HomeMy WebLinkAbout03-09-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Video Conference
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Authorize Absence
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Yeykal)
G.2 Formal Cancellation of the March 16, 2021 Regular City Commission Meeting (Maas)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, March 9, 2021
This meeting will be held using Webex, an online videoconferencing system. You can join this meeting:
Via Webex:
https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php?MTID=e4304aaf96cfd8db0986792fe90379493
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream or channel 190
United States Toll
+1-650-479-3208
Access code: 182 773 2101
If you are interested in commenting in writing on items on the agenda please send an email to
agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting
the Commission's comment page.
You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you
please be patient in helping us work through this online meeting.
If you are not able to join the Webex meeting and would like to provide oral comment you may send a
request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and
the City Clerk will call you during the meeting to provide comment.
You may also send the above information via text to 406-224-3967. As always, the meeting will be
streamed through the Commission's video page and available in the City on cable channel 190.
Bozeman City Commission Meeting Agenda, March 9, 2021
1
G.3 Approve a Final Plat for the Cottonwood Major Subdivision and Authorize the Director of
Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of
Community Development to Execute the Improvements Agreements on Behalf of the City of
Bozeman, Application 20186(Krueger)
G.4 Authorize Judge Seel to Sign a Judicial Services Agreement Between Bozeman Municipal
Court and Kathleen Brandis(Westberg)
G.5 Authorize the City Manager to Sign a 2020-2022 Professional Services Agreement with HDR,
Inc. for Wetland Consulting Services(Krueger)
G.6 Ordinance 2057, Final Adoption of Floodplain Regulations Text Amendment, to Update the
City of Bozeman Floodplain Regulations for Consistency with State and Federal Minimum
Requirements and Implement the New Federal Emergency Management Agency Flood
Insurance Study for Bozeman Creek and Tributaries, Application 20136(Saunders)
H.Public Comment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once. Please note, the City Commission cannot take
action on any item which does not appear on the agenda. All persons addressing the City
Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name and address in an audible tone of voice for the record
and limit your comments to three minutes.
I.Action Items
I.1 Resolution 5261, Amending the Fiscal Year 2021 (FY21) Budget for the Community Housing
Fund for the Purpose of Impact Fee Reimbursement for Emergency and Transitional Housing
Projects(Donald)
I.2 Norton Ranch Phase 5 Major Subdivision, Application 21024 (Quasi-judicial)(Rosenberg)
I.3 PDI Investments, LLC Annexation and Zone Map Amendment for the Establishment of a
Zoning Designation of B-2 for a Property Addressed at 2777 North 7th Avenue, Application
20346(Rogers)
J.Appointments
J.1 Appointments to the Planning Board(Maas)
K.FYI / Discussion
L.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
Bozeman City Commission Meeting Agenda, March 9, 2021
2
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
Bozeman City Commission Meeting Agenda, March 9, 2021
3
Memorandum
REPORT TO:City Commission
FROM:Marcy Yeykal, Accounting Technician
Kristin Donald, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission approves payment of the claims.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Section 7-6-4301 MCA states that claims should not be paid by the City until
they have been first presented to the City Commission. Claims presented to
the City Commission have been reviewed by the Finance Department to
ensure that all proper supporting documentation has been submitted, all
required departmental authorized signatures are present indicating that the
goods or services have been received and that the expenditure is within
budget, and that the account coding is correct.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
http://www.bozeman.net/government/finance/purchasing Individual claims
in excess of $100,000: to be announced in weekly e-mail from Accounts
Payable Clerks Marcy Yeykal and Levi Stewart.
Report compiled on: December 30, 2020
4
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Formal Cancellation of the March 16, 2021 Regular City Commission Meeting
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Approve cancelling the regular City Commission meeting on March 16, 2021.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Mayor has decided not to meet on March 16, 2021. Per Bozeman
Municipal Code Sec. 2.02.070.A.4, the Mayor or majority of the Commission
may cancel a regular meeting if not business is scheduled for that meeting.
This item formalizes this decision to cancel the meeting.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:None.
Report compiled on: February 26, 2021
5
Memorandum
REPORT TO:City Commission
FROM:Tim Cooper, Assistant City Attorney
Brian Krueger, Development Review Manager
SUBJECT:Approve a Final Plat for the Cottonwood Major Subdivision and Authorize
the Director of Public Works to Execute the Same on Behalf of the City of
Bozeman; the Director of Community Development to Execute the
Improvements Agreements on Behalf of the City of Bozeman, Application
20186
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Approve a final plat for the Cottonwood Major Subdivision and authorize the
Director of Public Works to execute the same on behalf of the City of
Bozeman; the Director of Community Development to execute the
improvements agreements on behalf of the City of Bozeman.
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:On February 10, 2020, the Bozeman City Commission conducted their review
of the Preliminary Plat application for the Cottonwood Subdivision and
voted unanimously to approve the preliminary plat application.
§76-3-611(1), MCA, provides that the City Commission shall approve the plat
only if:
(a) it conforms to the conditions of approval set forth on the preliminary
plat and to the terms of this chapter and regulations adopted pursuant to
this chapter; and
(b) the county treasurer has certified that all real property taxes and special
assessments assessed and levied on the land to be subdivided have been
paid.
The County Treasurer has certified that all real property taxes and special
assessments assessed and levied on the land to subdivide have been paid.
Attached is a memorandum from Brian Krueger, Development Review
Manager, stating the staff has concluded that all terms and conditions of the
preliminary plat approval have been met.
Improvements Agreements are required for final plat approval of this
subdivision. The improvements agreements guarantee the installation of
sidewalks fronting all lots and City Park and open space landscaping. The
6
sidewalks improvements agreement guarantees the sidewalks will be
installed within thirty-six (36) months of the filing of the final plat. The
landscaping improvements agreement guarantees the park and open space
improvements will be installed within twelve (12) months of the filing of the
final plat. Two guarantees in the amounts of $180.112.50 for sidewalks, and
$715,138.50 for landscaping were received in the form of Letters of Credit.
All other necessary infrastructure improvements are constructed.
The signed findings of fact can be viewed at this link:
http://weblink.bozeman.net/WebLink8/0/doc/210107/Electronic.aspx
UNRESOLVED ISSUES:None.
ALTERNATIVES:None suggested or proposed.
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property.
Attachments:
20186 Cottonwood Subdivision Final Plat Staff
Transmittal.docx
20186 Cottonwood Subdivision Final Plat Sheet 1 of 3.pdf
20186 Cottonwood Subdivision Final Plat Sheet 2 of 3.pdf
20186 Cottonwood Subdivision Final Plat Sheet 3 of 3.pdf
Report compiled on: February 18, 2021
7
MEMORANDUM
----------------------------------------------------------------------------------------------------------
TO:TIM COOPER, ASSISTANT CITY ATTORNEY
MIKE MAAS, CITY CLERK
FROM:BRIAN KRUEGER, DEVELOPMENR REVIEW MANAGER
RE:FINAL PLAT REVIEW FOR THE COTTONWOOD MAJOR SUBDIVISION
FINAL PLAT, PLANNING FILE NO. 20186
DATE:FEBRUARY 18, 2021
----------------------------------------------------------------------------------------------------------
The Cottonwood Project LLC (Applicant), made application to the City of Bozeman
Department of Community Development for Final Plat review and approval for the
Cottonwood Subdivision Final Plat for the subdivision of 28.08 acres into seventeen lots:
eight residential multi-household, four city parkland lots, three pedestrian open space lots,
two stormwater open space lots, and streets and rights of way. Attached is a copy of the
Findings of Fact and Order. The Commission approved the Findings of Fact on March 23,
2020. Major multi-phased subdivision approvals are valid for three years plus extensions.
Two improvements agreements are required for this subdivision for the following
improvements: the installation of sidewalks fronting all lots and running through public
access open spaces and landscaping improvements in open spaces and park improvements
in Mary Alderson Long Park and linear parks within the subdivision.
Based on the summary review provided below, the City Engineering Department and
Department of Community Development have reviewed the application against the
conditions of preliminary plat approval; and as a result, find that the Final Plat application
may be approved by the City Commission.
Three (3) original mylars of the Final Plat, original Platting Certificate, property owner
association documents, improvements agreements and letters of credit, quitclaim deed for
transfer of the open space lots to the POA, warranty deed for transfer of the park to the City
of Bozeman, SID waiver of right to protest, parks maintenance waiver of right to protest, and
a copy of the Findings of Fact and Order are attached for your review.
`The Community Development staff respectfully requests that you prepare City Attorney's
Certificates using the attached original Platting Certificates as updated; approve the
Certificates of Director of Public Works and Certificate of Completion "as to form".The
final City signatures will be obtained once the City Commission has approved the final plats.
A completed application was submitted to the Community Development Department on
February 10, 2021, it was deemed adequate on February 17, 2021. The final plat review
8
Page 2 of 2
must complete review within a 20-day (working days) review period. The review period
begins once the application is complete and adequate for review.
The conditions of preliminary plat approval, which are pertinent to this major subdivision
and how they have been met, are described in the submittal materials.
Note: The Community Development Department and Engineering Department have
also reviewed the final plat application against the preliminary plat cited code
provisions and found compliance with these code requirements. The Engineering
Department has also reviewed and approved the “closure” of the final plat.
The project is scheduled for consideration by the City Commission on March 9, 2021.
Materials for the agenda will be uploaded February 25, 2021. Please let me know if this will
not work.
Attachments:
Three (3) Mylar Final Plats
Original Platting Certificate
Improvements Agreements w/ Attached LOC’s
Warranty Deed Open Space
Warranty Deed Park
Previously recorded SID and Park waivers
Utility easement release and re-conveyance agreement
Findings of Fact
cc:File
9
10
11
12
Memorandum
REPORT TO:City Commission
FROM:Michelle Westberg, Chief Clerk, Bozeman Municipal Court
SUBJECT:Authorize Judge Seel to Sign a Judicial Services Agreement Between
Bozeman Municipal Court and Kathleen Brandis
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize Judge Seel to Sign a Judicial Services Agreement between
Bozeman Municipal Court and Kathleen Brandis
STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained,
qualified and motivated team capable of delivering superior performance.
Be accountable and expect accountability from others. Make demonstrated
use of good judgement a part of the evaluation process for promotions.
BACKGROUND:Judicial Services Agreement between Bozeman Municipal Court and
Kathleen Brandis as substitute judge. Judge Herrington is currently on
military active duty as of October 2020. Judge Brandis has taken over Judge
Herrington's court calendar as a result. Judge Brandis will be paid by City of
Bozeman more than $5000.00.
UNRESOLVED ISSUES:Accept Professional Services Agreement between Bozeman Municipal Court
and Kathleen Brandis.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:None.
Attachments:
KAB contract Final 3 1 21.docx
Report compiled on: February 16, 2021
13
Professional Services Agreement for Interim Municipal Court Judge
Page 1 of 8
JUDICIAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of March, 2021 and is retroactive
to the 6th day of October(“Effective Date”), by and between the BOZEMAN MUNICIPAL COURT
of the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 615 South 16th, Suite 123, Bozeman
MT 59715, hereinafter referred to as “Court,” and, Kathleen Brandis, hereinafter referred to as
“Judge.”The Court and Judge may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: Court agrees to enter this Agreement with Judge and the Judge agrees to
perform, on an interim basis, for Court the services of a municipal court judge pursuant to the laws
of the City of Bozeman and the State of Montana.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expireon the 31st day of December2021, unless earlier terminated in accordance with this Agreement.
3.Scope of Services/Access to City Network and Email: Judge will perform the work
and provide the services of a municipal court judge. During the term of this Agreement, the City and
the Court shall make available to the Judge and the Judge must use a City email account, City
computer equipment, and provide access to the City’s computer network. Judge must comply with all
requirements of the City’s IT Policies. Judge must contact Scott McMahan, City’s Information
Technology Director to set up email and access to the City’s network.
4.Payment: Court agrees to pay Judge the amount specified below. Any alteration or
deviation from the described services that involves additional costs above the Agreement amount will
be performed by Judge after written request by the Court, and will become an additional charge over
and above the amount listed below The Court must agree in writing upon any additional charges.
The Court agrees to the pay the Judge according to the following:
First hour rate = $60.00
14
Professional Services Agreement for Interim Municipal Court Judge
Page 2 of 8
Hourly rate (after 1st hour) = $45.00
No minimum number of hours per week.
Suggested Maximum of 80 hours per month.
Judge to submit hours worked weekly billable in increments of 15 minutes. [First hour is paid at
$60 (from 0-60 minutes)]
5. Judge’s Representations: To induce Court to enter into this Agreement, Judge makes
the following representations:
a.Judge has familiarized itself with the nature and extent of this Agreement, with the
legal qualifications for holding the office of judge of the Court, and with all local conditions and
federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost,
progress or performance of this Agreement.
b.Judge represents and warrants to Court that it has the experience and ability to perform
the services required by this Agreement; that it will perform the services in a professional, competent
and timely manner and with diligence and skill; that it has the power to enter into and perform this
Agreement and grant the rights granted in it; and that its performance of this Agreement shall not
infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy,
publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and
municipal laws.
6.Independent Contractor Status/Labor Relations: The parties agree that while the
Judge has been duly appointed as a municipal court judge and is therefore considered an official of
the City, Judge is an independent contractor for purposes of this Agreement and the services
hereunder and is not to be considered an employee of the Court for any purpose. Judge is not subject
to the terms and provisions of the City’s personnel policies handbook and may not be considered a
City employee for workers’ compensation or any other purpose. Other than for the judicial services
rendered, Judge is not authorized to represent the Court or the City or otherwise bind the Court or the
City in any dealings between Judge and any third parties.
Judge shall comply with the applicable requirements of the Workers’ Compensation Act, Title
39, Chapter 71, MCA. Judge shall maintain workers’ compensation coverage for itself during the
term of this Agreement.
Judge shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
15
Professional Services Agreement for Interim Municipal Court Judge
Page 3 of 8
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7.Indemnity/Waiver of Claims/Insurance: Having been duly appointed by the Chief
Municipal Court Judge to the position of municipal court judge on an interim basis, the City will
provide risk coverage for the Judge for the Judge’s services under this Agreement through the
Montana Municipal Interlocal Authority’s Memorandum of Liability Coverage, Section 5.2.1,subject
to all applicable limitations and exclusions.
As an independent contractor, as described in Section 6, above, Judge agrees Judge will not
be provided workers’ compensation coverage by the City. As such, Judge must provide the Court
with evidence of compliance with the Montana Workers’ Compensation Act.
Judge waives any and all claims and recourse against the Court and the City, including the
right of contribution for loss or damage to person or property arising from, growing out of, or in any
way connected with or incident to the performance of this Agreement except “responsibility for [the
City’s or Court’s] own fraud, for willful injury to the person or property of another, or for violation
of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
8.Termination for Contractor’s Fault:
a.If Judge refuses or fails to timely do the work, or any part thereof, or fails to perform
any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this
Agreement, the Court may, by written notice, terminate this Agreement and the Judge’s right to
proceed with all or any part of the work (“Termination Notice Due to Judge’s Fault”). The Court
may then take over the work and complete it, either with its own resources or by appointing another
person to perform the services of a municipal court judge.
b.In the event of a termination pursuant to this Section 8, Judge shall be entitled to
payment only for those services Judge actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the Court or the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Judge shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
16
Professional Services Agreement for Interim Municipal Court Judge
Page 4 of 8
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
9.Termination for Court’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the Court, make it
advisable to the Court to cease performance under this Agreement, the Court may terminate this
Agreement by written notice to Judge (“Notice of Termination for Court’s Convenience”). The
termination shall be effective in the manner specified in the Notice of Termination for Court’s
Convenience and shall be without prejudice to any claims that the Court or City may otherwise have
against Judge.
b.Upon receipt of the Notice of Termination for Court’s Convenience, unless otherwise
directed in the Notice, the Judge shall immediately cease performance under this Agreement and
make every reasonable effort to refrain from continuing work, incurring additional expenses or costs
under this Agreement and shall immediately cancel all existing orders or contracts upon terms
satisfactory to the Court. Judge shall do only such work as may be necessary to preserve, protect,
and maintain work already completed or immediately in progress.
c.In the event of a termination pursuant to this Section 9, Judge is entitled to payment
only for those services Judge actually rendered on or before the receipt of the Notice of Termination
for Court’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to Judge for
its performance of this Agreement. Judge shall, under no circumstances, be entitled to claim or
recover consequential, special, punitive, lost business opportunity, lost productivity, field office
overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have
arisen, as a result of the termination.
10.Limitation on Judge’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Judge under this Agreement, the Judge’s
damages shall be limited to contract damages and Judge hereby expressly waives any right to claim
or recover consequential, special, punitive, lost business opportunity, lost productivity, field office
overhead, general conditions costs, or lost profits damages of any nature or kind.
b.In the event Judge wants to assert a claim for damages of any kind or nature, Judge
shall provide Court with written notice of its claim, the facts and circumstances surrounding and
giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days
17
Professional Services Agreement for Interim Municipal Court Judge
Page 5 of 8
of the facts and circumstances giving rise to the claim. In the event Judge fails to provide such notice,
Judge shall waive all rights to assert such claim.
11.Representatives and Notices:
a.Court’s Representative: The City’s Representative for the purpose of this
Agreement shall be Karl P. Seel or such other individual as Court shall designate in writing.
Whenever approval or authorization from or communication or submission to Court is required by
this Agreement, such communication or submission shall be directed to the Court’s Representative
and approvals or authorizations shall be issued only by such Representative; provided, however, that
in exigent circumstances when Court’s Representative is not available, Judge may direct its
communication or submission to other designated Court personnel or agents as designated by the
Court in writing and may receive approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the purpose of
this Agreement shall be Kathleen Brandis or such other individual as Judge shall designate in writing.
Whenever direction to or communication with Judge is required by this Agreement, such direction or
communication shall be directed to Judge’s Representative; provided, however, that in exigent
circumstances when Judge’s Representative is not available, Court may direct its direction or
communication to other designated Judge personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and shall be
provided to the Representatives named in this Section. Notices shallbe deemed given when delivered,
if delivered by courier to Party’s address shown above during normal business hours of the recipient;
or when sent, if sent by email or fax (with a successful transmission report) to the email address or
fax number provided by the Party’s Representative; or on the fifth business day following mailing, if
mailed by ordinary mail to the address shown above, postage prepaid.
12.Permits: Judge shall provide all notices, comply with all applicable laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, inspections from applicable
governmental authorities, and pay all fees and charges in connection therewith. Judge is not required
to obtain a City of Bozeman business license.
13.Laws and Regulations: Judge shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances and the Judicial Code of Ethics.
13.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Judge may not subcontract or
18
Professional Services Agreement for Interim Municipal Court Judge
Page 6 of 8
assign Contractor’s rights, including the right to compensation or duties arising hereunder, without
the prior written consent of the City.
14.Nondiscrimination and Equal Pay: Judge agrees the Judge’s performance of this
Agreement will comply with all applicable state and federal anti-discrimination laws and regulations.
Judge will not discriminate against a person in the performance of services under this Agreement
because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual
or perceived sexual orientation, gender identity, or physical or mental disability. Judge shall be subject
to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code,
and all regulations promulgated thereunder.
Judge represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Judge must report to the City any violations of the Montana Equal Pay Act that Judge has been found
guilty of within 60 days of such finding for violations occurring during the term of this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Judge shall
not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs while
on City property or in the performance of any activities under this Agreement. Judge acknowledges
it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of
Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and
related testing. The City and the Court shall have the right to request proof of such compliance and
Judge shall be obligated to furnish such proof.
16. Reports/Accountability/Public Information: Judge agrees to develop and/or provide
documentation as requested by the Court demonstrating Judge’s compliance with the requirements of
this Agreement. Judge shall allow the City and the Court, its auditors, and other persons authorized
by the City or Court to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Judge pursuant to this Agreement was in compliance with
this Agreement and all applicable provisions of federal, state, and local law. Judge shall not issue
any statements, releases or information for public dissemination without prior approval of the Court.
