, the Walk Score®, one of ten indicators in the Community Plan to measure
the Plan’s success, for this area is 15, dismally low and according to Walk Score, “almost all
errands require a car.” Adding the additional opportunities for limited commercial in the R-5
district makes possible, but does not guarantee, creation of additional services that could
improve the Walk Score®.
The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what
justifications support a change in zoning. This application addresses two of those
justifications. First, a change in correlation between zoning and growth policy, and second,
the owner requests the change and can meet required standards. This report determines the
required standards can be met. No conflicts with the growth policy have been identified.
Considering this analysis as a whole, staff finds this criterion is met and the application is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Yes. The subject property is currently served by City of Bozeman Fire and Police
Departments. The property is vacant. Future development of the property will be required to
conform to all City of Bozeman public safety, building and land use requirements, which will
ensure this criterion is met. The change from R-O to R-5 is not likely to adversely impact
safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Yes. Potential future development of the site will require compliance with the City’s Unified
Development Code which ensures the promotion of public health, safety, and general
welfare. The proposed amendment will not put undue burden on municipal services,
emergency response capability, or similar existing requirements.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer, parks,
and other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction.
The proposed amendment will enable more intensive development than the zoning that exists
now. The new zoning also provides for a range of uses and possible intensity of
development. It is difficult to state definitively what level of services are required by the
zoning. As stated in 38.300.020.C, the designation of a zoning district does not guarantee
approval of new development until the City verifies the availability of needed infrastructure.
All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future
subdivision or site plan review the need for individual services can be more precisely
determined. No subdivision or site plan is approved without demonstration of adequate
capacity and conformance with adopted standards.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
E. Reasonable provision of adequate light and air.
Yes. Ensuring public health and safety is integral for the City’s adopted regulations. As with
all zoning districts, the R-5 district includes setbacks from property lines adequate to meet
this standard. The form and intensity standards, Division 38.320, require minimum
separation from property lines, limits building heights, limits lot coverage with buildings, and
maximum volume of buildings on a site. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
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F. The effect on motorized and non-motorized transportation systems.
Neutral. The requested change in zoning from R-O to R-5 will not itself impact the
motorized and non-motorized transportation system. The future land uses and intensity of
development are not yet known. The R-O district already allows the same range of residential
uses as R-5. However, the mix of residential and commercial uses allowed under the
proposed zoning could have the effect of providing goods, services, and employment
opportunities in close proximity to existing and future residences, thereby reducing the
number of trips or distance traveled per trip into other areas of the City to meet the residents’
needs. In any case, development of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks. Adopted standards include provisions for pedestrians, bicycles,
and motor vehicles.
G. Promotion of compatible urban growth.
Yes. The future land use map designates the property Urban Neighborhood. The Urban
Neighborhood designation correlates with several zoning districts including R-5 zoning, as
proposed by the applicant. Based on the land use map designations and correlated zoning
districts in the plan and proposed by the applicant, the zone map amendment would promote
compatible urban growth.
Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.700.040 BMC to
establish a common reference for consideration of this criterion and application of
development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or
monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not limited
to, noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
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“Compatible development does not require uniformity or monotony of architectural or site
design, density or use.” Compatible development can be different than what is already in
place. The City has adopted a variety of standards to implement compatibility.
The proposed R-5 district is a predominantly residential district. The allowed uses for
residential districts are set in 38.310.030. A review of Table 38.310.030.A - Permitted
general and group residential uses in residential zoning districts reveals one difference. The
primary use in an R-O district is dependent on the FLU designation. In this case it is Urban
Residential, therefore, the primary use must be residential. A review of Table 38.310.030.B –
Permitted accessory and non-residential uses in residential zoning districts shows the R-5
district is more permissive for commercial activity although those differences are restricted in
size and configuration to retain compatibility with the primarily residential uses in the zoning
district. Some elements of the R-5 are more restrictive to non-residential uses than R-O.
The form and intensity standards for residential districts are in 38.320.030. Comparing R-O
and R-5 reveals more differences than in permitted uses. The R-5 district allows more
intensive development. The more intensive development elements allowed in the R-5 district
are subject to additional development standards established in Article 38.5, Project Design,
of the municipal code. These standards address both site and building design to enable
differing uses and scales of development to be meet the definition of compatible in the
municipal code and presented above.
“Sec. 38.500.010. - Purpose.
This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the
livability of Bozeman's residential developments;
F. Maintains and enhances property values within Bozeman.”
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“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
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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.
The City creates standards under items 1 through 3; 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. … 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.”
Staff concludes that although the R-5 is different than the surrounding zoning to some degree
it is compatible and is urban growth as called for in the growth policy. See also discussion for
Criteria A & H.
H. Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal seeks to amend the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of
a zoning district. Application of any municipal zoning district to the subject property will
alter the existing character of the subject property which is an open field. It is not expected
that zoning freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design,
density or use.”
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The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development to be
compatible with adjacent development and uphold the residential character of the area.
I. Peculiar suitability for particular uses.
Yes. The proposed zoning changes bumps density and intensity opportunities for the area
being rezoned. The recently adopted Bozeman Community Plan which changed the
underlying growth policy designation from Business Park to Urban Residential indicates the
City desires considerably more residential development in this area of the City.
To the north of the property is an existing office park and church. The properties to the east
and south are currently zoned R-4 (High Density Residential) and are partially development
for residential use. The subject property has an approved Master Site Plan approval that
includes the area proposed to be rezoned which is designed to be suitable for the proposed
residential uses. In addition, there is an approved site plan, Enterprise Apartments (18-567),
for the property directly adjacent to and to the west of this property proposing additional
residential development. The area as a whole will accommodate considerable housing.
The district is appropriately located near Collector and Arterial corridors such as Graf Street,
North 19
th
, and Stucky Road. Additionally, the property is suitable for urban development
without constraints related to floodplains, human-wildlife conflict, steep slopes or other
hazards.
J. Conserving the value of buildings.
Neutral. The property is currently vacant although the surrounding area hosts many
residential and commercial buildings and, if approved and is constructed, will included many
more residential buildings. R-5 zoning will allow for new and diverse development patterns
on the subject parcel that compliment development on adjacent sites. Future development
must comply with the Bozeman Unified Development Code which will ensure an appropriate
scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated
to negatively impact nearby building values as the development pattern will be appropriate to
the surrounding character of the district.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As stated above, the Bozeman Community Plan illustrates the most appropriate use of
the land. In this case, urban-scale residential and mixed-use development has been identified
by the community as the most appropriate types of development for the property. The
Unified Development Code contains standards, protections and review processes to ensure
the land is developed in ways that protect and promote public health, safety, and general
welfare.
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Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of
County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have
uses that are different. To be a Yes, the reviewer must demonstrate a ‘significant
difference.’
The differences between R-O, R-4, R-3 and R-5 are small and not significant.
Although intensity may be significantly different the permitted use are not. Please
refer to Appendix C below for a complete list of permitted and not permitted uses. As
a result, the proposed R-5 zoning designation would not result in primary uses of the
site which are significantly different from prevailing land uses in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner. However, the R-5
zoning designation is an implementing district to the Urban Residential land use
designation and may be utilized by any other property owners who wish to employ
the R-5 district to their respective property. Although only a portion of the parent
parcel is proposed to be rezoned, the area includes 6.99 acres which is a sufficient to
accommodate a variety of buildings and activities for numerous possible individuals.
3. Would the change be in the nature of “special legislation” designed to benefit only one
or a few landowners at the expense of the surrounding landowners or the general
public?
No. No substantial negative impacts to the surrounding landowners or the general
public have been identified due to this amendment. While the number of landowners
who will directly benefit from the proposed zone map amendment is small (one), the
proposed amendment is not at the expense of surrounding landowners or the general
public. As discussed above in the various review criteria, no substantial negative
impacts have been identified due to this amendment. The proposed R-5 zoning
designation will allow for a variety of uses conducive to the Urban Residential land
use designation.
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Nexus Point, LLC, owner and applicant, seeks to amend the zoning map for approximately
6.99 acres on a portion of an existing lot from R-O (Residential Office) to R-5 (Residential
Mixed-Use High Density). This property underwent a rezoning on January 7, 2019
(Application 18449) and rezoned the entire parcel from B-P (Business Park) to R-O
(Residential Office). The agenda from January 7, 2019 Commission Hearing can be viewed
here for reference and the previous rezoning public hearing can be reviewed here: January 7,
2019 Commission Hearing for reference.
The property is subject to an approved Master Site Plan, see application 19-263 for a two
phase residential and office complex. Site Plan review and approval is required before
construction can begin.
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use
designation from Business Park Mixed-Use to Urban Neighborhood. The proposed zoning is
in accordance with the Community Plan designations. Urban utilities and services are
available.
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The property is a generally flat farm field that appears unconstrained by natural or human
caused hazards. There are no structure on the property.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on January 10, 2021 and January 24, 2021. Notice was sent via first class mail to adjacent
landowners and posted on the property on January 8, 2021.
No public comments have been received to date.
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property has a future land use designation of: Urban Neighborhood.