17.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
18.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
19
Professional Services Agreement for Interim Municipal Court Judge
Page 7 of 8
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
19.Taxes: Judge is obligated to pay all applicable taxes of any kind or nature related to
the performance of this Agreement.
20.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the date the
dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction
in compliance with the Applicable Law provisions of this Agreement.
21.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
22.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
23.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
24.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
25.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
26.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20
Professional Services Agreement for Interim Municipal Court Judge
Page 8 of 8
27.Integration: This Agreement constitutes the entire agreement of the parties.
Covenants or representations not contained herein or made a part thereof by reference, are not binding
upon the parties. There are no understandings between the parties other than as set forth in this
Agreement. All communications, either verbal or written, made prior to the date of this Agreement
are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference.
28.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
29.Extensions:this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than June 30, 2022.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
BOZEMAN MUNICIPAL COURT KATHLEEN BRANDIS
By________________________________By__________________________________
Karl P. Seel, Municipal Court Judge Kathleen Brandis
Municipal Court Judge, Pro Tem
21
Memorandum
REPORT TO:City Commission
FROM:Brian Krueger, Development Review Manager
Martin Matsen, Director of Community Development
SUBJECT:Authorize the City Manager to Sign a 2020-2022 Professional Services
Agreement with HDR, Inc. for Wetland Consulting Services
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a 2020-2022 professional services
agreement with HDR, Inc. for wetland consulting services.
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:This is a consent item for the city manager’s signature in order to enter into
an agreement for professional services for wetland consulting services to
support the development review process. The City does not have a standing
wetland review board to provide recommendations on development review
projects and to administer the wetlands regulations established in the
Unified Development Code under Article 30. In lieu of a recommendation
from a Wetlands Review Board, the City will utilize contract services to
perform wetlands review. HDR, Inc. is a local consulting firm. Mark Traxler,
has provided wetland consulting services for the City in the past with
another firm. HDR, Inc. will perform the review and produce a report per
the attached scope of work.
The Department of Community Development has approved budget
resources to fund professional services of this type. The review will be as
needed and dependent upon whether or not each project includes wetlands
and/or watercourses that contain adjacent wetlands.
The contracts will be managed by the development review division of
Community Development. Brian Krueger, Development Review Manager will
be the City’s representative for the contract. The agreement terms include
an initial period of two years and the option to extend the agreement by one
year, not to exceed a total agreement length of three years.
22
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:The Department of Community Development has approved 2020 budget
resources to fund professional services of this type.
Attachments:
Professional Services Agreement with HDR Engineering for
Wetland Consulting.pdf
City of Bozeman Wetland Review 2020 Exhibit A FINAL.pdf
HDR_City of Bozeman_Technical Review Services_5-7-2020
Exhibit B.pdf
Report compiled on: February 25, 2021
23
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2020
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, HDR Engineering, Inc. with a mailing address of 910
N.Last Chance Gulch, Suite B, Helena, MT 59601, hereinafter referred to as “Contractor.” The City
and Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose : City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _____ day of ______________, 2022 unless earlier terminated in accordance with this
Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in their provided
response to the Scope of Services, attached hereto as Exhibit B. Any alteration or deviation from the
described services that involves additional costs above the Agreement amount will be performed by
Contractor after written request by the City, and will become an additional charge over and above the
amount listed in the Scope of Services response attached hereto as Exhibit B. The City must agree in
writing upon any additional charges.
5.Contractor’s Representations : To induce City to enter into this Agreement,
24
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 2 of 11
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status /Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
25
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 3 of 11
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inhe rently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
26
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 4 of 11
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
•Workers’ Compensation – statutory;
•Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
•Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
•Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
•Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any
required insurance coverage will be terminated or Contractor’s decision to terminate any required
insurance coverage for any reason.
27
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 5 of 11
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
28
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 6 of 11
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Brian Krueger, Development Review Manager or such other individual
as City shall designate in writing. Whenever approval or authorization from or communication
or submission to City is required by this Agreement, such communication or submission shall
be directed to the City’s Representative and approvals or authorizations shall be issued only
by such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
29
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 7 of 11
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Mark Traxler or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
30
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 8 of 11
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations /Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports /Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
31
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 9 of 11
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
32
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 10 of 11
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31.Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than 5 years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
33
Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 11 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Jared Harris
Vice President
HDR Engineering, INC
34
Exhibit A
City of Bozeman, Wetland Review Services
Project application wetlands and watercourse technical review.
Scope of Work:
The majority of the work is anticipated to be assigned on an as-needed/on-call basis. The general
municipal wetland and watercourse support work may include, but is not limited to the following: the consultant will perform wetland and watercourse review for substantial conformance with City’s wetland regulations in Section 38.610 of the Bozeman Municipal Code. This will consist of the review of wetland studies, wetland delineations and other related reports
included with development review project applications in accordance with the most current
version of the development codes and standards as adopted by the City of Bozeman.
The consultant will review the project application and wetland related submittal materials including wetland studies, wetland delineations, draft permits and other related reports; will evaluate the impacts that the proposed regulated activities may have on delineated wetlands and
provide recommendations on wetlands protection, mitigation and/or enhancement.
The consultant will specifically provide the City a recommendation on all proposed buffers; a recommendation on all proposed modifications and impacts to wetland and call out any specific details regarding incomplete or incorrect items on the plans and/or reports, and a description of what corrections or additions are required as well as references to the specific, applicable code
sections relating to the deficiencies. The consultant will review any proposed mitigation,
including type, quality, and location and make a recommendation on the proposed approach.
A report shall be submitted to the City with this evaluation for each project in both paper and digital formats. The report shall include a summary of the written review including clear findings and recommendations. This report shall be completed ten working days from the date that the
City submits the application materials to the consultant for review in digital format.
Attendance at preliminary application or site review or other meetings may be occasionally required. As directed, the consultant may periodically provide support before the Bozeman City Commission and before the City’s Advisory Boards and Commissions as an expert on the subject matter.
35
May 7, 2020
Brian Krueger Development Review Manager, Community Development City of Bozeman 20 East Olive Street PO Box 1230 Bozeman, MT 59771
Dear Mr. Krueger,
This letter is in response to your letter of interest request for project application Wetlands and
Watercourse Technical Review services. HDR is pleased to submit this letter of interest for completing
these services for the City of Bozeman and feels that our staff are uniquely qualified and prepared to
complete timely and professional technical reviews of project applications under this contract.
HDR wetland scientists and water resource engineers have decades of combined experience assisting
clients in Montana with complex development projects that involve aquatic resource delineation,
mitigation, and permitting. With a local office in Bozeman and additional staff in Missoula, Billings, Butte
and Helena, HDR is well positioned to provide wetlands and watercourse technical review services to
the City of Bozeman. We have a long-standing working relationship with the City of Bozeman and our
wetland scientists and engineers are well versed on Wetland Regulations under Article 30 of the City of
Bozeman’s Municipal Code Section 38.610, including watercourse setback requirements, Section 404
of the Clean Water Act (CWA), and applicable state of Montana stream permitting regulations.
In 2019, Mark Traxler, a senior wetland scientist and project manager, joined HDR in our Helena, MT
office. As you are aware, Mark provided wetland and watercourse review services to the City of
Bozeman from 2016 to 2018 in his previous role at RESPEC. During that time, Mark worked closed
with City staff on project applications for which project impacts to wetlands were unavoidable. Having
served in this capacity already, Mark is familiar with the process and the time necessary to complete
reviews. Mark is comfortable not only working with City staff but also directly with project proponents
and developers to verify that all project application materials are complete, accurate, and meet wetland
regulations under Bozeman’s City Code.
Mark Traxler will serve as the project manager for assignments under this contract and will be
supported by senior and junior level staff as deemed appropriate to complete comprehensive, timely,
and cost efficient review of project applications. In addition to Mark, senior level staff assigned to this
contract include the following individuals:
• Jonathan Schick is a Planner and Wetland Scientist in HDR’s Missoula office. Jon is a certified
Wetland Delineator and SWPPP Administrator who has a strong background in wetland
regulations, CWA Section 404 permitting and stream permitting in Montana (SPA-124 and 310).
Jon will support Mark in reviewing project applications for completeness and accuracy.
36
• Benjamin Fennelly (PE, CFM) is a Water Resources Engineer in HDR’s Bozeman office. Ben is
a Certified Floodplain Manager with extensive experience in hydraulic design of roadway,
bridge, and culvert crossings. Ben will be available to review floodplain, stream, culvert, bridge,
and other aquatic resource application materials as needed.
• Daniel March (PE, CFM) is a Senior Water Resources Engineer in HDR’s Helena office. Dan is
a Certified Floodplain Manager with extensive experience in stream and wetland restoration and
mitigation design and floodplain permitting. Dan conducted permit review and site assessments
for the Gallatin County Conservation District over a 10 year period and will be available to review
stream and wetland mitigation plans, floodplain permit application materials, and stream setback
proposals.
HDR employs additional junior level staff in Bozeman who are available to assist in application reviews
as needed. HDR staff assigned to this project are available, even on short notice, to attend on-site
application and site reviews as necessary and are also available to attend Bozeman City Commission
meetings to serve as an expert in the subject matter when needed.
For each project review, HDR will first look at the application materials to check that all required
documents are included in the submittal. Any missing application materials will be requested from the
applicant through the City’s designated representative. Application materials including project plans
(including proposed setbacks and wetland impacts), wetland delineation and functional assessments,
permit applications, and proposed mitigation plans will be reviewed for completeness and adherence to
City Code. HDR understands the fine line between avoiding and minimizing project impacts while
fulfilling a project’s purpose and need. We will conduct our review in the best interest of the City of
Bozeman and verify that project development follows guidance provided in Bozeman’s City Code.
Attached is an HDR rate table for staffing categories that we expect would perform technical application
reviews under this contract as well as other staffing categories applicable to our Montana offices. We
have provided a range of rates rather than individual staff rates in the event there is staffing turnover
over the course of the contract. The rates in the table have been projected through 2023 based on
standard escalation calculations. A majority of our reviews would be completed from the office and
would take one to two days of time depending on project complexity. Field visits and attendance at City
Commission meetings would require additional time and expenses associated with travel if necessary.
Thank you for the opportunity to submit this letter of interest for project application Wetlands and
Watercourse Technical Review services. We have the technical expertise and direct project experience
to excel in this role on behalf of the City of Bozeman. If you have any questions or need additional
information, feel free to contact Mark Traxler, HDR’s Project Manager at mark.traxler@hdrinc.com or
406-439-4924.
Sincerely,
HDR Engineering, Inc.
Craig Caprara
Water Business Group Section Manager
37
HDR Hourly Rate Table for Staffing Categories 2020 - 2023
Category 2020 Rate 2021 Rate 2022 Rate 2023 Rate
Principal $201.00 to $333.00 $208.00 to $342.00 $214.00 to $355.00 $221.00 to $368.00
Project Manager $143.00 to $256.00 $148.00 to $264.00 $153.00 to $274.00 $158.00 to $283.00
Value Analysis Lead $166.00 to $365.00 $172.00 to $378.00 $178.00 to $391.00 $184.00 to $404.00
Sr. Transportation Engineer $166.00 to $292.00 $172.00 to $302.00 $178.00 to $313.00 $184.00 to $324.00
Sr. Bridge Engineer $166.00 to $292.00 $172.00 to $302.00 $178.00 to $313.00 $184.00 to $324.00
Sr. Traffic Engineer $166.00 to $292.00 $172.00 to $302.00 $178.00 to $313.00 $184.00 to $324.00
Sr. Hydraulics Engineer $166.00 to $292.00 $172.00 to $302.00 $178.00 to $313.00 $184.00 to $324.00
Sr. Environmental Scientist $133.00 to $256.00 $138.00 to $264.00 $142.00 to $274.00 $147.00 to $283.00
Railroad Coordination $133.00 to $329.00 $138.00 to $341.00 $142.00 to $353.00 $147.00 to $365.00
Bridge Engineer $100.00 to $201.00 $103.00 to $208.00 $107.00 to $215.00 $111.00 to $223.00
Hydraulics Engineer $100.00 to $219.00 $103.00 to $227.00 $107.00 to $235.00 $110.00 to $243.00
Traffic Engineer $199.00 to $219.00 $103.00 to $227.00 $107.00 to $235.00 $111.00 to $243.00
Environmental Scientist $100.00 to $183.00 $103.00 to $189.00 $107.00 to $196.00 $111.00 to $202.00
ROW Agent/Real Estate $83.00 to $219.00 $86.00 to $227.00 $89.00 to $235.00 $92.00 to $243.00
CADD/Designer $67.00 to $146.00 $69.00 to $151.00 $71.00 to $157.00 $74.00 to $162.00
Construction Inspector $83.00 to $164.00 $86.00 to $170.00 $89.00 to $176.00 $92.00 to $182.00
QA/QC $160.00 to $319.00 $166.00 to $330.00 $172.00 to $342.00 $178.00 to $366.00
Surveyor $67.00 to $164.00 $69.00 to $170.00 $71.00 to $176.00 $74.00 to $182.00
Controller $67.00 to $132.00 $22.00 to $136.00 $71.00 to $141.00 $74.00 to $146.00
Admin $88.00 to $132.00 $91.00 to $136.00 $95.00 to $141.00 $98.00 to $146.00
38
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Senior Engineer
Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Ordinance 2057, Final Adoption of Floodplain Regulations Text Amendment,
to Update the City of Bozeman Floodplain Regulations for Consistency with
State and Federal Minimum Requirements and Implement the New Federal
Emergency Management Agency Flood Insurance Study for Bozeman Creek
and Tributaries, Application 20136
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of Ordinance 2057.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The City Commission provisionally adopted Ordinance 2057 by unanimous
vote on February 23, 2021. This final adoption action is the last step in the
process. The effective date for the ordinance is set for April 21, 2021 to
coordinate with the effective date of the new floodplain insurance rate
maps.
Waterway protection has been a matter of concern and regulation since the
early days of the City. Ordinance 105, adopted in 1893, first established
protections for Bozeman Creek. The City of Bozeman adopted regulations for
flood management to protect the public health, safety, and welfare in 1975
(Ordinance 952). Since 2012, the Federal Emergency Management Agency,
in conjunction with state and local partners, has been working on a new
flood study for Bozeman Creek and its tributaries. The effort has included
topographic surveys, hydrologic analyses, hydraulic modeling, peer review,
public comment, and new flood insurance rate maps, which are complete
and become effective April 21, 2021. Floodplain regulations are based on
the base flood, defined as a flood event with a 1% chance of occurring in any
given year. This intensity of flooding may occur repeatedly in sequential
years or have large intervals between events.
The City is updating its municipal regulations for floodplain management
including components related to floodplain development, subdivision,
39
zoning, and environmental health. This work advances priorities of the
Bozeman Community Plan 2020 and the Climate Action Plan.
This proposal entirely replaces the floodplain regulations of the Bozeman
Municipal Code with new standards and procedures to meet minimum state
and federal requirements. The standards and procedures restrict certain
construction and land alterations, require issuance of permits for
construction and land alterations, and set necessary administrative
procedures integrated with the City’s subdivision and zoning development
review procedures. To provide clarity and consistency across the Bozeman
Municipal Code, cross references are proposed to be added or changed,
watercourse setback language is proposed to be changed, definitions related
to floodplain provisions are proposed to be revised, added, and in some
cases, removed, and an artificial obstruction within a regulated flood hazard
area that does not have a floodplain permit where one is otherwise required
is declared to be a public nuisance.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:No specific changes to budgeted City funds has been identified.
Attachments:
FINAL_Ordinance No. 2057_Floodplain Regs REVISED 2-24-
2021.docx
Report compiled on: February 25, 2021
40
ORDINANCE 2057
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING DIVISION 38.600. – FLOODPLAIN REGULATIONS.,
DIVISION 38.220. – APPLICATIONS AND NOTICING., SECTION 38.230.030. –
SPECIAL DEVELOPMENT PROPOSALS –ADDITIONAL APPLICATION
REQUIREMENTS., SECTION 38.410.100. - WATERCOURSE SETBACK., CHAPTER
16 – ENVIRONMENT AND HEALTH ARTICLE 2 NUISANCES, AND DIVISION
38.700. - TERMS AND INTERPRETATION TO REVISE CITY FLOODPLAIN
REGULATIONS, TO DELETE SECTION 42.02.010 – CHANNEL TO BE KEPT FREE
FROM OBSTRUCTIONS, AND SECTION 42.02.020 –NARROWING, TURNING OR
OBSTRUCTING CHANNEL PROHIBITED; EXCEPTION AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, flooding may cause loss of life, damage to property, disruption of
commerce and essential governmental services, and unsanitary conditions all of which are
detrimental to the health, safety, and welfare of city occupants; and
WHEREAS, the public interest necessitates management and regulation of flood
hazards in a manner consistent with sound land and water use management practices intended to
prevent and alleviate flood hazard threats to life and health and reduce private and public economic
losses; and
WHEREAS,Division 38.600. - Floodplain Regulations of the Bozeman Municipal
Code (BMC) establishes land use regulations to promote public health, safety, and welfare; and
WHEREAS,this Ordinance 2057 complies with the Montana Floodplain and Floodway
Management Act (Title 76, Chapter 5, Montana Code Annotated) and state regulations
implemented under authority given thereby to the State of Montana Department of Natural
Resources and Conservation (DNRC) (Chapter 36.15 Administrative Rules of Montana); and
WHEREAS, DNRC has reviewed this Ordinance 2057 and found it acceptable in
meeting the minimum standards established by the State of Montana for local floodplain
regulations; and
WHEREAS, this Ordinance 2057 complies with Title 44 Part 60.3 of the Code of
Federal Regulations promulgated by the Federal Emergency Management Agency (FEMA); and
41
WHEREAS, FEMA has reviewed this Ordinance 2057 and found it adequate and
consistent with the comprehensive criteria for land management and use established in 44 CFR
60.3; and
WHEREAS,FEMA has completed a new Flood Insurance Study and produced new
Flood Insurance Rate Maps that update and replace the Flood Insurance Study of Gallatin County,
Montana, and Incorporated Areas, dated September 2, 2011 (FEMA FIS No. 30031CV000A)
inclusive of the City of Bozeman; and
WHEREAS, DNRC, pursuant to BMC Sec. 76-5-201(3) MCA, has determined the
floodplains and floodways designated by FEMA under the new Flood Insurance Study and Flood
Insurance Rate Maps are in compliance with Parts 1 through 4 of the Montana Floodplain and
Floodway Management Act; and
WHEREAS,the new Flood Insurance Study and Flood Insurance Rate Maps become
effective on April 21, 2021 (FEMA Flood Insurance Study Number 30031CV001B); and
WHEREAS, the City of Bozeman must officially adopt the new Flood Insurance Study
and Flood Insurance Rate Maps by ordinance with an effective date no later than the April 21,
2021 effective date established by FEMA in order to remain a community in good standing with
the National Flood Insurance Program; and
WHEREAS, the City of Bozeman participates in the National Flood Insurance Program
as a community in current good standing; and
WHEREAS, this Ordinance 2057 is a comprehensive update to Division 38.600. –
Floodplain Regulations that existed prior to the effective date set forth herein; and
WHEREAS, any future amendments to this Ordinance 2057 must be found adequate
and acceptable by DNRC and FEMA upon their respective reviews at least thirty (30) days prior
to the effective date of any future amendments hereto; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
Division 38.600. - Floodplain Regulations of the Bozeman Municipal Code be amended as
follows:
DIVISION 38.600. - FLOODPLAIN REGULATIONS [6]
Footnotes:
--- (6) ---
42
State Law reference—Floodplain and floodway management, MCA 76-5-101 et seq.
BMC Sec. 38.600.010. - Title.
These regulations are known and may be cited as the city floodplain regulations. This
division 38.600 is in accordance with the authority of the laws of the state exercised by the city,
and other authority as may be possessed by the city.
BMC Sec. 38.600.020. - Purpose.