The Urban Neighborhood category primarily includes urban density homes in a variety of
types, shapes, sizes, and intensities. Large areas of any single type of 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. The Urban Neighborhood designation indicates that development is expected to
occur within municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher
density residential areas are encouraged to be, but are not required or restricted to, proximity
to commercial mixed use areas to facilitate the provision of services and employment
opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested three zoning districts: R-5 (Residential Mixed-Use High
Density).
The R-5 district provides for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in compact, walkable
areas to serve the needs of the community’s residents. Single and multi-household dwellings
are allowed, along with offices and small-scale retail and restaurants as secondary uses. This
district is appropriate for areas adjacent to mixed-use districts and/or served by transit.
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Sec. 38.310.030. - Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O
1
RMH
General residential
Accessory dwelling units* -
attached (38.360.040)
P P P P P P P —
Accessory dwelling units* -
detached (38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Cottage housing (38.360.110)* P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.160)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household dwelling
(38.360.210)
P P P P P P P P
Two-household dwelling
(38.360.210)
— — P P P P P —
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Three household dwelling or
four-household dwelling
(38.360.210)
— — — P P P P —
Townhouses* & rowhouses*
(two attached
units)(38.360.240)
P
2
P2 P P P P P
P
3
Townhouses* & rowhouses*
(five attached units or less)
(38.360.240)
— — —
P
3
P P P —
Townhouses* & rowhouses*
(more than five attached units)
(38.360.240)
— — — — P P P —
Group residential
Community residential
facilities* with eight or fewer
residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living (38.360.150)* P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and emergency
housing (38.360.135)* and
related services
S S S S S S S S
Notes:
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1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of division 38.380, Affordable Housing. May only be utilized in
developments subject to division 38.380 of this article.
3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O
1
RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.140)
*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings
and structures
typically
accessory to
authorized uses
A A A A A A A A
68
20389 Nexus Point 2021 Zone Map Amendment Page 26 of 28
Private or jointly
owned
recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary
buildings and
yards incidental
to construction
work
A A A A A A A A
Temporary sales
and office
buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or
more
(38.360.260)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres
(38.360.260)
C — — — — — — —
Bed and
breakfast*
C C C C P P P —
Commercial
stable
(38.360.220)
C — — — — — — —
Community
centers*
C C C C C C P C
Day care centers* S S S P P P P S
69
20389 Nexus Point 2021 Zone Map Amendment Page 27 of 28
Essential services
Type II*
P P P P P P P P
Essential services
Type III*
2
C C C C C C C C
Short Term
Rental (Type 1)*
P P P P P P P —
Short Term
Rental (Type 2)*
— — P P P P P —
Short Term
Rental (Type 3)*
— — — — — — — —
Golf courses C C — — — — — —
General service
establishment*
— — — — — — P
5
—
Offices* — — — — S
3
S
3
P —
Public and private
parks
P P P P P P P P
Medical offices,
clinics, and
centers*
— — — — C C
3
P —
Recreational
vehicle parks
(38.360.200)*
C — — — — — — P
Restaurant* — — — — — P
4
P
5,
6
—
Retail* — — — — — P
4
P
5,
6
—
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
70
20389 Nexus Point 2021 Zone Map Amendment Page 28 of 28
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street
corner sites within a mixed-use building featuring residential units next to and/or above
subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Applicant/ Owner: Nexus Point, LLC, 3661 Jagar Lane, Bozeman, MT 59718
Representative: Madison Engineering, LLC, 895 Technology Blvd., Suite 203, Bozeman,
MT 59718
Report By: Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
71
72
73
74
75
76
Lot 5 Minor Sub 235 - Zone Map Amendment Map Requirements Narrative
Page 1 of 2
NEXUS POINT
LOT 1 MINOR SUBDIVISION 235
ZONE MAP AMENDMENT
MAP REQUIREMENT CHECKLIST NARRATIVE
1. Include an exhibit of the property to be modified. Provide existing zoning designation
and the proposed zoning designation clearly labeled. The exhibit should include the legal
limits of the property and size in square feet and acreage. If adjacent to a right-of-way,
the zoning should extend to the centerline of the right of way.
Response: Included in this application is an exhibit showing both existing and proposed
zoning designation and is clearly labeled. The exhibit includes the legal limits of the
proposed zoning and size in square feet and acreage. The proposed zoning extends
to the centerline of the right of way.
2. Scale not greater than 1 inch to 20 feet nor less than 1 inch to 100 feet.
Response: The scale of the exhibit is 1” = 80’.
3. Scale, north arrow and date of preparation.
Response: Scale bar, north arrow and preparation date are all included on the exhibit.
4. Subject property well defined.
Response: The subject property and proposed zoning area is well defined.
5. Existing zoning of the surrounding property.
Response: The existing zoning of the surrounding properties are shown on the exhibit.
6. Boundaries of proposed zoning (if more than one designation being requested) well
defined.