A. This chapter has established regulations to prohibit development within floodplains in order
to protect public health and safety, safeguard water quality, provide for wildlife habitat and
accomplish other public purposes. However, there are certain limited circumstances where
development within the floodplain either currently exists or may be permitted from time to
time to advance a public purpose. This division 38.600 provides standards which must be met
in order to promote the public health, safety and general welfare, to minimize flood losses in
areas subject to flood hazards, and to promote wise use of the floodplain when those limited
circumstances occur. This division 38.600 has been established with the following purposes:
1. To guide development of the 100-year floodplain within the city limits consistent with
the enumerated findings by:
a. Establishing zoning regulations coincident with and applicable to those areas at risk
of flooding with special requirements and regulations to protect the public welfare;
b. Recognizing the right and need of watercourses to periodically carry more than the
normal flow of water;
c. Participating in coordinated efforts of federal, state and local management activities
for 100-year floodplains;
d. Ensuring the regulations and minimum standards adopted, insofar as possible,
balance the greatest public good with the least private injury; and
e. Carrying out the provisions of this division 38.600 in a fashion consistent with the
remainder of this chapter and the public policies set forth in the city's growth policy
consistent with the authority of title 76, chapter 5, part 3 (MCA 76-5-301 et seq.).
2. Specifically, it is the purpose of this division 38.600 to:
a. Restrict or prohibit uses that are dangerous to health, safety and property in times of
flood, or that cause increased flood heights and velocities;
b. Require that uses vulnerable to floods, including public facilities, be provided with
flood protection at the time of initial construction;
c. Identify lands unsuitable for certain development purposes because of flood hazards;
d. Minimize the need for rescue and relief efforts associated with flooding undertaken
at the expense of the general public;
e. Ensure that potential buyers are notified that property is within a 100-year floodplain
and subject to the provisions of these regulations;
f. Ensure that those who occupy 100-year floodplains assume responsibility for their
actions; and
43
g. Protect water quality and persons and property located downstream.
BMC Sec. 38.600.030. - Jurisdictional area.
This division 38.600 applies to all lands within the boundaries of the city, shown on the
official floodplain maps, including any amendments or revisions, as being located within a 100-
year floodplain district or that may otherwise be identified as lying within a 100-year floodplain
through additional floodplain delineation, engineering analysis, topographic survey, or other
objective and factual basis.
BMC Sec. 38.600.040. - Floodplain regulation establishment and applicability.
These floodplain regulations are hereby established and are applicable in all areas defined by
the base flood elevations and 100-year floodplains as delineated in the flood insurance study, or
other means specified in section 38.600.030. The basis for the flood insurance study is a
scientific and engineering report entitled the "Flood Insurance Study of Gallatin County,
Montana, and Incorporated Areas," dated September 2, 2011 (FEMA FIS No. 30031CV000A),
with accompanying flood insurance rate maps and flood boundary/floodway maps. The official
floodplain maps, together with the flood insurance study are on file in the office of the city
Floodplain Administrator. The floodplain regulations are hereby established in all areas subject
to flooding. Depiction on the official zoning map of the city is not required for this district.
BMC Sec. 38.600.050. - Abrogation and greater responsibility.
It is not intended by this division 38.600 to repeal, abrogate, or impair any existing
easements, covenants, deed restrictions, or underlying zoning. However, where this division
38.600 imposes greater restrictions, the provisions of this division 38.600 prevail.
BMC Sec. 38.600.060. - Floodplain Administrator.
The city Floodplain Administrator is designated in 38.200.010. The responsibilities of this
position are outlined in 38.600.130.
BMC Sec. 38.600.070. - Regulation interpretation.
The interpretation and application of the provisions of these regulations are considered
minimum requirements and liberally construed in favor of the governing body and not deemed a
limitation or repeal of any other powers granted by state statute or self-government status.
BMC Sec. 38.600.080. - Compliance with regulations.
No structure or land use may be located, extended, converted or structurally altered without
full compliance with the provisions of this chapter, these specific regulations, and other
applicable regulations. These regulations meet or exceed the minimum floodplain development
requirements as set forth by the state department of natural resources and conservation and the
National Flood Insurance Program.
BMC Sec. 38.600.090. - Flood hazard evaluation.
A. General.Land subject to being flooded by a flood of 100-year frequency as defined by title
76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.), or land deemed to be subject
to flooding by the city, may not be subdivided or developed for building or residential
purposes, or other uses that may increase or aggravate flood hazards to life, health or welfare,
or that may be prohibited by state or local floodplain or floodway regulations.
44
B. Requirement for study.
1. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining
an area of 25 square miles or more; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
c. The subdivider or other developer must provide a floodplain analysis report
establishing the calculated 100-year frequency water surface elevations and 100-year
floodplain boundaries. The analysis and report must be prepared by a licensed
professional engineer qualified in this field of work.
2. If any portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than ten vertical feet of a watercourse draining
an area less than 25 square miles; and
b. No official floodplain or floodway delineation study of the watercourse has been
made; then
c. The subdivider or other developer must:
(1) Demonstrate to the satisfaction of the city engineering department that the 100-
year peak runoff of the watercourse will not affect the subdivision; or
(2) Delineate the existing and proposed 100-year flood limits of the stream or
streams within 1,000 feet of the proposed subdivision and specify any mitigation
that may be required to protect the proposed subdivision and adjacent properties
from potential flooding and erosion damage due to any proposed changes within
the delineated flood limits.
d. The developer's professional engineer, licensed in the state, must provide written
certification to the city that the mapped flood locations and proposed mitigation must
protect against damage by the 100-year flood.
3. Submission of report. The report must be submitted at the time of preliminary plat or
plan application. The report may be submitted, upon the request of the city commission
or development review committee, to the floodplain management section, water resources
division, state department of natural resources and conservation, for review and
concurrence.
4. Contents of report. The required report must include the following information:
a. Certification. Certification of the report by a registered professional engineer.
b. Overall plan view. An overall scaled plan view (project map) with identified scale
for vertical and horizontal distance showing the following:
(1) Watercourse;
(2) Floodplain boundaries;
(3) Location of property;
45
(4) Contours;
(5) Cross sections;
(6) Bridges or other constrictions in the floodplain; and
(7) USGS gauging stations (if any).
c. Benchmark. The location and elevation of a temporary benchmark established within
the subdivision and referenced to mean sea level with appropriate elevation
adjustment.
d. Cross sectional information.
(1) Cross sections must follow the applicable guidelines established by the state
department of natural resource conservation. If applicable guidelines are not
available, cross section information must be as follows:
(a) Cross section elevations and stations should be determined at points
representing significant breaks in ground slope and at changes in the
hydraulic characteristics of the floodplain (e.g., points where ground cover,
soil or rock conditions change). Elevations must be reported in NAVD88.
(b) Each cross section must cross the entire floodplain. The cross section
alignment should be perpendicular to the general flow of the watercourse,
the slope of the channel and the hydraulic characteristics of the reach. A
minimum of four cross sections are required over the entire reach with at
least two cross sections at the property where the elevations are desired.
Additional cross sections must be taken at bridges, control structures or
natural constrictions in topography.
Figure 38.600.090.
Section view of floodplain.
46
(2) Photogrammetric methods may be used in lieu of cross sections whenever
appropriate and when reviewed and approved by the Floodplain Administrator.
e. Bridges. Descriptions and sketches of all bridges within the reach, showing
unobstructed waterway openings and elevations.
f. Water surface. Elevations of the water surface determined by survey as part of each
valley cross section.
g. Supporting documentation. Engineering report of computer computations,
calculations and assumptions that may include:
(1) Hydrology (research of published hydrology or calculations showing how
hydrology was derived);
(2) Input files (hard copy and on diskette or CD-ROM); and
(3) Output files (hard copy and on diskettes or CD-ROM).
C. Waiver of requirement.The Floodplain Administrator may waive this requirement where
the subdivider contacts the water resources division, state department of natural resources
and conservation, and that agency states in writing that the data indicate that the proposed
subdivision is not in the flood hazard area as defined in this division 38.600.
BMC Sec. 38.600.100. - Rules for interpretation of floodplain district boundaries.
The boundaries of the 100-year floodway must be determined by scaling distances on the
official floodplain maps and using the floodway data table contained in the flood insurance study
report. The maps may be used as a guide for determining the 100-year floodplain boundary, but
the exact location of the floodplain boundary must be determined where the base flood elevation
intersects the natural ground. The Floodplain Administrator may require an on-site survey and
staking of the floodplain boundary prior to issuance of any permit or any development
undertaken following issuance of a permit.
BMC Sec. 38.600.110. - Warning and disclaimer of liability.
This division 38.600 does not imply that areas outside the delineated floodplain boundaries
or permitted land uses will always be totally free from flooding or flood damages. These
regulations do not create a liability or cause of action against the city or any officer or employee
thereof for flood damages that may result from reliance upon these regulations.
BMC Sec. 38.600.120. - Disclosure provision.
All owners of property in an identified 100-year floodplain as indicated on the official
floodplain maps must notify potential buyers or their agents that such property is subject to the
provisions of this division 38.600.
BMC Sec. 38.600.130. - Administration of regulations.
A. As provided in section 38.200.010, the city Floodplain Administrator has been designated by
the city commission, and has the responsibility of such position as outlined in this division
38.600.
B. Section 38.410.100 has established a public policy to avoid development within floodplains,
along with certain exceptions. The administration of these regulations must be done in a
fashion consistent with both the letter and spirit of that section.
47
C. The city Floodplain Administrator is appointed with the authority to review floodplain
development permit applications, proposed uses and construction to determine compliance
with these regulations. The city Floodplain Administrator is required to ensure all necessary
permits have been received from those governmental agencies from which approval is
required by federal and state law and local codes, including section 404 of the Federal Water
Pollution Control Act of 1972, 33 USC 1334, and under the provisions of the Natural
Streambed and Land Preservation Act.
1. Additional factors. Floodplain development permits will be granted or denied by the city
Floodplain Administrator on the basis of whether the proposed establishment, alteration
or substantial improvement of an artificial obstruction meets the requirements of this
division 38.600 and other requirements of this chapter. Additional factors that will be
considered for every permit application are:
a. The danger to life and property due to increased flood heights, increased floodwater
velocities or alterations in the pattern of flood flow caused by encroachments;
b. The danger that materials may be swept onto other lands or downstream to the injury
of others;
c. The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination and unsanitary conditions;
d. The susceptibility of the proposed facility and its contents to flood damage and the
effects of such damage on the individual owner;
e. The importance of the services provided by the facility to the community;
f. The requirement of the facility for a waterfront location;
g. The availability of alternative locations not subject to flooding for the proposed use;
h. The compatibility of the proposed use with existing development and anticipated
development in the foreseeable future;
i. The relationship of the proposed use to the growth policy and floodplain management
program for the area;
j. The safety of access to property in times of flooding or for ordinary and emergency
services; and
k. Such other factors as are in harmony with the purposes of this chapter, these
regulations, the Montana Floodplain and Floodway Management Act and the
National Flood Insurance Program.
D. A floodplain development permit application is considered to have been automatically
granted 60 days must be reviewed and acted upon within 180 working days after the date of
receipt of the complete application by the city Floodplain Administrator. Unless the applicant
has been notified that the permit is denied, conditionally approved or If additional information
pertinent to the permit review process is required the time for review must stop and restart
with submittal of the additional information. A floodplain permit must not act as a waiver or
variance from the other requirements of this chapter.
48
E. The city Floodplain Administrator must adopt such administrative procedures as may be
necessary to efficiently administer the provision of these regulations.
F. The city Floodplain Administrator must maintain such files and records as may be necessary
to document nonconforming uses, base flood elevations, floodproofing and elevation
certifications, fee receipts, the issuance of permits, agenda, minutes, records of public
meetings, and any other matters related to floodplain management in the city. Such files and
records must be open for public inspection. In matters of litigation, the city attorney may
restrict access to specific records.
G. The city Floodplain Administrator may require whatever additional information is necessary
to determine whether the proposed activity meets the requirements of these regulations.
Additional information may include hydraulic calculations assessing the impact on base flood
elevations or velocities, level survey or certification by a registered land surveyor,
professional engineer or licensed architect that the requirements of these regulations are
satisfied.
H. Upon receipt of an application for a permit or a variance, the city Floodplain Administrator
must prepare a notice according to the requirements of division 38.220 of this chapter.
I. Copies of all permits granted must be sent to the state department of natural resources and
conservation in Helena, Montana.
1. In riverine situations, notifications by the city Floodplain Administrator must be made
to adjacent communities, the floodplain management section (DNRC) and FEMA prior
to any alteration or relocation of a stream. The flood-carrying capacity within the
altered or relocated portion of any stream must be maintained. Erosion control measures
must be incorporated to ensure stability of altered channels and stream banks.
BMC Sec. 38.600.140. - Permit applications.
A. Activities or uses that require the issuance of a permit, including the expansion or alteration
of such uses, may not be initiated, established or undertaken until a permit has been issued by
the city Floodplain Administrator.
B. Permit applicants must be required to furnish the following information as deemed necessary
by the city Floodplain Administrator for determining the suitability of the particular site for
the proposed use:
1. Three sets of plans drawn to scale (including dimensions) showing the nature, location
and elevation of the lot; existing and proposed structure locations; fill, storage or materials
site; floodproofing measures; mean sea level elevation of first floor of proposed
structures; and location of the channel and limits of 100-year floodplain boundary;
2. A plan view of the proposed development indicating external dimensions of structures;
street or road finished grade elevations; well locations; individual sewage treatment and
disposal sites; excavation and/or fill quantity estimates; and site plan and/or construction
plans;
3. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage
of materials and location of utilities;
49
4. A professional engineer's or registered architect's design calculations and certification
that the proposed activity has been designed to be in compliance with these regulations;
5. Certification of floodproofing and/or elevation must be provided on a standard form
available from the city Floodplain Administrator; and
6. Adjoining owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed floodplain permit.
C. To determine that the permit specifications and conditions have been completed, applicants
who have received permits must furnish the following at the time of an on-site conformance
inspection:
1. Certification by a registered professional engineer or licensed land surveyor of the actual
mean sea level elevation of the lowest floor (including basement) of all new, altered or
substantially improved buildings;
2. If floodproofing techniques were used for buildings, the mean sea level elevation to
which the floodproofing was accomplished must be certified by a structural engineer or
licensed architect in the same manner;
3. Certification is also required for artificial obstructions other than buildings, that the
activity was accomplished in accordance with these regulations and the design plans
submitted with the application for the permit activity. This certification may be waived
by the city Floodplain Administrator if it can be clearly ascertained by a site inspection
that the activity was accomplished in accordance with these regulations; and
4. Certification of floodproofing and/or elevation must be provided on a standard form
available from the city Floodplain Administrator.
BMC Sec. 38.600.150. - Emergency waiver.
A. Emergency repair and replacement of severely damaged public transportation facilities,
public water and sewer facilities, public utility electricity and natural gas distribution facilities,
and flood control works may be authorized. Floodplain development permit requirements may
be waived if:
1. Upon notification and prior to emergency repair and/or replacement, the city Floodplain
Administrator determines that an emergency condition exists warranting immediate
action; and
2. The city Floodplain Administrator agrees upon the nature and type of proposed
emergency repair and/or replacement.
B. Authorization to undertake emergency repair and replacement work may be given verbally
if the city Floodplain Administrator feels that such a written authorization would unduly
delay the emergency works. Such verbal authorization must be followed by a written
authorization describing the emergency condition, and the type of emergency work agreed
upon and stating that a verbal authorization had been previously given.
BMC Sec. 38.600.160. - Review; variances; appeals.
Appeals and variances from this division 38.600 may be taken as set forth in division 38.250
of this chapter. The city Floodplain Administrator must maintain records of the variance
50
notification and actions, including justification for their issuance, and forward copies of all
variance actions to the state department of natural resources and conservation and the Federal
Emergency Management Agency.
BMC Sec. 38.600.170. - Floodplain development; compliance.
Any use, arrangement or construction not in compliance as authorized by permit, will be
deemed a violation of this division 38.600 and punishable as provided in division 38.200 of this
chapter. An applicant is required to submit certification by a registered professional engineer,
architect, land surveyor or other qualified person designated by the city Floodplain Administrator
that finished fill and lowest building floor elevations, floodproofing, hydraulic design or other
flood protection measures were accomplished in compliance with these regulations.
BMC Sec. 38.600.180. - Emergency preparedness; planning.
In formulating community development goals, the community must consider the
development of a plan for evacuating users of all development located within floodprone areas.
This plan should be developed, filed with, and approved by appropriate community emergency
management authorities.
BMC Sec. 38.600.190. - Applications; specific standards.
The minimum floodplain development standards listed in this division 38.600 apply to the
floodway and floodway fringe portions of the 100-year floodplain as delineated on the flood
hazard area maps or other flood hazard areas as may be determined by section 38.600.040.
BMC Sec. 38.600.200. - Floodway—Uses allowed without floodplain permits.
A. When a site specific exemption or relaxation of the standards of section 38.410.100 allow
utilization of a portion of the floodplain, the following uses are allowed without a permit
within the floodway, provided that such uses conform to the provisions of sections 38.600.350
through 38.600.390; are not prohibited by any other ordinance, resolution or statute; and do
not require fill, excavation, permanent storage of materials, or equipment or structures other
than portable structures:
1. Agricultural uses;
2. Accessory uses such as loading and parking areas associated with industrial and
commercial facilities;
3. Private and public recreational uses such as golf courses, driving ranges, archery ranges,
picnic grounds, boat-launching ramps, parks, wildlife management and natural areas, fish
hatcheries, fishing areas, and hiking or horseback riding trails;
4. Residential uses such as lawns, gardens, parking areas and play areas;
5. Irrigation and livestock supply wells, provided that they are located at least 500 feet from
domestic water supply wells; and
6. Fences, except permanent fences crossing channels.
BMC Sec. 38.600.210. - Floodway—Uses requiring floodplain permits.
A. When a site specific exemption or relaxation of the standards of section 38.410.100 allow
utilization of a portion of the floodplain, the following artificial obstructions may be permitted
in the floodway subject to the issuance of a permit by the city Floodplain Administrator:
51
1. Excavation of material from pits and pools provided that:
a. A buffer strip of undisturbed land is left between the edge of the channel and the
edge of the excavation. This buffer strip must be of sufficient width to prevent flood
flows from channeling into the excavation;
b. The excavation meets all applicable laws and regulations of other local and state
agencies; and
c. Excavated material is disposed of or stockpiled outside the floodway;
2. Railroad, highway and street stream crossings provided the crossings are designed to
offer minimal obstruction to flood flow. Stream crossings may not increase the elevation
of the 100-year flood more than one-half foot nor cause a significant increase in flood
velocities;
3. Limited filling for highway, street and railroad embankments not associated with stream
crossings, provided that:
a. Reasonable alternate transportation routes outside the designated floodway are not
available; and
b. Such floodway encroachment is located as far from the stream channel as possible
and may not result in a cumulative increase in base flood elevations, after allowable
encroachments into the floodway fringe, exceeding one-half foot;
4. Buried or suspended utility transmission lines, provided that:
a. Suspended utility transmission lines are designed so the lowest point of the
suspended line is at least six feet higher than the base flood elevation;
b. Towers and other appurtenant structures are designed and placed to withstand and
minimally obstruct flood flows; and
c. Utility transmission lines carrying toxic or flammable materials are buried to a depth
of at least twice the calculated maximum depth of scour for a 100-year flood. The
maximum depth of scour must be determined by hydraulic engineering methods
acceptable to the city Floodplain Administrator;
5. Storage of materials and equipment, provided that:
a. The material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement; or
b. The material or equipment is readily movable within the limited time available after
flood warning. Storage of flammable, toxic, hazardous or explosive materials is
prohibited;
6. Domestic water supply wells, provided that:
a. They are driven or drilled wells located on ground higher than the surrounding
ground to ensure positive drainage from the well;
b. Well casings are watertight to a distance of at least 25 feet below the ground surface;
c. Water supply and electrical lines have a watertight seal where the lines enter the
casing;
52
d. All pumps, electrical lines and equipment are either submersible or adequately
floodproofed; and
e. Check valves are installed on main water lines at wells and at all building entry
locations;
7. Substantial improvements to any structure provided that the provisions of subsections C,
D or E of section 38.600.260 are met. In the floodway, the structure must be floodproofed
or elevated on a permanent foundation rather than on fill; and
8. All other artificial obstructions, substantial improvements or nonconforming uses not
specifically listed or prohibited by these regulations.
BMC Sec. 38.600.220. - Same—Permits for flood control works.
A. It is desired that flood control be primarily accomplished by on-site stormwatermanagement,
protection of bank stabilizing vegetation, preserving an unobstructed floodplain and keeping
development away from areas prone to flooding. In the event that adequate flood control
cannot be achieved by these methods, flood control works are allowed within floodways
subject to the issuance of a permit by the city Floodplain Administrator with the following
conditions:
1. Levees and floodwalls are permitted if:
a. The proposed levee or floodwall is designed and construed to safely convey a 100-
year flood; and
b. The cumulative effect of the levee or floodwall combined with allowable floodway
fringe encroachments does not increase the unobstructed base flood elevation more
than one-half foot. The city Floodplain Administrator may establish either a lower or
higher permissible increase in the base flood elevation for individual levee projects
only with concurrence from the state department of natural resources and
conservation and the Federal Emergency Management Agency based upon
consideration of the following criteria:
(1) The estimated cumulative effect of any anticipated future permissible uses; and
(2) The type and amount of existing floodprone development in the affected area;
c. The proposed levee or floodwall, except those to protect agricultural land, is
constructed at least three feet higher than the base flood elevation;
2. Bank stabilization methods provided that:
a. When selecting a bank stabilization method, best management practices consistent
with the intent of this chapter must be used;
b. The bank stabilization method is designed to withstand a 100-year flood;
c. The bank stabilization method does not increase the base flood elevation; and
d. The bank stabilization method will not increase erosion upstream, downstream or
adjacent to the stabilization site;
3. Channelization projects if they do not significantly increase the magnitude, velocity or
base flood elevation in the proximity of the project;
53
4. Dams provided that:
a. They are designed and constructed in accordance with the Montana Dam Safety Act
and applicable safety standards; and
b. They will not increase flood hazards downstream, either through operational
procedures or improper hydraulic design.
BMC Sec. 38.600.230. - Same—Permits for water diversions.
A. Permits for the establishment of a water diversion or change in place of diversion will not be
issued if, in the judgment of the city Floodplain Administrator:
1. The proposed diversion will significantly increase the upstream base flood elevation to
the detriment of neighboring property;
2. The proposed diversion is not designed and constructed to minimize potential erosion
from a 100-year flood; and
3. Any permanent diversion structure crossing the full width of the stream channel is not
designed and constructed to safely withstand a 100-year flood.
BMC Sec. 38.600.240. - Same—Prohibited uses.
A. The following artificial obstructions and nonconforming uses are prohibited within the
floodway:
1. New construction of any residential, commercial or industrial structure including
manufactured homes;
2. Encroachments including fill, new construction, alterations, substantial improvements
and other development within the adopted regulatory floodway that would result in
erosion of the embankment, obstruction of the natural flow of waters or increase in flood
levels within the community during the occurrence of the 100-year flood;
3. The construction or permanent storage of an object subject to floatation or movement
during flooding;
4. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems;
5. Storage of toxic, flammable, hazardous or explosive materials; and
6. Alterations of structures unless it can be shown the alteration will not raise flood heights.
BMC Sec. 38.600.250. - Floodway fringe—Uses allowed without permits.
All uses allowed in the floodway, according to the provisions of section 38.600.200 of these
regulations, are also allowed without a permit in the floodway fringe.
BMC Sec. 38.600.260. - Same—Uses requiring permits.
A. When a site specific exemption or relaxation of the standards of section 38.410.100 allows
utilization of a portion of the floodplain, the uses allowed in the floodway subject to the
issuance of a permit, according to the provisions of sections 38.600.210 through 38.600.230,
must also be allowed by permit within the floodway fringe. In addition, new construction,
substantial improvements and alterations to structures are allowed by permit. This includes
54
but is not limited to residential, commercial and industrial construction and suitable fill to be
allowed by permit from the city Floodplain Administrator, subject to the following conditions:
1. Such structures or fill must not be prohibited by any other statute, regulation, ordinance
or resolution;
2. Such structures or fill must be compatible with local growth policies;
3. The new construction, alterations and substantial improvements of residential structures
including manufactured homes must be constructed on suitable fill such so that the lowest
floor elevation (including basement) is two feet or more above the base flood elevation.
Any approved suitable fill must be at an elevation no lower than the base flood elevation
and must extend for at least 15 feet, at that elevation, beyond the structure in all directions;
4. The new construction, alteration and substantial improvement of commercial and
industrial structures can be constructed on suitable fill as specified in subsection C of this
section. If not constructed on fill, commercial and industrial structures must be adequately
floodproofed to an elevation no lower than two feet above the base flood elevation.
Floodproofing must be certified by a registered professional engineer or architect that the
floodproofing methods are adequate to withstand the flood depths, hydrodynamic and
hydrostatic pressures, velocities, impact, buoyancy and uplift forces associated with the
100-year flood;
a. If the structure is designed to allow internal flooding of areas below the lowest floor,
use of this space must be limited to parking, loading areas, building access and
storage of equipment or materials not appreciably affected by floodwaters. The floors
and wall must be designed and constructed of materials resistant to flooding to an
elevation no lower than two feet above the base flood elevation. Walls must be
designed to automatically equalize hydrostatic forces by allowing for entry and exit
of floodwaters. Openings may be equipped with screens, louvers, valves, other
coverings or devices which permit the automatic entry and exit of floodwaters;
b. Structures whose lowest floors are used for a purpose other than parking, loading or
storage of materials resistant to flooding must be floodproofed to an elevation no
lower than two feet above the base flood elevation. Floodproofing must include
impermeable membranes or materials for floors and walls and watertight enclosures
for all windows, doors and other openings. These structures must also be designed
to withstand the hydrostatic, hydrodynamic and buoyancy effects of a 100-year
flood; and
c. Floodproofing of electrical, heating and plumbing systems must comply with
sections 38.600.350 through 38.600.390;
5. All manufactured homes placed in the floodway fringe must have the chassis securely
anchored to a foundation system that will resist floatation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, over-the-top or frame ties to
ground anchors. The following conditions also apply:
a. When a manufactured home is altered, replaced because of substantial damage as a
result of a flood, or replaced on an individual site, the lowest floor must be elevated
two feet above the base flood elevation. The home can be elevated on fill or raised
55
on a permanent foundation of reinforced concrete, reinforced mortared block,
reinforced piers or other foundation elements of at least equivalent strength; and
b. Replacement or substantial improvement of manufactured homes in an existing
manufactured home community or subdivision must be raised on a permanent
foundation. The lowest floor must be at least 36 inches above the ground or raised
two feet above the base flood elevation, whichever is less. The foundation must
consist of reinforced concrete, reinforced mortared block, reinforced piers or other
foundation elements of at least equivalent strength;
c. Manufactured homes proposed for use as commercial or industrial structures must
be elevated and anchored, rather than floodproofed;
6. Fill material placed in the floodway fringe must be stable, compacted, well graded,
pervious, generally unaffected by water and frost, devoid of trash or similar foreign
matter, devoid of tree stumps or other organic material, and appropriate for the purpose
of supporting the intended use and/or permanent structure;
7. Roads, streets, highways and rail lines must be designed to minimize increase in flood
heights. Where failure or interruption of transportation facilities would result in danger
to the public health or safety, the facility must be located two feet above the base flood
elevation; and
8. Agricultural structures that have a low damage potential, such as sheds, barns, shelters,
and hay or grain storage structures must be adequately anchored to prevent floatation or
collapse and all electrical facilities must be placed above the base flood elevation;
a. Recreational vehicles, if they are on the site for more than 180 consecutive days or
are not ready for highway use, must meet the elevating requirements of subsection C
of this section.
BMC Sec. 38.600.270. - Floodplain—Prohibited uses.
A. The following artificial obstructions and nonconforming uses are prohibited within the
floodway fringe:
1. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazardous or explosive materials. Storage of
petroleum products may be allowed by permit if stored on compacted fill at least two feet
above the base flood elevation and anchored to a permanent foundation to prevent
downstream movement.
BMC Sec. 38.600.280. - Same—Areas with flood elevations and no delineated floodway.
A. A development proposed for a 100-year floodplain, where water surface elevations are
available but no floodway is delineated, may not significantly increase flood velocities or
depths or generally alter patterns of flood flow. The provisions of sections 38.600.250 through
38.600.270 apply to these areas. The city Floodplain Administrator may require a permit
applicant to furnish additional hydraulic data before acting on a permit application for such a
floodplain. The data may include, but are not limited to, any of the following:
1. A hydraulic study documenting probable effect on upstream, downstream or adjacent
property owners' caused by the proposed development; or
56
2. The calculated increase in the 100-year floodwater surface profile caused by the proposed
development.
B. Permits for such proposed development may be modified or denied if the additional
information shows that the proposed use would cause an additional flood hazard to adjacent
property or significantly increase flood heights. A significant increase in flood height is one-
half foot unless existing or anticipated development in the area dictates a lesser amount of
allowable increase. BMC Sec. 38.600.290. - Shallow flooding (AO zones).
A. Shallow flooding areas are delineated as AO zone floodplains on the flood insurance rate
maps. The provisions of section 38.600.260 apply to any AO zone floodplains. The depth of
the 100-year flood is indicated as the depth number on the flood insurance rate maps. The
100-year flood depth must be referenced to the highest adjacent grade or stream flow line in
determining which fill or floodproofing heights to use in applying the provisions of
subsections C and D of section 38.600.260. In the absence of depth or elevation information,
a minimum two-foot flood depth must be used.
B. Floodplain boundary interpretation. The city Floodplain Administrator must make
interpretations where needed as to the exact location of an AO zone floodplain boundary
when there is a conflict between a mapped boundary and actual field conditions.
BMC Sec. 38.600.300. - Applicability to unnumbered A zones.
The minimum floodplain development standards listed in this section apply to the 100-year
floodplains delineated by approximate methods and identified as unnumbered A zones on the
flood insurance rate maps.
BMC Sec. 38.600.310. - A zones—Uses allowed without permits.
All uses allowed in a floodway, according to the provisions of section 38.600.210, are also
allowed without a permit in unnumbered A zone floodplains.
BMC Sec. 38.600.320. - Same—Uses requiring permits.
A. All uses allowed in the floodway and floodway fringe subject to the issuance of a permit
according to the provisions of section 38.600.260, require permits from the city Floodplain
Administrator for unnumbered A zone floodplains. Also, the provisions of section 38.600.260
apply to the A zone floodplains with no floodway delineated or water surface profile
computed. Since there are no 100-year floodwater surface profiles computed for A zone
floodplains, the following conditions also apply:
1. Elevation data on the 100-year flood must be provided for subdivision proposals
according to the definitions and rules of the Montana Sanitation in Subdivisions Act, title
76, chapter 4, part 1, Montana Code Annotated (MCA 76-4-101 et seq.) and the rules
adopted byDepartment of Environmental Quality under this Act. These data must be used
in applying subsections C, D and E of section 38.600.270. Subdivision proposals must
also provide for adequate drainage to minimize potential flood hazards;
2. The city Floodplain Administrator may obtain, review and reasonably use any base flood
elevation and floodway data available from federal, state or other sources, until such data
have been provided by FEMA, to enforce subsections C and D of section 38.600.270;
57
3. The city Floodplain Administrator may use historical flood elevations to determine
suitable fill or floodproofing elevations as required by subsections C and D of section
38.600.270;
4. If historical flood evidence is not available, then the city Floodplain Administrator must
determine, from a field review at the proposed development site, an appropriate fill or
floodproofing elevation to use in applying subsections C and D of section 38.600.270. In
the absence of depth or elevation information, a minimum two foot flood depth must be
used; and
5. Proposed structures must be anchored to prevent floatation or collapse and must be
located as far from stream channels as practicable.
BMC Sec. 38.600.330. - Same—Prohibited uses.
Those uses prohibited in the floodway fringe, in accordance with section 38.600.270, are
also prohibited within the A zone floodplain boundaries.
BMC Sec. 38.600.340. - Same—Floodplain boundary interpretation.
The city Floodplain Administrator must make interpretations where needed as to the exact
location of the unnumbered A zone floodplain boundary when there is a conflict between a
mapped boundary and actual field conditions.
BMC Sec. 38.600.350. - Floodproofing requirements—Certification.
If the following floodproofing requirements are to be applied to a proposed structure, as
stipulated by the city Floodplain Administrator in accordance with these regulations, the methods
used must be certified as adequate by a registered professional engineer or architect.
BMC Sec. 38.600.360. - Same—Conformance.
Permitted floodproof systems must conform to the conditions listed in sections 38.600.370
through 38.600.390 and the floodproofing standards listed in subsection D of section 38.600.260
for commercial and industrial structures.
BMC Sec. 38.600.370. - Same—Electrical systems.
A. All incoming power service equipment, including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment must be
located at least two feet above the base flood elevation;
B. Portable or movable electrical equipment may be placed below the base flood elevation, if
the equipment can be disconnected by a single submersible plug-and-socket assembly;
C. The main power service line must have automatic or manually operated electrical disconnect
equipment located at an accessible location outside the 100-year floodplain and above the base
flood elevation; and
D. All electrical wiring systems installed at or below the elevation of the 100-year flood must
be suitable for continuous submergence and may not contain fibrous components.
BMC Sec. 38.600.380. - Same—Heating systems.
58
A. Float operated automatic control valves must be installed in gas furnace supply lines so that
the fuel supply is automatically shut off when floodwaters reach the floor level where the
furnace is located;
B. Manually operated gate valves must be installed in gas supply lines. The gate valves must be
operable from a location above the elevation of the 100-year flood; and
C. Electric heating systems must be installed in accordance with the provisions of
International Building Code and any other applicable regulations.
BMC Sec.38.600.390. -Same—Plumbing systems.
A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed
to prevent sewage backup into permitted structures; and
B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible
water entry is at least two feet above the elevation of the 100-year flood.
BMC Sec.38.600.400. -Violation—Notice.
The city Floodplain Administrator must bring any violation of this division 38.600 to the
attention of the local governing body, its legal counsel and the state department of natural
resources and conservation.
BMC Sec.38.600.410. -Same—Penalty.
Violation of the provisions of this division 38.600 or failure to comply with any of the
requirements, including permit approval prior to development of floodprone lands, and
conditions and safeguards established are subject to the provisions of division 38.200 of this
chapter.
DIVISION 38.600. –FLOODPLAIN REGULATIONS
Citation.
This division 38.600 is known and may be cited as the city floodplain regulations,
except when cited herein, where it is referred to as “this division”.
Authority.
This division is adopted by authority of Montana Code Annotated (MCA) §§76-5-101
et seq.
Findings.
Flooding may cause loss of life, damage to property, disruption of commerce and
essential governmental services, and unsanitary conditions all of which are detrimental
to the health, safety, and welfare of city occupants.
The public interest necessitates management and regulation of flood hazards in a
manner consistent with sound land and water use management practices intended to
prevent and alleviate threats to life and health and reduce private and public economic
losses.
59
Control, mitigation, and avoidance of flood hazards interacts with other provisions of
public policy that promote public purposes, such as providing water quality and storm
water control;therefore, regulations addressing flood hazards must be correlated with
other water related regulations.
As stated in Bozeman Municipal Code (BMC) Sections 38.100.050 and 38.100.070,
these regulations are minimum requirements and upon review,the review authority may
determine that the public interest will be best served when such minimum standards are
exceeded. The review authority may impose conditions of approval when such are
found necessary.
Purpose.
This division establishes regulations for development within regulated flood hazard
areas in order to protect public health and safety, safeguard water quality, provide for
wildlife habitat and accomplish other public purposes. There are circumstances where
development within the floodplain either currently exists or may be permitted from time
to time to advance a public purpose. This division provides standards which shall be
met in order to promote the public health, safety and general welfare, to minimize flood
losses in areas subject to flood hazards, and to promote wise use of the floodplain. This
division has been established with the following purposes:
Generally, it is the purpose of this division to guide development of regulated flood
hazards areas within city limits consistent with the enumerated findings of this
division by:
Establishing zoning and subdivision regulations coincident with and applicable
to regulated flood hazard areas with special requirements and regulations to
protect the public health, safety, and welfare;
Recognizing the right and need of watercourses or drainways to periodically
carry more than the normal flow of water;
Participating in coordinated efforts of federal, state and local management
activities for 100-year floodplains;
Striving to ensure the regulations and minimum standards reasonably balance
the greatest public good with the least private injury;
Carrying out the provisions of this division in a fashion consistent with the
remainder of this chapter and the public policies set forth in the city's growth
policy;
Minimizing the need for rescue and relief efforts associated with flooding
undertaken at the expense of the general public;
Complying with minimum standards necessary for continued participation in
the National Flood Insurance Program as a community in good standing;and
Coordinating regulations addressing flood hazards with other regulations
adopted by the city and regulatory requirements imposed on the city by state
and federal agencies.
Specifically, it is the purpose of this division to:
60
Restrict or prohibit uses that are dangerous to health, safety and property in
times of flood, or that cause increased flood heights and velocities;
Require that developments and uses vulnerable to flood hazards, including
public utilities and facilities, satisfy minimum standards of this division at the
time of initial construction or substantial improvement to minimize flood
damage;
Identify lands unsuitable for certain development or uses because of flood
hazards;
Distinguish between regulations applied to the regulatory floodway and those
applied to that portion of the regulated flood hazard area not contained within
the regulatory floodway;
Apply more restrictive regulations within the regulatory floodway;
Ensure that those who develop or use land within a regulated flood hazard area
do not increase flood hazards to others and to the surrounding area;
Regulate the alteration of natural floodplains, stream channels, and natural
protective barriers that are needed to accommodate floodwaters; and
Regulate filling, grading, dredging and other development that may increase
flood hazards.
Land use restrictions.
Land subject to being flooded by a flood of 100-year frequency as defined by MCA 76-
5-101 et seq., or land deemed to be subject to flooding by the Floodplain Administrator,
may not be subdivided or developed for new buildings or any new uses that may
increase or aggravate flood hazards to public health, safety, and welfare or damage
property. Lands within a floodplain area are also subject to the restrictions of BMC
Sec.38.410.100 –Watercourse setback.
Disclosure provision.
All owners of property containing a regulated flood hazard area set forth in BMC Sec.
38.600.110 shall notify potential buyers or their agents that such property is subject to
the provisions of this division.
Abrogation and greater responsibility.
It is not intended by this division to repeal, abrogate, or impair any existing easements,
covenants, deed restrictions, or underlying zoning. However, where this division
imposes greater restrictions, the provisions of this division shall prevail.
Regulation interpretation.
The interpretation and application of the provisions of this division are intended to be
minimum requirements and not deemed a limitation or repeal of any other powers
granted by state statute or self-government status.
Compliance with regulations.
61
Compliance with this division shall be demonstrated in full prior to approval by the
review authority of any development occurring under this chapter 38 or chapter 10.
Compliance with this division shall also be provided in full prior to establishing,
expanding, or altering an artificial obstruction within a regulated flood hazard area.
Compliance with this division occurs by issuance of a floodplain permit by the
Floodplain Administrator unless the use,activity, or artificial obstruction is exempt
from the requirement to obtain a floodplain permit.
The issuance of a floodplain permit is independent of,and is in addition to,any other
type of approval required by any other statute or ordinance of the state or any political
subdivision or the United States.
Existing uses, activities and artificial obstructions that were lawful prior to the initial
creation of city floodplain regulations on March 19, 1975, or any repeal and
replacement or amendment thereto, that do not conform to this division are allowed to
remain in the state and location at which they existed at the time they first became
subjected to floodplain regulations without need for a floodplain permit.