Response: The boundary of the proposed zoning is clearly shown and well defined.
7. Proximity of all existing and proposed water and sewer mains and extension.
Response: Existing and proposed water and sewer mains are shown on the exhibit.
8. Location of all existing structures on the subject property.
Response: There are no existing structures on the property.
9. Adjacent streets and street right-of-ways.
77
Lot 5 Minor Sub 235 - Zone Map Amendment Map Requirements Narrative
Page 2 of 2
Response: Adjacent streets and street right-of-way and easements are shown on the
exhibit.
10. Water bodies and wetlands.
Response: Adjacent streams are shown on the exhibit.
END OF NARRATIVE
78
79
80
Enterprise
60 units
54 units
60 units
Talbach
66 units
Graf Street Apts
400+ units
1,000 foot radius
57 units
Nexus Point
120 units under contruction
120 Ph2 units currently planned
10-20 additional Ph2 units if re-zoned R5
between 4% and 8% more units
Over 1,000 units within a 1,000 foot radius
of Lantern St and 21st Ave intersection
with no place to buy a cup of coffee or a sandwich
Cafe/Deli
9,000 sf (0.21 ac)
Pocket Park
area is 26% of
Lantern Park North
3x more than % the increase in # of units
1.26 ac Lantern Park North
81
S09, T02 S, R05 E, Lot R-2, ACRES
14.02, PLAT J-610 J & D FAMILY LIMITED PARTNERSHIP
270 Automotive Ave
Bozeman, MT 59718
8
350 Water Lily Drive
Bozeman MT 59715
NORTON EAST RANCH SUB
PHASE 1, S09, T02 S, R05 E,
BLOCK 3, Lot 1, ACRES 1.141,
PLAT J-503 350 WATER LILY LLC
837 Henley Place
Charlotte, NC 28207-1615
9
8553 Huffine Lane
Bozeman, MT 59715
S09, T02 S, R05 E, ACRES 75.68,
SE4NW4, SW4NE4, NE4SW4,
SE4SW4, NW4SE4, SW4SE4 &
41'X 1320' WS OF SE4SE4 LESS
HWRW & LESS PLAT 503 & 509
& 519 & 564 NORTON PROPERTIES LLC
63026 NE LOWER MEADOW DR #200
Bend OR 97701-5877
10
8552 HUFFINE LN
Bozeman MT 59715
S16, T02 S, R05 E, C.O.S. 1456,
PARCEL 1, ACRES 10 VISSER ENTERPRISES LLC
80 Dana Lane
Belgrade MT 59714
11
Golden Gate Condo
Lot 11, Block 1 Phase 1A Loyal
Garden Subdivision Golden Gate Properties LLC
Jesse Chase, Registered Agent
2246 Boothill Court, STE 1
Bozeman MT 59715
12
Golden Gate Condo Unit 1
Lot 11, Block 1 Phase 1A Loyal
Garden Subdivision
Golden Gate Properties, LLC
Seven Ox Seven LLC
Jesse Chase, Registered Agent
2246 Boothill Court, STE 1
Bozeman MT 59715
Leslie Barry, Registered Agent
2246 Boothill Court, STE 1
Bozeman MT 59715
13
Golden Gate Condo Unit 2
Lot 11, Block 1 Phase 1A Loyal
Gardens Subdivision Phase 2 LLC
Timothy A. Fallow, Registered Agent
517 S 22nd Avenue STE 2
Bozeman, MT 59715
14
Golden Gate Condo Unit 3
Lot 11, Block 1 Phase 1A Loyal
Gardens Subdivision
Golden Gate Properties, LLC
Seven Ox Seven LLC
Jesse Chase, Registered Agent
2246 Boothill Court, STE 1
Bozeman MT 59715
Leslie Barry, Registered Agent
2246 Boothill Court, STE 1
Bozeman MT 59715
15
Golden Gate Condo Unit 4
Lot 11, Block 1 Phase 1A Loyal
Gardens Subdivision
Golden Gate Properties, LLC
Seven Ox Seven LLC
Jesse Chase, Registered Agent
2246 Boothill Court, STE 1
Bozeman MT 59715
Leslie Barry, Registered Agent
2246 Boothill Court, STE 1
Bozeman MT 59715
16
5031 Winnow Circle
Bozeman MT 59715
LOYAL GARDEN SUB PH 1 A, S16,
T02 S, R05 E, BLOCK 1, Lot 1A,
ACRES 5.024, PLAT J-462B Bozeman Health
915 Highland Blvd
Bozeman, MT 59715
Property Owners
Within 200 feet of Project Site
41
(120' RIGHT OF WAY)
FALLON STREET
(60' RIGHT OF WAY)
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