Except as provided in subsection D of this section, an artificial obstruction within a
regulated flood hazard area that has not been issued a floodplain permit when one is
required is a public nuisance and subject to chapter 16, article 2.
Floodplain Administrator.
The Floodplain Administrator has been designated by the city commission to be the city
engineer, who may delegate Floodplain Administrator duties to a member of the city
engineering division staff,and has the responsibility and authority of such position as
contained in this division.
Regulated flood hazard areas.
This division applies to all lands within the boundaries of the city that are:
Located within designated special flood hazard areas established by the official
“FEMA Flood Insurance Study of Gallatin County, Montana, and Incorporated
Areas (Flood Insurance Study Number 30031CV001B)” and FEMA Flood
Insurance Rate Maps dated April 21, 2021; and, subject to BMC Sec.
38.600.120.A, any alterations made thereto by letters of map change issued by
FEMA expressly listed in the administrative procedures authorized by BMC Sec.
38.600.160.G.
Otherwise established by DNRC pursuant to MCA 76-5-101 et seq. to be located
within designated floodplains and floodways by a DNRC flood study that is
expressly listed in the administrative procedures authorized by BMC Sec.
38.600.160.G.
Identified as containing flood hazards determined by a flood hazard evaluation
performed in accordance with BMC Sec.38.600.150.
Independently determined by the Floodplain Administrator through engineering
analysis, or other objective and factual basis, as being subject to flood hazards.
62
Alterations to regulated flood hazard areas.
Any alterations to a regulatory floodway shall be designed and delineated to carry the
waters of the base flood without increasing the base flood elevation more than 0.50 feet
at any point.
Substantial natural physical alterations to a flooding source, or new technical or
scientific flood data showing that the base flood elevation or regulatory floodway has
been altered or was erroneously established, must be brought to the attention of FEMA
and DNRC by the Floodplain Administrator when such alteration or error is identified
for a regulated flood hazard area set forth in BMC Sec 38.600.110.A.1.
The official alteration of the base flood elevation or regulatory floodway for a regulated
flood hazard area set forth in BMC 38.600.110.A.1 occurs by a letter of map revision
issued by FEMA. An application for a letter of map revision must be supported by
DNRC and the Floodplain Administrator prior to its submittal to FEMA.
Interpretation of regulated flood hazard area boundaries.
Georeferenced Boundaries. Except where not available, the regulated flood hazard area
boundaries in BMC Sec.38.600.110 shall be determined by using the official
geographic information system georeferenced boundary data provided by FEMA,
DNRC, or the Floodplain Administrator.
Delineated Boundaries. The exact location of the regulated flood hazard area boundary
shall be delineated where the base flood elevation intersects natural ground. Except as
provided in subsection B.1 of this section, the boundaries of the regulatory floodway
shall be determined from the official flood insurance rate maps and floodway data
tables in the flood insurance study.
The regulatory floodways for the East Gallatin River, Bridger Creek between the
confluence with the East Gallatin River and Story Mill Road, and Bozeman Creek
and its tributaries shall be the georeferenced boundary in subsection A of this
section.
Surveyed Boundaries. The Floodplain Administrator may at its discretion require an on-
site survey and staking of the regulated flood hazard area boundary:
Prior to issuance of any floodplain permit;
For any use, activity, or artificial obstruction under an approved floodplain permit
that is not completed; or
For any use, activity, or artificial obstruction that appears upon reasonable
suspicion and inquiry to be located within the regulated flood hazard area without a
floodplain permit.
A property owner who believes their property has been inadvertently included in a
regulated flood hazard area set forth in BMC Sec.38.600.110.A.1 may submit scientific
and/or technical information to FEMA in the form of an application for a letter of map
change, which if approved by FEMA may modify the flood insurance rating of a
property. A letter of map change approved by FEMA does not impair or abrogate the
authority of the Floodplain Administrator from independently determining if a property
63
is subject to flood hazards pursuant to BMC Sec. 38.600.110.A.4 and the provisions of
this division.
Warning and disclaimer of liability.
This division does not imply that areas located outside of regulated flood hazard areas,
or permitted land uses, will always be totally free from flood hazards or flood damages.
This division does not create a liability or cause of action against the City of Bozeman
or any officer or employee thereof for flood damages that may result from reliance upon
this division.
Flood hazard evaluation.
Except as provided in subsection A.2 of this section, if any portion of a proposed
development contains a watercourse or drainway draining an area of 25 square miles or
more, and regulated flood hazard areas under BMC Sec.38.600.110 have not been
designated or identified, then the development applicant shall complete a detailed flood
study to delineate the 100-year floodplain and floodway of the watercourse or drainway
in accordance with applicable regulations, standards, and technical guidance provided
by DNRC under its state program for delineation of floodplains and floodways
authorized by MCA 76-5-201.
The detailed flood study shall be prepared and certified by a professional engineer.
The requirement to conduct a detailed flood study may be waived by the Floodplain
Administrator if the development applicant provides written communication from
DNRC stating that DNRC is unwilling or unable to provide technical assistance in
the production of a detailed flood study meeting the applicable regulations and
standards DNRC may have for this purpose.
If the detailed flood study is waived by the Floodplain Administrator, the
development applicant shall prepare a flood hazard evaluation report in
conformance with subsection C of this section, which shall be provided with a
preliminary plat or site plan application.
If any portion of a proposed development contains a watercourse or drainway draining
an area less than 25 square miles, and regulated flood hazard areas under BMC Sec.
38.600.110 have not been designated or identified, then, except as provided in
subsection B.1 of this section, the development applicant shall prepare a flood hazard
evaluation report in conformance with subsection C of this section, which shall be
provided with a preliminary plat or site plan application.
The requirement to provide a flood hazard evaluation report may be waived by the
Floodplain Administrator if the development applicant demonstrates to the
satisfaction of the Floodplain Administrator that the base flood discharge of the
watercourse will not adversely affect the land proposed for development at the time
of concept site plan or subdivision pre-application plan.
Contents of the flood hazard evaluation report shall include the following information at
a minimum:
64
Certification by a professional engineer that the flood hazard evaluation report is
prepared in accordance with this section;
Description of any mitigation required to protect the proposed development and
adjacent lands from 100-year flood hazards;
Scaled plan view exhibit(s) showing the following: watercourses and drainways,
property boundaries, existing topographic contours, proposed grading and drainage
contours, existing (pre-project) 100-year floodplain boundary, proposed (post-
project) 100-year floodplain boundary, and proposed project improvements.
Exhibit(s) shall be neat and orderly and contain a linetype legend, north arrow, and
drawing scale;
Hydrologic analysis performed in accordance with standard engineering practices
containing at a minimum: exhibit(s) depicting delineation of overall contributing
drainage basin and individual sub-basins, determination of base flood discharge,
narrative describing the basin delineation approach and hydrologic method(s) used
in discharge determination, and any supporting digital files and outputs produced
for the hydrologic analysis;
Hydraulic analysis performed in accordance with standard engineering practices
containing at a minimum: hydraulic modeling of the base flood discharge for
existing conditions (pre-project) and proposed conditions (post-project), scaled plan
view exhibit(s) depicting modeled cross sections, narrative describing hydraulic
model development and data sources used for critical inputs, description of existing
and proposed hydraulic structures, model outputs of water surface elevation in both
profile and cross section view, and digital model files; and
The report shall be formatted as a PDF document and include all digital supporting
files.
The Floodplain Administrator must review and approve all studies and reports required
under this section and may require additional information from the applicant prior to
approval.
Administration of regulations.
BMC Sections 38.410.100 and 38.600.050 establish a public policy to avoid new
development within floodplains, along with certain exceptions. The administration of
this division must be done in a fashion consistent with the letter and spirit of both these
sections.
The Floodplain Administrator has the authority to review floodplain permit applications
for proposed activities,uses,or artificial obstructions within regulated flood hazard
areas to determine compliance with this division.
The Floodplain Administrator may obtain, review and reasonably use any base flood
elevation and floodway data available from federal, state, or other sources.
At any time after a floodplain permit application has been filed, or a floodplain permit
has been issued and permitted work has not been completed, the Floodplain
Administrator may perform an onsite inspection of the subject property during regular
65
work hours without advance notice given to the applicant pursuant to BMC Sec.
38.200.050.
Unless specifically exempt from requirements to obtain a permit, a floodplain permit
must be obtained from the Floodplain Administrator prior to establishing, altering or
performing substantial improvements to a use, activity, or artificial obstruction within
the regulated flood hazard area.
Prior to the issuance of a floodplain permit, the Floodplain Administrator must ensure
all necessary permits have been received from those governmental agencies from which
approval is required by federal and state law and local codes, including but not limited
to:section 404 of the Federal Water Pollution Control Act of 1972, 33 USC 1334;
Endangered Species Act, 16 USC 1531 et seq.; and the Montana Natural Streambed and
Land Preservation Act, MCA 75-7-101 et seq.
The Floodplain Administrator may adopt administrative procedures necessary to
administer the provisions of this division.
The Floodplain Administrator is responsible for ensuring National Flood Insurance
Program prerequisites for the sale of flood insurance pursuant to 44 CFR 59.22(a) are
maintained.
In the event of a disaster declaration affecting properties in the FEMA special flood
hazard area, and as part of the disaster recovery effort, the Floodplain Administrator
upon completion of a cursory street level structure condition survey must notify
property owners that a floodplain permit is required prior to commencement of any
alteration or substantial improvements to buildings and structures damaged, or
substantially damaged, by the declared disaster.
The Floodplain Administrator may, at its discretion, represent the city for any
applications, approvals, or endorsements to FEMA affecting a special flood hazard area.
The Floodplain Administrator may require an applicant to provide additional
information necessary to make an informed determination as to whether a proposed or
existing use, activity, or artificial obstruction within the regulated flood hazard area
meets the requirements of this division. Additional information may include but is not
limited to hydraulic modeling; boundary delineations of the regulated flood hazard area
in accordance with BMC Sec.38.600.130; and certification by a registered land
surveyor or professional engineer or licensed architect within their areas of professional
expertise that the requirements of this division are satisfied.
The Floodplain Administrator may initiate enforcement actions authorized by this
division if additional information required is not provided.
The Floodplain Administrator must maintain public records pertaining to the
administration of this division, including items such as floodplain permit applications,
issued floodplain permits, FEMA elevation and floodproofing certificates, compliance
certifications, fee receipts, and other relevant documentation.
Subdivision and plan review and approval.
66
Any proposed development occurring under division 38.230 or division 38.240 of lands
containing a regulated flood hazard area set forth in BMC Sec.38.600.110.A.1 shall
satisfy the requirements of this section and BMC Sec. 38.410.100. Proposed
developments shall ensure that:
1.Flood damage potential is minimized;
2.Public utilities and facilities are constructed so as to minimize flood damage; and
3.Water supply and sanitary sewer infrastructure is designed to minimize or eliminate
infiltration.
Except as provided in subsection B.1 of this section, lots within a platted subdivision
shall not contain a regulated flood hazard area set forth in BMC Sec. 38.600.110.A.1 if
such lots are proposed for future residential, commercial,industrial, or other building
construction;or such lots are proposed for the placement of structures or storage of
materials.
1.Dedicated parkland and common open space within a platted subdivision may
contain regulated flood hazard areas.
An exhibit depicting the location of the georeferenced boundaries and the delineated
boundaries of regulated flood hazard areas set forth in BMC Sec. 38.600.110.A.1 in
relation to the proposed development shall be provided with all development
applications. These boundaries shall be shown in accordance with BMC Sec.
38.600.130.
1.If any portion of a proposed lot, building, structure, or permanent materials storage
location is within the georeferenced boundary and is completely outside the
delineated boundary, then a conditional letter of map amendment shall be obtained
from FEMA by the development applicant.
The conditional letter of map amendment application is subject to subsection E
of this section.
The conditional letter of map amendment issued by FEMA shall be provided
with the preliminary plat application or site plan application.
A letter of map amendment issued by FEMA subject to subsection F of
this section shall be provided by the development applicant prior to final
plat approval or receiving a certificate of occupancy.
2.If placement of fill is proposed within the delineated boundary of the flood fringe
to artificially elevate land to be above the base flood elevation, then a conditional
letter of map revision based on fill shall be obtained from FEMA by the
development applicant.
The conditional letter of map revision based on fill application is subject to
subsection E of this section.
The conditional letter of map revision based on fill issued by FEMA shall be
provided with the preliminary plat application or site plan application.
67
A letter of map revision based on fill issued by FEMA subject to
subsection F of this section shall be provided by the development
applicant prior to final plat approval or receiving a certificate of
occupancy.
3.If any use, activity, or artificial obstruction is proposed within the delineated
boundary of the regulatory floodway, then the development applicant shall
demonstrate that the carrying capacity of the regulatory floodway is not reduced in
accordance with BMC Sec. 38.600.260.C.
A regulatory floodway encroachment analysis shall be prepared by the
development applicant and initially submitted with a subdivision pre-
application or concept site plan application. The analysis shall be updated with
the preliminary plat application or site plan application to reflect any changes
to the proposed regulatory floodway encroachments.
If the regulatory floodway encroachment analysis indicates that the
proposed use, activity, or artificial obstruction in the regulatory floodway
causes an increase to the existing base flood elevation of more than 0.00
feet, then a conditional letter of map revision shall be obtained from
FEMA by the development applicant in accordance with BMC Sec.
38.600.260.C.2 and be provided with the preliminary plat application or
site plan application.
i.A letter of map revision subject to subsection F of this section shall be
provided by the development applicant prior to final plat approval or
receiving a certificate of occupancy.
4.A floodplain permit application meeting the requirements of this division shall be
prepared by the development applicant and provided to the Floodplain
Administrator for any use, activity, or artificial obstruction located within the
delineated boundary of the regulated flood hazard area. If a conditional letter of
map revision based on fill or a conditional letter of map revision are required under
this section, then they shall be obtained from FEMA by the applicant prior to
floodplain permit approval. The floodplain permit must be issued by the
Floodplain Administrator prior to:
Beginning construction of subdivision improvements, including the placement
of fill,that are located within the regulated flood hazard area for development
occurring under division 38.240; or
Obtaining final site plan approval for development occurring under division
38.230.
A subdivision final plat shall depict on the Conditions of Approval sheet the location of
the regulated flood hazard area,including and pursuant to any letter of map revision or
letter of map revision based on fill approved by FEMA,and base flood elevation data
shall be provided for each lot.
The Floodplain Administrator must review the conditional letter of map change
application and authorize its submittal to FEMA. FEMA conditional letter of map
change application types include:
68
Conditional letter of map amendment (CLOMA) –A letter from FEMA stating a
proposed use, activity, or artificial obstruction located on natural ground and not
including the placement of fill would not be inundated by the base flood if
completed as proposed.
Conditional letter of map revision based on fill (CLOMR-F) –A letter from FEMA
stating a parcel of land or portion thereof that is proposed to be elevated by fill
would not be inundated by the base flood if fill is placed on the parcel as proposed.
Conditional letter of map revision (CLOMR) –A letter from FEMA stating a
proposed use, activity or artificial obstruction in the regulatory floodway that
would, upon completion, affect the existing hydrologic or hydraulic characteristics
of the flooding source and result in an alteration of the regulatory floodway or the
base flood elevation, is allowable if the project is completed as proposed.
Submittal of a CLOMR application to FEMA is subject to BMC Sec.
38.600.260.C.2.
The Floodplain Administrator must review the letter of map change application and
authorize its submittal to FEMA. FEMA letter of map change application types
include:
Letter of map amendment (LOMA) –Officially amends the effective special flood
hazard area of a flood insurance rate map by confirming that natural ground is not
inundated by the base flood.
Letter of map revision based on fill (LOMR-F) –Officially revises the effective
special flood hazard area of a flood insurance rate map by confirming that the
parcel of land or portion thereof has been elevated by fill to be above the base
flood.
Letter of map revision (LOMR) –Officially revises the effective special flood
hazard area of a flood insurance rate map and the base flood elevation or regulatory
floodway in the effective flood insurance study. A LOMR usually results in
republishing a portion of the flood insurance rate map.
Floodplain permit application requirements.
A floodplain permit application shall be filed with the Floodplain Administrator and at a
minimum include the following information:
A completed and signed Joint Application for Proposed Work in Montana’s
Streams, Wetlands, Floodplains, and Other Water Bodies;
A copy of all other applicable permits or pending applications required by local,
federal or state law for the proposed project, which may include but are not limited
to a 310 permit, SPA 124 permit, 318 authorization, section 404 permit,401
certification, and endangered species act section 10 permit;
A copy of the effective flood insurance rate map with the project site identified;
A scaled plan view exhibit(s) showing:
Linetype legend, drawing scale, and north arrow;
69
Proposed project site and property lines;
Georeferenced boundary of the regulated flood hazard area per BMC Sec.
38.600.130.A;
Existing and proposed structures;
Existing and proposed utilities;
Proposed excavation and/or fill locations; and
Location of stored or stockpiled materials;
Additional information related to the proposed use, activity or artificial obstruction
that documents compliance with applicable development requirements of this
division;
A written response explaining how each of the factors considered in the decision to
issue a floodplain permit set forth in BMC Sec.38.600.210.G are satisfied by the
design of the proposed use, activity or artificial obstruction;
Application review fee in the amount established by city commission resolution;
Mailing labels for all adjoining property owners, including those across roads and
across watercourses or drainways; and
The number and format of copies of the floodplain permit application as
established by the Floodplain Administrator shall be submitted. Applications must
include the signature of the applicant and land owner(s), which for properties in
common ownership shall include evidence of proper authority for the owner
signatory.
If the floodplain permit application was prepared by a person other than the
identified property owner or applicant, then the person that prepared the
application shall sign as contractor.
The Floodplain Administrator may require additional information for the floodplain
permit application depending on the nature of the proposed use, activity or artificial
obstruction, including but not limited to:
Scaled topographic plan view exhibit(s) of the project area with 1-foot contours and
elevation values displayed in NAVD88 vertical datum depicting:
Linetype legend, drawing scale, and north arrow;
Existing ground contours certified by a professional engineer or registered land
surveyor;
Location of watercourse or drainway channel and banks;
Delineated boundary of the regulated flood hazard area pursuant to BMC Sec.
38.600.130.B;
Proposed ground contours and delineation of proposed regulated flood hazard
boundaries pursuant to a conditional letter of map change issued by FEMA;
and
70
Location of all proposed improvements and artificial obstructions;
Cross sections of the proposed project that clearly differentiate between existing
site conditions and proposed site conditions;
Proposed building elevations showing the elevation of the lowest floor,including
any basement or crawlspace, proposed finished ground elevation, and the base
flood elevation;
Specifications for floodproofing, filling, excavating, grading, bank stabilization,
storage of materials and location of utilities;
Construction plans and specifications for road and utility crossings;
Flood scour analyses for utility crossings and bridge abutment designs;
Construction plans and specifications for stream restoration projects;
A hydraulic model prepared and certified by a professional engineer demonstrating
the impact of the proposed project on the base flood elevations at and proximate to
the project site;
A floodway encroachment analysis and no-rise certification prepared in accordance
with BMC Sec.38.600.260.C.1 and signed by a professional engineer together with
any hydraulic modeling utilized for the no-rise analysis.
For projects in the regulatory floodway that cause a rise in the existing base flood
elevation, a conditional letter of map revision issued by FEMA;
For a new building, or alteration or substantial improvement to an existing
building, a completed FEMA elevation certificate based on construction drawings;
For projects involving the placement of fill in the flood fringe, a conditional letter
of map revision based on fill issued by FEMA;
A professional engineer's or registered architect's certification within their
respective areas of expertise that the proposed use, activity, or artificial obstruction
has been designed to be in compliance with this division;and
Any other relevant information deemed necessary by the Floodplain Administrator
to demonstrate that the proposed activity, use, or artificial obstruction is in
compliance with this division, the Montana Floodplain and Floodway Management
Act, or the requirements of the National Flood Insurance Program.
Floodplain permit application review.
Within 10 working days of receipt of a floodplain permit application and required
application review fee, the Floodplain Administrator must review the application for
acceptability to determine if the application omits any of the minimum information
required and whether any additional information in sufficient detail and accuracy is
required to enable the Floodplain Administrator to determined compliance with this
division. If the application is determined to not include the minimum information
required or needs additional information,the Floodplain Administrator must notify the
applicant in writing of the information required to deem the application acceptable. The
71
applicant shall have 60 working days to provide the required information or a new
floodplain permit application shall be submitted.
The process in subsection A of this section will be repeated until the Floodplain
Administrator determines the application is acceptable. If the application is not deemed
acceptable by the Floodplain Administrator after the third notice, or if the applicant
does not respond to a notice within the timeframe specified, the Floodplain
Administrator may deny the application.
Once the Floodplain Administrator is satisfied that the application is acceptable, the
Floodplain Administrator must review the application for compliance with this division.
A determination that the application is acceptable does not guarantee that the floodplain
permit application will be approved or conditionally approved and does not limit the
ability of the Floodplain Administrator to request additional information during the
compliance review process to ensure conformance with this division.
The Floodplain Administrator must approve, approve with conditions, or deny a
floodplain permit application within 60 working days of receipt of an acceptable
application, except if the applicant in writing agrees to accept an extended timeframe.
Floodplain permit application notice requirements.
Upon receipt of a floodplain permit application deemed acceptable,the Floodplain
Administrator must prepare a notice according to the requirements of division 38.220 of
this chapter. Notice by first-class mail must be provided by the Floodplain
Administrator to adjoining property owners listed in the application.
The Floodplain Administrator must serve notice of the floodplain permit application to
the state National Flood Insurance Program coordinator.
The Floodplain Administrator must provide notice to adjacent communities, the state
National Flood Insurance Program coordinator, and FEMA for any project involving the
alteration or relocation of a watercourse containing a special flood hazard area set forth
in BMC Sec. 38.600.110.A.1.
Floodplain permit issuance.
The Floodplain Administrator may only approve a floodplain permit application and
issue a floodplain permit when the activities, uses or artificial obstructions described in
the floodplain permit application are in full compliance with this division and applicable
provisions of this chapter.
The Floodplain Administrator must issue a written decision to approve, conditionally
approve, or deny a floodplain permit within the timeframe provided by this division.
The applicant must demonstrate to the satisfaction of the Floodplain Administrator that
the floodplain permit application is not in conflict with any other applicable permits
obtained for the proposed use, activity or artificial obstruction prior to floodplain permit
issuance.
A floodplain permit for a use, activity or artificial obstruction in the regulatory
floodway that causes an increase of more than 0.00 feet to the existing base flood
72
elevation must not be issued until a conditional letter of map revision, subject to BMC
Sec.38.600.260.C.2.a, is approved by FEMA.
A letter of map revision may be required by the Floodplain Administrator when a
proposed use, activity, or artificial obstruction in the regulatory floodway is:
1.Certified by a professional engineer to not cause an increase of more than 0.00 feet
in the existing base flood elevation;and
2.The existing base flood elevation or existing regulatory floodway is determined to
be substantially different than the effective base flood elevation or effective
regulatory floodway due to:
Natural physical alterations to the flooding source affecting its plan form and
grade;or
Proposed conditions modeling conducted to evaluate project-related impacts.
A floodplain permit must not be issued until any FEMA conditional letters of map
change required by BMC Sec.38.600.170 are provided by the applicant.
The Floodplain Administrator must consider the following factors in the floodplain
permit issuance decision:
The danger to life and property due to increased flood heights, increased flood
water velocities or alterations in the pattern of flood flow caused by the proposed
use, activity,or artificial obstruction;
The danger that materials may be swept onto other lands or downstream to the
injury of others;
The construction or alteration of the proposed use, activity,or artificial obstruction
is conducted in such manner as to lessen the flooding danger;
Impacts to water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions, and whether sanitation
systems will be located to avoid surcharge during flooding;
The susceptibility of the proposed use, activity, or artificial obstruction to flood
damage and the effects of such damage on the individual owner;
The importance of the services provided by the use, activity or artificial obstruction
to the community;
The proposed use, activity or artificial obstruction will be reasonably safe from
flooding;
The drainage at the site is adequate to reduce exposure to flood hazards;
The requirement of the facility for a water-front location;
The availability of alternative locations not subject to flooding for the proposed
use, activity, or artificial obstruction;
The compatibility of the proposed use, activity, or artificial obstruction with
existing development and anticipated development in the foreseeable future;
73
The permanence of the proposed use, activity, or artificial obstruction;
The relationship of the proposed use, activity, or artificial obstruction to any
adopted growth policy or other plans covering the project area;
The safety of access to property in times of flooding for ordinary and emergency
services; and
Such other factors as are consistent with the purposes of this division, this chapter,
the Montana Floodplain and Floodway Management Act and the National Flood
Insurance Program.
The floodplain permit must be issued in the name of the landowner on the floodplain
permit application form. When a floodplain permit is issued the landowner becomes the
permittee and responsible party for all floodplain permit requirements.
Floodplain permit conditions and requirements.
The Floodplain Administrator may attach conditions of approval to a floodplain permit
to ensure compliance with this division and may require reasonable mitigation of
adverse impacts.
The Floodplain Administrator may require the permittee to record a notice of decision
of the floodplain permit in the office of the Gallatin County Clerk & Recorder to notify
successors in interest of the permit requirements and that such property is located in a
regulated flood hazard area.
Completion of the use, activity, or artificial obstruction authorized under the floodplain
permit shall be limited to the scope contained in the floodplain permit application and
any conditions of floodplain permit approval.
The permittee shall submit a compliance report to the Floodplain Administrator within
30 days of project completion, or other timeframe as may be specified by the Floodplain
Administrator, that certifies that the permitted use, activity, or artificial obstruction was
completed in accordance with the approved permit. The compliance report shall
include any letters of map change approved by FEMA applicable to the project as well
as applicable FEMA floodproofing certificates and FEMA elevation certificates.
The permittee shall maintain the permitted use, activity, or artificial obstruction in
compliance with the floodplain permit.
The permitted use, activity, or artificial obstruction must be completed within one year
from the date of floodplain permit issuance, or a completion timeline identified in the
floodplain permit application that is determined reasonable by the Floodplain
Administrator, whichever is later.
The Floodplain Administrator may require the permittee to provide periodic oversight
by a professional engineer or licensed architect and provide interim reports during the
construction period.
The Floodplain Administrator may require the permittee to submit annual performance
and maintenance reports for a period of up to 5 years, or a time specified in the
floodplain permit, for bank stabilization or stream restoration projects utilizing
vegetative components.
74
For uses, activities, and artificial obstructions in which a conditional letter of map
revision has been approved by FEMA, or for those projects in the regulatory floodway
that Floodplain Administrator has determined under BMC Sec.38.600.210.E that a
letter of map revision is required, the permittee shall prepare and submit a letter of map
revision application to FEMA, and applicable application fees, within 6 months of
project completion and shall pursue the application until FEMA issues approval.
Failure to do so constitutes a violation of this division.
Extensions to floodplain permit approval period.
The permittee may request an extension of the duration of the floodplain permit
approval. The extension request must be made in writing not less than 30 days before
the permit expiration date and present the reasons for which the request is being made
along with a description of work completed and work remaining. The Floodplain
Administrator may approve, conditionally approve, or deny the extension request.If a
permittee requests an extension within 30 days before the permit expiration date, the
permittee must pay an additional floodplain permit application fee.
If the permittee makes an extension request after the permit has expired, the Floodplain
Administrator may require the permittee to file a new floodplain permit application for
review and approval. The new floodplain permit application must present the reasons
for which the new application is being made along with a description of the work
completed and work remaining. The Floodplain Administrator may approve,
conditionally approve, or deny the new floodplain permit application.
Uses, activities, and artificial obstructions within regulated flood hazard
areas exempt from floodplain permitting,but subject to BMC Sec.
38.410.100.
Any use, activity, or artificial obstruction within the regulated flood hazard area
established by BMC Sec.38.600.110.A.3 is exempt from obtaining a floodplain permit,
unless upon the discretion of the Floodplain Administrator a floodplain permit is
determined to be required.
The following open space uses, activities, and artificial obstructions shall be allowed in
regulated flood hazard areas without obtaining a floodplain permit, provided they are
not prohibited by this chapter or state statute, do not require buildings or structures, and
do not require fill, grading, excavation, or storage of materials or equipment:
Agricultural uses such as tilling, farming, irrigation, ranching, harvesting, and
grazing, but not including structures related to agricultural uses;
Forestry uses, including processing of forest products with portable equipment;
Recreational vehicle use or storage,provided that the vehicle is on the site for
fewer than 180 consecutive days or the vehicle is fully licensed and ready for
highway use. A recreational vehicle is ready for highway use if it is on its wheels
or jacking system with wheels intact, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached
additions;
Residential uses such as lawns, gardens, and play areas;
75
Maintenance of existing open space uses that do not increase the flood hazard
potential;
Preventive maintenance activities for transportation infrastructure such as bridge
deck rehabilitation and roadway pavement preservation activities that are not
considered alterations;
Public or private recreational uses that do not include structures such as picnic
grounds, swimming areas, parks, golf courses, driving ranges, archery ranges,
wildlife management and natural areas, alternative livestock ranches (game farms),
fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, and hiking and horseback riding trails;
Fences that have a low impact to the flow of water such as barbed wire fences and
wood rail fences, except permanent fences crossing channels. Fences that have the
potential to stop or impede water flow or debris require a floodplain permit;
Addition of roadway guardrail, signing and utility poles that have a low impact to
the flow of water along an existing roadway; and
Irrigation and livestock supply wells, provided that they are located at least 500 feet
from domestic water supply wells and the top of the well casing is 18” above the
base flood elevation.
Uses, activities, and artificial obstructions prohibited within regulated
flood hazard areas.
The following uses,activities, and artificial obstructions are prohibited in the regulatory
floodway:
New buildings and structures, including appurtenant or accessory buildings and
structures, used for any purpose;
Uses, activities, or artificial obstructions, that cause water to be diverted from the
regulatory floodway, cause erosion, obstruct the natural flow of water, or reduce
the carrying capacity of the floodway;
Construction or storage of artificial obstructions subject to flotation or movement
during flood level periods;
Solid or hazardous waste disposal systems;
Onsite wastewater treatment systems;
Public and private campgrounds, and buried and sealed vaults for sewage disposal
in campgrounds and recreational areas;
Domestic water supply wells;
Storage of toxic, flammable, hazardous or explosive materials; and
Mining or excavation of material from pits or pools not in connection with a
channelization, streambank restoration, or stream stabilization project.
The following uses, activities, and artificial obstructions are prohibited in the flood
fringe:
76
Construction or storage of an artificial obstruction subject to flotation or movement
during flood levels, if the Floodplain Administrator determines the flotation or
movement of the artificial obstruction would pose a risk to public health, welfare,
or safety;
Solid or hazardous waste disposal systems;
Onsite wastewater treatment systems;
Public and private campgrounds, and buried and sealed vaults for sewage disposal
in campgrounds and recreational areas;
Domestic water supply wells; and
Storage of toxic, flammable, hazardous or explosive materials.
Placement of fill to elevate land not otherwise performed in connection with a
proposed development occurring under chapter 38 or chapter 10.
The following uses, activities, and artificial obstructions are prohibited in regulated
flood hazard areas without a regulatory floodway and flood fringe:
Uses, activities and artificial obstructions prohibited by subsection B of this
section; and
Any use, activity, or artificial obstruction that causes an increase of more than 0.50
feet to the base flood elevation.
Development requirements for uses, activities, and artificial obstructions
permitted in the regulatory floodway subject to issuance of a floodplain
permit and BMC Sec.38.410.100.
When a site specific exemption or relaxation of the standards of BMC Sec.38.410.100
allow utilization of a portion of the regulated flood hazard area, the uses, activities and
artificial obstructions contained in this section, including alterations and substantial
improvements to existing artificial obstructions, may be permitted in the regulatory
floodway subject to the issuance of a floodplain permit by the Floodplain
Administrator.
All uses, activities and artificial obstructions permitted in the regulatory floodway shall
be designed and constructed to minimize flood damage and ensure they do not
adversely affect the flood hazards of other properties or be swept downstream to the
injury of others.
The applicant must assure that all uses, activities and artificial obstructions do not
reduce the carrying capacity of the regulatory floodway by:
Providing a regulatory floodway encroachment analysis, prepared and certified by a
professional engineer, demonstrating that the use, activity, or artificial obstruction
does not cause an increase to the existing base flood elevation of more than 0.00
feet (“no-rise”) and does not significantly increase the velocity of flow. Except as
provided in subsection C.1.a of this section, the no-rise analysis shall be prepared
in accordance with FEMA guidance for no-rise certifications for developments in
regulatory floodways.
77
At the discretion of the Floodplain Administrator,a different approach to
demonstrate and certify no-rise may be allowed given the scope and nature of
the proposed use, activity, or artificial obstruction. The approach used shall be
acceptable to the Floodplain Administrator and be performed in accordance
with standard engineering practice.
Providing a conditional letter of map revision approved by FEMA, the application
for which must first be supported by the Floodplain Administrator and the DNRC
subject to subsection C.2.a of this section,for any use, activity, or artificial
obstruction that causes an increase to the existing base flood elevation of more than
0.00 feet, or significantly increases the velocity or flow of the watercourse or
drainway, or substantially alters the location of the regulatory floodway.
A conditional letter of map revision is a prospective alteration of the regulated
flood hazard area and is subject to MCA 76-5-203. Alterations to the
regulatory floodway must be designed and delineated so as to carry the waters
of the base flood without increasing the base flood elevation more than 0.50
feet at any point. Written support to file a conditional letter of map revision
application with FEMA shall be obtained from DNRC and the Floodplain
Administrator by the applicant providing the following information to DNRC
and the Floodplain Administrator:
Certification that no buildings are located in areas impacted by increased
base flood elevations;
Information demonstrating that alternative designs or approaches that do
not cause an increase to the base flood elevation are not feasible;
Any other information required by DNRC or the Floodplain Administrator
to gain support for the filing of a conditional letter of map revision
application with FEMA.
Substantial improvement to existing buildings and alteration of existing structures may
be permitted, provided that:
All applicable requirements in BMC Sec.38.600.270 are met;
The existing building or structure shall not be elevated by means of new or
additional fill; and
An alteration to expand the horizontal dimensions of an existing building is not
occurring.
Watercourse crossings for pedestrian and transportation facilities may be permitted,
provided that:
Crossings shall be generally oriented as perpendicular to the direction of flow as
practicable;
Footings for bridge piers and abutments shall be buried below the maximum
calculated depth of scour during the base flood discharge as calculated and certified
by a professional engineer;
78
Where failure or interruption of public transportation facilities would result in
danger to public health or safety, and wherever practicable:
a.Bridge low chord elevations shall have at least two feet of freeboard above the
base flood elevation;
b.Culverts shall be designed to pass the base flood discharge and provide at least
two feet of freeboard to the crossing surface; and
Except for those public bridges maintained by the Montana Department of
Transportation, bridges for public transportation facilities shall meet applicable
design and construction standards established by Gallatin County by authority of
MCA 7-14-2204.
Limited filling for transportation facility embankments not in connection with
watercourse crossings may be permitted, provided that:
Fill placed is a suitable material for the transportation facilities;
Reasonable alternate transportation routes outside the regulatory floodway are not
available; and
The floodway encroachment is located as far from the stream channel as possible.
Buried or suspended utility transmission and service lines may be permitted, provided
that:
Suspended utility lines are designed such that the lowest point of the suspension is
at least six feet higher than the base flood elevation;
Towers, poles,and other appurtenant structures are designed and placed to
withstand and offer minimal obstruction to flood flows;
Alternatives routes, directional drilling, and aerial routes are considered when
practicable; and
Utility transmission and service lines carrying toxic or flammable materials are
buried to a depth of at least twice the maximum scour depth for the base flood
discharge as calculated and certified by professional engineer.
Storage of materials and equipment not otherwise prohibited may be permitted,
provided that:
The material or equipment is not subject to damage by flooding and is properly
anchored to prevent flotation or downstream movement; or
The material or equipment is readily removable within the limited time available
after flood warning.
Construction or alteration of surface water diversion structures may be permitted,
provided that:
Potential erosion from a base flood shall be minimized; and
A professional engineer shall design and certify that any permanent diversion
structure in the watercourse or drainway can withstand hydrodynamic, hydrostatic,
79
buoyancy, and scour forces associated with the base flood discharge as well as ice
damage and debris impacts.
Construction or alteration of levees and floodwalls may be permitted, provided that:
A professional engineer shall design and certify that the levee or floodwall can
withstand hydrodynamic, hydrostatic, buoyancy, and scour forces associated with
the base flood discharge as well as ice damage and debris impacts;
Materials used for construction are suitable materials designed to withstand the
base flood discharge;
Constructed height shall be at least 3 feet higher than the base flood elevation;
All state and federal levee and floodwall engineering and construction standards are
met; and
If the levee or floodwall protects structures of more than one landowner,it shall be
publicly owned and maintained.
Streambank, pier and abutment stabilization or protection projects may be permitted,
provided that:
A professional engineer shall design and certify that the project can withstand
hydrodynamic, hydrostatic, buoyancy, and scour forces associated with the base
flood discharge;
Materials used and construction methods employed are the least environmentally
damaging practicable for the proposed application;
Vegetative components, if any, must be established and mature within five years of
installation, or other timeframe as may be required by the Floodplain
Administrator, and once established and mature do not require substantial yearly
maintenance;
If materials for the project are designed to biodegrade or erode over time they shall
not fail catastrophically to the impact of others and the design amount and rate of
erosion shall be similar to what existing stable natural streambanks experience
during the base flood discharge; and
Potential erosion upstream, downstream, across from or adjacent to the project site
during the base flood discharge shall not be increased beyond the erosion rate of
existing stable natural streambanks.
Channelization projects may be permitted, provided that:
The requirements of subsection K of this section shall be met; and
The excavation and construction of the stream channel is for the purpose of altering
or relocating a watercourse or drainway and diverting the entire flow of the stream,
or a portion thereof, from its presently established course and shall accommodate
and not increase the magnitude or velocity of the base flood discharge;
A conditional letter of map revision must be approved by FEMA pursuant to
subsection C.2 of this section.
80
Stream and bank restoration projects may be permitted, provided that:
The intent of the project is to reestablish the terrestrial and aquatic attributes of a
natural stream and is not for the protection of a structure or a streambank
stabilization project; and
The requirements of subsections K and L of this section are satisfied, except for the
requirement to obtain a conditional letter of map revision,which may not be
required in all instances depending upon the extent and nature of the stream or bank
restoration project.
Dams may be permitted, provided that:
Design and construction shall be in accordance with the Montana Dam Safety Act,
MCA 85-15-101 et seq.;
The project shall not increase the flood hazards downstream either through
operational procedures or improper hydrologic or hydraulic design; and
A conditional letter of map revision must be approved by FEMA pursuant to
subsection C.2 of this section.
Development requirements for uses, activities and artificial obstructions
permitted in the flood fringe subject to issuance of a floodplain permit
and BMC Sec.38.410.100.
When a site specific exemption or relaxation of the standards of BMC Sec.38.41.100
allow utilization of a portion of the regulated flood hazard area, the uses, activities and
artificial obstructions contained in this section, including alterations and substantial
improvements to artificial obstructions, may be permitted in the flood fringe subject to
issuance of floodplain permit.
All uses, activities, and artificial obstructions permitted in the regulatory floodway
pursuant to BMC Sec.38.600.260 may also be permitted in the flood fringe subject to
issuance of a floodplain permit by the Floodplain Administrator.
The requirements of this section shall also apply to uses, activities and artificial
obstructions located in a regulated flood hazard area without a regulatory floodway and
flood fringe, subject to:
An encroachment analysis shall be prepared and certified by a professional
engineer demonstrating that the use, activity, or artificial obstruction in the
regulated flood hazard area does not increase the identified base flood elevation
more than 0.5 feet and does not significantly increase flood velocities or alter flood
hazards to the detriment of upstream, downstream, or adjacent properties.
The new construction, alteration, and substantial improvement of residential and non-
residential buildings and structures may be permitted, provided that:
Such buildings and structures shall conform to the requirements of this chapter and
chapter 10 and are not prohibited by any other statute, regulation, ordinance or
resolution;
Such buildings and structures are compatible with local growth policies;
81
Such buildings and structures are constructed by methods and practices that
minimize flood damage, and are reasonably safe from flooding and anchored to
resist flotation, collapse and lateral movement;
Grading around such buildings and structures is provided with adequate surface
drainage;
All materials used for construction are resistant to flooding to an elevation at least
two feet above the base flood elevation;
New construction, alteration, and substantial improvement of residential buildings
and structures, including manufactured homes, shall be elevated so that the lowest
floor is at least two feet above the base flood elevation by any of the following
means:
On suitable structural fill, foundation wall enclosure, stem walls, pilings, posts,
piers, columns or other acceptable means.
If elevated on suitable structural fill, the fill must be extended at an elevation
no lower than the base flood elevation for a minimum distance of 15 feet in all
directions beyond the foundation walls, unless physical constraints exist that
make strict compliance impracticable and the Floodplain Administrator
approves a lesser distance, and be certified by a professional engineer to meet
the following:
Fill material must be suitable for its intended purpose and be clean, well
graded, pervious, not adversely affected by water and frost, devoid of trash
or similar foreign matter, and free of tree stumps or other organic material;
Fill material must be compacted to 95 percent of its maximum density as
determined by standard proctor testing in accordance with ASTM D698
standards;
Fill must not be placed within the regulatory floodway; and
Fill slope must be less than 1.5:1 unless physical constraints exist, in
which case a retaining wall is allowed if the wall is adequately protected
from erosion;
For new placement, substantial improvement, or replacement of manufactured
homes, including those used for non-residential purposes, the building chassis shall
be secure and resist flotation, collapse and lateral movement by anchoring with
components capable of carrying a force of 4,800 pounds in addition to the
following:
For manufactured homes less than fifty feet long, over-the-top ties to ground
anchors shall be provided at each of the four corners of the building, with two
additional ties provided per side at intermediate locations; or
For manufactured homes more than fifty feet long, frame ties to ground
anchors shall be provided at each corner of the building, with five additional
ties per side provided at intermediate points;
82
Non-residential buildings and structures shall be elevated so that the lowest floor is
at least two feet above the base flood elevation in accordance with requirements of
subsection D.6 of this section or shall be certified by a professional engineer or
registered architect to be adequately floodproofed in accordance with the following:
The lowest floor of the building or structure must be adequately wet or dry
floodproofed to an elevation at least two feet above the base flood elevation;
The building or structure shall be designed to withstand hydrostatic,
hydrodynamic, and buoyancy forces of the base flood;
Wet floodproofing is only permitted when the lowest floor of a building or
structure is used for parking, loading, or storage of equipment or materials not
appreciably affected by floodwater,
Wet floodproofing must provide adequate openings to equalize hydrostatic
forces; and
Dry floodproofing must not allow floodwaters to cause internal flooding of the
building or structure by using impermeable membranes and materials for
construction of floors and walls, and must ensure that all windows, doors and
other openings are watertight and do not allow the passage of floodwaters;
Except as provided in subsection D.9.a of this section, appurtenant or accessory
buildings and structures for residential, non-residential, and agricultural purposes
shall be elevated or floodproofed to an elevation at or above the base flood
elevation and be adequately anchored to resist flotation, collapse and lateral
movement. Means of elevating or floodproofing shall be in accordance with
subsections D.6 and D.8 of this section.
a.Attached and detached garage structures used exclusively for parking or
storage of equipment and materials not appreciably affected by floodwater
shall be elevated in accordance with subsection D.6 of this section.
The floor elevation of any crawlspace foundation enclosures, including subgrade
crawlspaces with a floor elevation no more than two feet below the lowest adjacent
grade of the building on all sides, shall be at or above the base flood elevation and
contain flood openings designed and certified by a professional engineer to meet or
exceed the following:
Equalize hydrostatic forces on foundation walls by allowing the automatic
entry and exit of floodwaters through screens, louvers, valves, or other covers
or devices;
Have two or more openings with a total net area of not less than one square
inch for every one square foot of enclosed area below the lowest floor.
Openings shall be located on a minimum of two walls, except for subgrade
crawlspace enclosures where a minimum of two openings may be provided on
a single wall; and
The bottom of all openings shall be no higher than one foot above the higher of
the exterior adjacent grade elevation or the crawlspace floor elevation;
83
Basements are considered the lowest floor of a building and shall be elevated two
feet or more above the base flood elevation. A basement includes any floor that is
more than two feet below the lowest adjacent grade of the building on all sides.
All electrical systems shall be certified by a professional engineer to satisfy all
applicable flood hazard area provisions of the current adopted building codes set
forth in chapter 10 along with the following requirements. If conflicts exist
between this division and chapter 10, then chapter 10 requirements shall govern.
All incoming power service equipment including all metering equipment,
control centers, transformers, distribution and lighting panels,and all other
stationary equipment shall be located at least two feet above the base flood
elevation;
Portable and movable electrical equipment may be placed below the base flood
elevation, provided that the equipment can be disconnected by a single plug
and socket assembly of the submersible type;
The main power service lines must have automatically operated electrical
disconnect equipment or manually operated electrical disconnect equipment
located at an accessible remote location outside the regulated flood hazard area
or shall be two feet above the base flood elevation; and
All electrical wiring systems installed below the base flood elevation shall be
suitable for continuous submergence and may not contain fibrous components;
All mechanical systems shall be certified by a professional engineer to satisfy all
applicable flood hazard area provisions of the current adopted building codes set
forth in chapter 10 along with the following requirements. If conflicts exist
between this division and chapter 10, then chapter 10 requirements shall govern.
Float operated automatic control valves shall be installed so that fuel supply is
automatically shut off when flood waters reach the floor level where
mechanical systems are located;
Manually operated gate valves shall be installed on gas supply lines. The gate
valves shall be operable from a location above the base flood elevation;
Electrical components of the HVAC systems shall meet the requirements of
subsection D.12 of this section; and
Furnaces,cooling units, and all associated ductwork shall be installed at least
two feet above the base flood elevation.
All plumbing systems shall be certified by a professional engineer to satisfy all
applicable flood hazard area provisions of the current building codes set forth in
chapter 10 along with the following requirements. If conflicts exist between this
division and chapter 10, then chapter 10 requirements shall govern:
The building sewer line shall have a backwater valve installed to prevent
sewage backup into the building; and
84
All toilets, stools, sinks, urinals, vaults, and drains shall be located so the
lowest point of possible flood water entry is at least two feet above the base
flood elevation.
Recreational vehicles may be permitted, provided that:
Recreational vehicles that are on site for more than 180 days out of the year, or are
not ready for highway use, shall meet the manufactured home requirements in
subsections D.6 and D.7 of this section.
Mining or excavation of material from pits or pools provided that:
1.A buffer strip of undisturbed land of sufficient width to prevent the base flood from
channeling into the mine or excavation is left between the edge of the channel and
the edge of the mine or excavation;
2.The mine or excavation meets all applicable laws and regulation of other local and
state agencies; and
3.Mined or excavated material is stockpiled outside of the regulatory floodway.
All other uses, activities and artificial obstructions not otherwise prohibited by BMC
Sec. 38.600.250.B or any other provision of chapter 38 may be permitted in the flood
fringe subject to issuance of a floodplain permit.
Waiver of floodplain permit requirements prior to undertaking
emergency repair or replacement or temporary protective measures.
This division is not intended to prevent a person or entity from taking temporary
protective measures necessary to safeguard life, buildings, or structures during periods
of flooding emergency. A person or entity shall make a reasonable effort to notify the
Floodplain Administrator prior to initiating such temporary protective measures within
the regulated flood hazard area. If prior notice is not practical, a person or entity shall
provide notice to the Floodplain Administrator in all cases no later than five days after
the temporary protective measure was undertaken. Temporary protective measures
shall not be located in the channel of the regulatory floodway or increase the flood
hazard to others,and shall be entirely removed upon cessation of the flooding
emergency.
Emergency repair and replacement of severely damaged public transportation facilities,
public water and sewer facilities, public utility electricity and natural gas distribution
facilities, and flood control works may be authorized and floodplain permit
requirements waived prior to undertaking such emergency work if:
Upon notification and prior to emergency repair and/or replacement, the Floodplain
Administrator determines that an emergency condition exists warranting immediate
action; and
The Floodplain Administrator agrees upon the nature and type of proposed
emergency repair and/or replacement.
Authorization to undertake such emergency repair and replacement work may be
given orally if the Floodplain Administrator believes that a written authorization
would unduly delay the emergency works. Such oral authorization must be
85
followed by a written authorization describing the emergency condition, the type of
emergency work agreed upon, and a statement that oral authorization had been
previously given.
Nothing in this section impairs or abrogates the authority of the Floodplain
Administrator from requiring a floodplain permit be obtained retroactively by a person
or entity undertaking emergency repair, replacement, or temporary protective measures
upon cessation of the emergency conditions that gave rise to the emergency repair,
replacement, or temporary protective measures. The Floodplain Administrator may
require the permittee to complete remedial work or activities necessary to achieve
compliance with this division.
Variances.
A variance from the minimum requirements of this division may be authorized as set
forth in this section and division 38.250 of this chapter. The granting of a variance by
the review authority authorizes the Floodplain Administrator to issue a floodplain
permit that otherwise would conflict with the minimum requirements of this division.
In no case may the review authority authorize a variance from a use, activity, or
artificial obstruction prohibited by state or federal law.
In addition to submittal materials for variances set forth in BMC Sec. 38.220.160, a
variance from the minimum requirements of this division shall be accompanied by a
floodplain permit application deemed acceptable by the Floodplain Administrator
pursuant to BMC Sec.38.600.190, and be noticed publicly pursuant to Table
38.220.420.
Variances may be issued for the repair, rehabilitation or substantial improvement of a
structure designated as historic by the U.S. Secretary of Interior or an approved state or
local government historic preservation program upon a determination that the proposed
repair, rehabilitation or substantial improvement will not preclude the continued
designation of the structure as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
Variances from this division shall conform to 44 CFR 60.6(a)and ARM 36.15.218.
The Floodplain Administrator must maintain records of variance notifications and
actions, including justifications for variance issuance, and forward all variance actions
to the DNRC and FEMA upon disposition.
Appeals.
Appeals from administrative project decisions or administrative interpretations made
under this division may be taken as set forth in division 38.250 of this chapter. Appeal
submittal materials applicable under division 38.220 shall be provided.
Enforcement.
It is the intent to provide for the efficient, reasonable, and impartial enforcement of this
division through the Floodplain Administrator and to set forth the basic procedures for
compliance with, and remedies for, violations of this division.
86
Any person may file a complaint with the Floodplain Administrator whenever a
violation of this division is alleged to have occurred.
The complaint must be provided to the Floodplain Administrator in writing, state
fully the facts supporting it, and signed by the complainant. If the complaint is
filed by three titleholders of land which may be affected by the alleged violation,
the Floodplain Administrator must perform an investigation to determine whether a
violation of this division has occurred. The names and addresses of the
complainants are a matter of public record.
The Floodplain Administrator may make reasonable entry upon any lands and waters
for the purpose of making an investigation, inspection or survey to verify compliance
with this division and may do so upon the Floodplain Administrator’s own initiative if
the Floodplain Administrator has reasonable suspicion to believe a violation under this
division has occurred.
The Floodplain Administrator must give notice of entry by mail, electronic mail,
phone call, or personal delivery to the owner, owner’s agent, lessee, or lessee’s
agent on whose lands entry is requested.
If none of these persons can be found, the Floodplain Administrator must affix
notice to one or more conspicuous places on the property.
After an investigation, the Floodplain Administrator must provide notice to any person
or entity believed to be responsible for a violation of this division of such violation and
must bring any violation to the attention of the local governing body, its legal counsel,
and the DNRC.
The notice of violation may be in the name of the city and may order the cessation
of the violation and require that a corrective action plan be provided within a period
of time deemed reasonable by the Floodplain Administrator.
Such notice of violation must be sent by mail or other means and is subject to
appeal pursuant to BMC Sec.38.600.300.
Failure to comply with a cessation order or requirement for corrective action is
cause for the city to initiate any legal remedy it may have including but not limited
to those remedies established in BMC Sections 38.200.160 and 1.01.210.
Penalty.
Violation of the provisions of this division or failure to comply with the requirements of
a floodplain permit are subject to the provisions of BMC Sections 38.200.160 and
1.01.210.
Section 2
A new Sec.38.220.180 be added to DIVISION 38.220 –APPLICATIONS AND NOTICING,
Part 1. –Submittal Materials and Requirements as follows:
Sec.38.220.180 –Submittal materials for regulated flood hazard areas.
87
Applicable submittal materials required under section 38.600.150. –Flood hazard
evaluation and section 38.600.170. –Subdivision and plan review and approval
must be provided.
Section 3
Sec.38.230.030 –Special development proposals –Additional application requirements,
review procedures and review criteria.be amended as follows with all remaining text
remaining as is:
Sec.38.230.030.A.2.d. -Division 38.620, Bozeman 38.600,Floodplain Regulations; and
Sec.38.230.030.B.7. -Division 38.610 38.600, Floodplain Regulations; and
Section 4
Sec.38.410.100. –Watercourse setback.be amended as follows with all remaining text
remaining as is:
Sec.38.410.100.A.2.c.(4)(a). –The setback must extend to the edge of the delineated boundary
of the regulated flood hazard area per Sec.38.600.130.B any delineated 100-year floodplain if
the regulated flood hazard boundary floodplain is larger than the setbacks established in this
subsection 2.c;
Section 5
Chapter 16 –ENVIRONMENT AND HEALTH, Article 2. –NUISANCES be amended as
follows with all other text remaining as is:
Sec.16.02.050. -Public nuisances.
A.The following are declared to be public nuisances:
1.Any building or structure which meets the definition of an unsafe building or
structure as provided in section 116 of the International Building Code, or any
successor provision, adopted pursuant to section 10.02.010.
2.Any violation of chapter 38 relating to the city's subdivision and zoning laws and
regulations.
3.Any imminent life safety hazard which creates a present and immediate danger to
life, property, health or public safety.
4.An artificial obstruction within a regulatory floodway that does not have a
floodplain permit required by division 38.600.
B.The following may be declared to be public nuisances:
88
1.Any condition which constitutes an attractive nuisance whether within a structure
or on the premises.
2.Any building or place which has been operated or maintained in a manner that has
resulted in repeated disruptive activities including, but not limited to, disturbances
of the peace, public drunkenness, drinking in public, harassment of passersby, sale
of stolen goods, public urination, theft, assaults, batteries, acts of vandalism,
excessive littering, illegal parking, loud noises (particularly in late night or early
morning hours), traffic violations, or police detentions and arrests.
3.Any condition which renders air, food or drink unwholesome, unsanitary or
detrimental to health.
4.Any condition which poses a fire hazard.
5.Any condition in violation of chapter 8 (Animals).
6.The ownership, maintenance or operation of a dog or animal kennel without proper
provisions for the protection of the surrounding properties from odor and sound
generated by the kennel.
7.The keeping, storage, depositing or accumulation on the premises for an
unreasonable period of time of any personal property or wastes, including, but not
limited to, abandoned, wrecked, dismantled or inoperative vehicles, abandoned,
wrecked, or dismantled boats or vessels, automotive parts and equipment,
appliances, furniture, containers, packing materials, scrap metal, wood, building
materials, junk, rubbish, debris, dirt, sand, gravel, concrete or other similar
materials which is within the view of persons on adjacent or nearby real property or
the public right-of-way and which is detrimental to the public health, safety and
general welfare. However, building materials being used or to be used for a project
of repair or renovation for which a building permit has been obtained may be stored
for such period of time as is necessary to expeditiously complete the project.
8.Any public nuisance as defined in MCA 45-8-111 or otherwise recognized in law
as constituting a public nuisance.
9.An artificial obstruction within the flood fringe that does not have a floodplain
permit required by division 38.600.
Sec. 16.02.070. – Summary abatement.
A. Whenever a complaint is made to the department of community development of the
existence of a public nuisance, as defined in section 16.02.040 or 16.02.050, the
department of community development shall promptly cause to be inspected the
property on which it is alleged that such public nuisance exists. Should the department
of community development find that a public nuisance exists, and that the public health,
safety or welfare may be in immediate danger, then summary abatement procedures
shall be implemented and the department of community development may cause the
nuisance to be removed or abated. The department of community development may
notify the building inspector if the public nuisance involves a building that appears
structurally unsafe. The building inspector, upon being notified by the department of
community development, shall cause the building on which it is alleged such public
89
nuisance exists to be inspected and submit a written report of such inspection and the
findings to the department of community development. The department of community
development may notify the Floodplain Administrator if the public nuisance involves an
artificial obstruction within the regulated flood hazard area. The Floodplain
Administrator, upon being notified by the department of community development, shall
cause the artificial obstruction on which it is alleged such public nuisance exists to be
inspected and submit a written report of such inspection and the findings to the
department of community development.
Section 6
DIVISION 38.700. – TERMS AND INTERPRETATION be amended as follows with all
remaining text remaining as is:
Sec. 38.700.020. – A definitions
Activity. A thing that a person or group does or has done.
Alteration.Any act or process, except repair and light construction as defined herein, that
changes one or more of the architectural features of a structure or site, including, but not limited
to, the erection, construction, reconstruction, relocation of, or addition to a structure. The term
"alteration" may apply to any act or process that changes the interior architectural features of that
portion of a public or private property commonly frequented by the general public, provided said
public or private property is located within a designated historic district or listed individually on
the National Register of Historic Places. However, changes upon interior elements of private
residences, regardless of their location or historic status, are not considered alterations as defined
in this section. The term "alteration" further means any change or addition to a building a
structure within a regulated flood hazard area floodplain that either increases its exterior
horizontal dimensions or increases its potential flood hazard; or means revisions or updates to a
DNRC designated floodplain or floodway established by MCA 76-5-101 et seq.
Appurtenant structure. A structure in which the use is incidental or accessory to a
principal use.
Artificial obstruction/development.Any obstruction which is not natural and includes
any dam, diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment,
projection, revetment, excavation, channel rectification, road, bridge, conduit, culvert, building,
refuse, automobile body, fill or other analogous structure or matter in, along, across or projecting
into any regulated flood hazard area that 100-year floodplain which may impede, retard or alter
the pattern of flow of water, either in itself or by catching or collecting debris carried by the
water, or that is placed where the natural flow of water would carry the same downstream to the
damage or detriment of either life or property.
Sec. 38.700.030. – B definitions.
90
Base flood discharge. The flowrate of a flood having a one percent chance of being
equaled or exceeded in any given year.
Base flood elevation.The elevation above sea level of the base flood in relation to the
city's adopted vertical datum used in a FEMA flood insurance study or a flood hazard
evaluation.vertical datum unless otherwise specified in the flood hazard study.
Basement.A portion of a building located partly underground but having not less than
half its floor-to-ceiling height below the average grade of the adjoining ground. For purposes of
division 38.600, a basement includes any floor elevation that is more than two feet below the
lowest adjacent grade of a building on all sides.
Sec. 38.700.030. – C definitions.
Certified by a professional engineer. Certification of work produced by a duly qualified
and licensed professional engineer through the placement of the professional engineer’s signed
stamp.
Channel. The geographical area within either the natural or artificial banks of a
watercourse or drainway.
Crawlspace. For purposes of division 38.600, a building enclosure that has its interior
floor area no more than five feet below the top of the next highest floor and no more than two
feet below the lowest adjacent grade on all sides.
Sec. 38.700.040. – D definitions.
DNRC. Montana Department of Natural Resources and Conservation.
Development.Any manmade change to improve or alter real estate, including, but not
limited to, subdivision of land, buildings or other structures, artificial obstructions, mining,
dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or
materials.
Drainway. Any depression two feet (2’) or more below the surrounding land serving to
give direction to a current of water less than 9 months of the year and having a bed and well-
defined banks. Water flowing in a drainway may originate by natural or manmade means.
Sec. 38.700.050. – E definitions.
Effective base flood elevation. The base flood elevation contained in the effective FEMA
flood insurance study and its effective hydraulic model, including any effective FEMA revisions
thereto.
91
Effective regulatory floodway. The regulatory floodway contained in the effective FEMA
flood insurance study and its effective hydraulic model, including any effective FEMA revisions
thereto.
Elevated building. A building without a basement that has it lowest elevated floor raised
above ground level by foundation walls, shear walls, posts, piers, pilings or columns. A building
on a crawlspace is considered an elevated building.
Enclosure. That portion below the lowest elevated floor of an elevated building that is
either partially or fully shut in by rigid walls, including a crawlspace, sub grade crawlspace,
stairwell, elevator, or a garage below or attached.
Encroachment. For purposes of division 38.600 any use, activity, or artificial obstruction
within the regulated flood hazard area.
Encroachment analysis. A hydrologic and hydraulic analysis performed by a qualified
professional engineer to assess the effects of a proposed use, activity, or artificial obstruction on
the base flood elevation, flood flows and flood velocities.
Existing artificial obstruction or nonconforming use: For purposes of division 38.600, an
artificial obstruction or nonconforming use that lawfully existed prior to the initial creation of
city floodplain regulations on March 19, 1975, or any repeal and replacement or amendment
thereto.
Existing base flood elevation. The base flood elevation computed by hydraulic modeling
of the base flood discharge within the floodplain of the flooding source in its current existing
condition.
Existing building or structure. For purposes of division 38.600, any buildings or
structures for which the start of construction commenced before the effective date of the
applicable flood insurance rate map.
Existing regulatory floodway. The regulatory floodway computed by hydraulic modeling
of the base flood discharge within the floodplain of the flooding source in its current existing
condition.
Sec. 38.700.050. – F definitions.
FEMA. Federal Emergency Management Agency.
Flood insurance rate map.The official map used for flood insurance risk ratings and
other regulatory purposes on which FEMA has delineated special flood hazard areas of the base
flood as well as other flood hazard areas. both the 100-year floodplains and the risk premium
zones.
92
Flood insurance study.The official report containing technical information used to
produce official flood insurance rate maps in which FEMA has provides base flood discharges,
base flood profiles, floodway data tables, hydraulic modeling, and other related flood hazard
information. as well as the Flood Boundary/Floodway Map and the water surface profiles.
Floodway fringe.The portion of the floodplain of the regulated flood hazard area that is
outside the limits of the regulatory floodway.
Flood of 100-year frequency. A flood magnitude that has a 1% chance of occurring in
any given year. The base flood.
Floodplain.Areas generally adjoining a watercourse or drainway stream that would be
covered by the base flood. floodwater of a 100-year flood except for designated shallow flooding
areas that receive less than one foot of water per occurrence. The floodplain is a regulated flood
hazard area and may be partitioned into consists of a regulatory floodway and floodway fringe
where specifically designated. Floodplain regulations are found in article 6 of this chapter.
Floodplain Administrator. Community official with authority to administer and
implement the provisions of division 38.600. The Floodplain Administrator has been designated
by the city commission to be the city engineer, who may delegate Floodplain Administrator
duties to a member of the city engineering division staff.
Floodproofing. Any combination of structural and non-structural additions, changes, or
adjustments to buildings or structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, and building or structure contents.
Sec. 38.700.110. – L definitions.
Letter of map change. An official response from FEMA upon review of an application to
amend or revise the FEMA special flood hazard area or flood insurance study for purposes of
flood insurance ratings or flood hazard determinations. FEMA letters of map change include:
(a) Letter of map amendment.A letter of determination from FEMA that amends the
special flood hazard area where a building or a portion of property is situated upon
natural ground that is higher than the base flood elevation and is thus not subject to
mandatory flood insurance.
(b) Letter of map revision based on fill. – A letter of determination from FEMA that
revises the special flood hazard area on a property based on the placement of sufficient
quantities of fill to elevate the property or portion thereof above the base flood elevation.
A building placed on fill must have its lowest floor, including the bottom of a crawlspace,
above the base flood elevation to avoid mandatory flood insurance.
(c) Letter of map revision - floodway. A letter of determination from FEMA that revises
the special flood hazard where a building or a portion of property is located on natural
93
ground that is higher than the base flood elevation and has been inadvertently located
within the regulatory floodway and is thus not subject to mandatory flood insurance.
(d) Letter of map revision.An official FEMA revision to the effective flood insurance
study and flood insurance rate map incorporating physical changes to the floodplain that
alter the base flood elevation and location of special flood hazard areas.
Lowest Floor. Any floor of a building including a basement used for living purposes,
storage, or recreation. This includes any floor that could be converted to such a use.
Sec. 38.700.120. – M definitions.
Maintenance. For purposes of division 38.600, customary and historical cleaning and
removal of accumulated silt, branches, trees, sticks and other debris as well as minor repair or
restoration activities of existing buildings, structures or artificial obstructions to the size, shape,
position and height existing immediately prior to deterioration that are not substantial
improvements.
Sec. 38.700.130. – N definitions.
Natural Ground. The elevation of the ground surface existing at the time an area
becomes located within a FEMA special flood hazard shown on the effective flood insurance rate
that remains unaffected by construction techniques such as placement of fill, landscaping, and
berms.
No-rise. A technical analysis conducted in accordance with FEMA procedures and
certified by a qualified professional engineer that shows a proposed use, activity or artificial
obstruction located in the regulatory floodway causes a rise of no more than 0.00 feet to the
existing base flood elevation.
Non-residential buildings or structures. Buildings or structures that are not used for
residential purposes including commercial, industrial, institutional, agricultural and accessory
buildings or structures, and manufactured homes used for non-residential purposes.
Sec. 38.700.140. – O definitions.
Official floodplain maps. The flood insurance rate maps (FIRMs) and flood insurance
study (FIS) provided by the Federal Emergency Management Agency (FEMA) for the Gallatin
County, Montana, inclusive of the City of Bozeman, dated April 21, 2021 September 2, 2011
(FEMA FISFlood Insurance Study No. 30031CV001B 30031CV000A), and incorporating any
approved updates or revisions letters of map change listed pursuant to Sec. 38.600.110.A.1.
Owner. For purposes of division 38.600 an owner is any person or entity that has
dominion over, control of, or title to an artificial obstruction.
Sec. 38.700.160. – R definitions.
94
Recreational vehicle. A vehicular-type portable structure without permanent foundation,
which is built on a single chassis; which is 400 square feet or less when measured at the largest
horizontal projection; which is designed to be self-propelled or permanently towable by a light-
duty truck; which is primarily designed not for use as a permanent dwelling but as temporary
living accommodations for recreational, camping and travel use and including, but not limited to,
travel trailers, truck campers, camping trailers and self-propelled motor homes less than eight
feet in width and 50 feet in length.
Regulated flood hazard area. Land area which has been specifically identified in Sec.
38.600.110 as subject to base flood hazards, which may consist of the special flood hazard area,
regulatory floodway, and flood fringe where specifically designated.
Regulatory floodway. That portion of the special flood hazard area designated by FEMA
in the official flood insurance study and flood insurance rate maps as being the regulatory
floodway that must be reserved in order to discharge the base flood without cumulatively
increasing the base flood elevation more than one half foot (0.5 feet).
Residential building. A building used as a permanent dwelling for human habitation.
Riprap.Stone, rocks, concrete blocks, or analogous materials that are placed along the
bed or banks of a watercourse or drainway for the purpose of preventing or alleviating erosion.
Sec. 38.700.170. – S definitions.
Scour depth. The maximum depth of streambed scour caused by erosive forces of the
base flood. Scour may be categorized as localized or general depending upon its location and
proximity to artificial obstructions.
Special Flood Hazard Area. Land area which has been specifically identified by FEMA
on a flood insurance rate map as being subject to the base flood. The special flood hazard area
contains the regulatory floodway. Any building with a federally backed loan located in the
special flood hazard is mandated by federal law to carry flood insurance.
Start of Construction. The commencement of clearing, grading, filling or excavating to
prepare a site for construction, and for purposes of division 38.600 start of construction includes
substantial improvement, and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling units or
95
not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Substantial damage. For purposes of division 38.600, damage of any origin sustained by
a building or structure whereby the cost of restoring the building or structure to its before
damaged condition would equal or exceed fifty percent (50%) of the market value of the building
or structure before the damage occurred.
Suitable fill. Fill material which is stable, compacted, well graded, and pervious; not
adversely affected by water and frost; devoid of trash or similar foreign matter, tree stumps or
other organic material; and is fitting for the purpose of supporting the intended use, building, or
structure.
Sec. 38.700.170. – T definitions.
Temporary protective measures. A use, activity, or artificial obstruction that is readily
implemented upon commencement of a flooding emergency for the purpose of protecting
existing buildings, structures, and life safety that is not located in the channel of the regulatory
floodway and is readily removed upon cessation of the flooding emergency.
Section 7
CHAPTER 2, ARTICLE 2 – BOZEMAN CREEK be amended as follows with all remaining
text remaining as is:
Sec. 42.02.010. - Channel to be kept free from obstructions. Reserved
The channel of Bozeman Creek, throughout its course within the corporate limits of the city,
shall be preserved and kept at a minimum width of 12 feet in the clear, and kept free of all
obstruction unless and until it shall be otherwise ordered or permitted by the city commission by
ordinance or resolution duly adopted.
96
Ordinance 2057, Amending Floodplain Regulations of the Bozeman Municipal Code
Page 57 of 59
Sec. 42.02.020. - Narrowing, turning or obstructing channel prohibited; exception. Reserved.
Any person, firm, corporation or association who, directly or indirectly, or by any means
whatever or at all confines Bozeman Creek, in any part of its course through the corporate limits
of the city, to a narrower channel than is prescribed in section 42.02.010; or who alters, changes
or turns the same from its natural channel, or alters its course at any point within the corporate
limits of the city, except in pursuance of and in accordance with an ordinance or resolution of the
city commission duly passed and adopted; or who builds, throws, deposits or, in any manner or
at all, places any obstruction in the channel of the creek within the corporate limits of the city,
shall be deemed guilty of a violation of this article.
Section 8
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 9
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 10
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 11
Codification.
The provisions of Section 1 through Section 7 shall be codified as appropriate in the
Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to
reflect the changes in this ordinance.
Section 12
97
Ordinance 2057, Amending Floodplain Regulations of the Bozeman Municipal Code
Page 58 of 59
Effective Date.
This ordinance shall be in full force and effect on April 21, 2021.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 23rd day of February, 2021.
____________________________________
Cynthia L. Andrus
Mayor
ATTEST:
_________________________________
Mike Maas
City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 9th day of
March, 2021.
____________________________________
Cynthia L. Andrus
Mayor
ATTEST:
_______________________________
Mike Maas
City Clerk
98
Ordinance 2057, Amending Floodplain Regulations of the Bozeman Municipal Code
Page 59 of 59
APPROVED AS TO FORM:
____________________________________
Greg Sullivan
City Attorney
99
Memorandum
REPORT TO:City Commission
FROM:Kristin Donald, Finance Director
SUBJECT:Resolution 5261, Amending the Fiscal Year 2021 (FY21) Budget for the
Community Housing Fund for the Purpose of Impact Fee Reimbursement for
Emergency and Transitional Housing Projects
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Move to Approve Resolution 5261 Amending the Fiscal Year 2021 (FY21)
Budget for the Community Housing Fund for the Purpose of Impact Fee
Reimbursement for Emergency and transitional Housing Projects.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Resolution amends the Community Housing Fund Appropriation line
item that was for down payment assistance and impact fee reimbursements
as outlined in the inclusionary zoning ordinance (the incentives table is at
38.380.130. This table describes the impact fee subsidy and its uses. It
indicates it is available for “lower-prices homes.” The cash in lieu provision is
at 38.380.140.B.1. the cash-in-lieu amount is based on “each affordable
home not built.”), and appropriate it for impact fee reimbursement for
emergency and transitional housing projects.
We budgeted $200,000 for down payment assistance and impact fee
reimbursement. There has been no requests this fiscal year and currently
there are no qualifying homes coming online.
The projects to be funded are:
Housing First Village (HFV) is a supportive housing development meant to
serve our community members who experience chronic homelessness.
Nineteen (19) tiny homes will be developed this year and next, with onsite
and direct service provided to residents, most of whom with a household
income of less than 30% of Area Median Income.
100
Haven is responding to a community need for safe shelter for people
experiencing partner and other violence by developing a 40 bed shelter. The
shelter will be situated next to a community resource center, providing our
community with a safe and welcoming space to openly learn about and
discuss intimate partner violence – decreasing secrecy and stigma, and
increasing community awareness and investment in safer outcomes for
vulnerable community members.
The Community Housing Action Plan states that Community Housing
includes all dwelling types, including transitional homes and emergency
shelters. One of the Action Plan objectives states that it is crucial that “…
community housing serves the full range of incomes without losing sight of
safety net programs for extremely low income and homeless families.” Both
the Housing First Village and Haven projects address housing needs of our
most vulnerable community members. Offsetting a portion of the impact
fees with Community Housing Fund dollars provides a crucial benefit to each
project, and the community members they will serve for many years.
We are proposing to fund each project $75,000 (both projects have
estimated impact fees of $100,000 each), which would leave $50,000 for any
homes that qualify for the down payment assistance and impact fee
reimbursement come online.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None, this resolution only changes current appropriations and does not
change the total appropriation. $150,000 of the $200,000 appropriated for
down payment assistance and impact fee reimbursement for single family
homes would go towards impact fee reimbursement for emergency and
transitional housing projects.
Attachments:
Resolution 5261 Budget Amendment Community Housing
Fund.docx
HFV impact fee reimbursement request.pdf
Haven Impact Fees.pdf
Report compiled on: February 23, 2021
101
RESOLUTION NO. 5261
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE CITY’S ANNUAL BUDGET TO MAKE CHANGES TO
THE OPERATING IN THE COMMUNITY HOUSING FUND APPROPRIATIONS
APPROVED JUNE 22, 2020.
WHEREAS,the City Commission did, on the 22nd day of June, 2020, after due and
proper legal notice, conduct a public hearing and adopt a municipal budget for Fiscal Year 2020-
2021 (Fiscal Year 2021); and
WHEREAS,the City Commission did, on the 9th day of March, 2021, after due and
proper legal notice, conduct a public hearing on proposed amendments to the municipal budget.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1 – Appropriation Additions
The City Commission of the City of Bozeman, Montana, does hereby authorize and
instruct expenditures in the Community Housing Fund appropriated for down payment assistance
and impact fee reimbursement for single family homes go towards to impact fee reimbursement
for emergency and transition housing projects.
Section 2
Pursuant to Section 7-6-4030, M.C.A., this resolution, upon its passage, shall be in full
force and effect on July 1, 2020.
102
Section 3
That should it be found by any court of competent jurisdiction that any section, clause,
portion, sentence, word, or phrase of this resolution is deemed to be contrary to any existing law
or regulations, that in this instance, it is the intent of the City Commission of the City of Bozeman,
Montana, that all other portions, sections, words, clauses, phrases, or paragraphs of this document
shall remain in full force and effect.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 9th day of March, 2021.
___________________________________
CYNDY ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
103
November 30, 2020
Mr. Marty Matsen
Director of Community Development
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771
Dear Director Matsen:
HRDC has submitted a site plan and SUP for our Housing First Village (HFV), a transformational,
tiny home development that will provide supportive housing to community members
experiencing chronic homelessness. This project, the first of its kind in Montana, has been the
result of years of work between HRDC, Montana State University’s School of Architecture,
Bozeman’s faith-based community, and partners in our FUSE initiative, including the City of
Bozeman. HFV has also been selected as one of four national contract awardees in the Fannie
Mae Sustainable Communities e program, elevating our community’s efforts to the national
stage.
As we near the construction of the homes, HRDC requests reimbursement of impact fees
associated with HFV. This project will provide affordable 19 homes for some of our most
vulnerable residents. It is anticipated that most HFV renters will earn less than 30% Area
Median Income, a population with extremely limited rental options. Further, HFV will target
individuals that have struggled to maintain housing and offer supportive services geared to
achieving stability. Information gathered from the FUSE initiative suggests that HFV could result
in a 57% reduction in the community costs associated with chronic homelessness. This is
consistent with the results of other communities across the nation that have implemented
supportive housing as an approach to addressing housing stability.
Impact fee assistance from the City is an important part of reducing the development costs of
HFV. Rents for very-low-income populations typically cover operating costs and do not leave
room for debt service. Reducing development costs allows us to deliver an affordable,
sustainable product that will benefit the community for years to come. Thank you for your
consideration of this request.
Best Wishes,
Tracy Menuez
Associate Director
104
Haven 1 | P a g e
Need for the project:
Last fiscal year, Haven saw a 13% increase in support line calls, an 84% increase in nights
provided in hotels, a 53% increase in the number of survivors who stayed in Haven’s shelter, a
7% increase in those who accessed services from Haven’s legal advocate, an 11% increase in
those who received counseling, and an 8% increase in community members who were
educated about domestic violence. Despite the many significant increases that the service
numbers from last fiscal year reveal, we do not feel like they paint the whole picture of escalated
violence, as we know that many have been unable to reach out for help as they remain at home
with their abusers through the pandemic.
Haven’s current shelter does not house men, the capacity has been reduced due to COVID and
it is consistently full. When a community member reaches out to Haven for emergency shelter
and our shelter cannot accommodate them, Haven arranges for them to stay at a hotel until
other arrangements are made. In the last 6 months Haven provided 234 hotel nights to men,
women and children in our community. While the expense of this is immense, it pales in
comparison to survivor experience and how that differs from the experience of survivors in
Haven’s shelter where they have support from other residents as well as Haven advocates on
site. Alone in hotels, survivors are further isolated away from the resources they need to move
forward.
Project description:
In 1982, Haven purchased a home in Bozeman where those in need of safety could find a place
of refuge and healing. Built 100 years ago to be a single-family home, it now houses up to five
families at any given time. In this aging shelter, survivors share bedroom, bathroom, kitchen,
and living room spaces. Despite its cramped conditions, the shelter is consistently at capacity.
Haven’s advocates and counselors also work in this space to empower people experiencing
trauma and working to rebuild their lives. In keeping with policies of an earlier time, the location
has been kept a secret to protect those who seek its shelter. Haven has outgrown this space
both in size and in concept. The house is old and falling apart, just as the notion that domestic
and sexual violence should be kept a secret is dated and invalid. Haven’s goal is to create a
secure facility in a disclosed location that will expand capacity and services, promote healing,
welcome the community, and embody the need to end the secrecy, isolation, and stigma that
has too long been associated with domestic violence.
105
Haven 2 | P a g e
Community Benefit:
Bozeman's recent spike in housing prices has caused many hardships. With the median home
price now at approximately $600,000 and renting costs following suit, Bozeman is an expensive
place to live for most people; for someone trying to find the resources to leave an abusive
relationship, however, those costs can be insurmountable. These costs often lead to the
survivor of abuse staying in the abusive relationship for months or years longer. Haven is that
safety net for survivors who do not yet have the resources needed to rent or own a home of
their own.
To paint a picture of where Haven's shelter guests fall on the economic spectrum, 100% of our
guests last year fell below the federal poverty line. The number of survivors who self-reported as
homeless (87) continues to be the largest underserved group that Haven serves. Intimate
partner violence (IPV) is often a contributing factor or cause of homelessness. Studies have
shown that 50-84% of homeless females are also survivors of IPV. Because of this common co-
occurrence, Haven participates in the Greater Gallatin Homeless Action Committee to enhance
community collaboration in meeting the needs of our local homeless population. Haven also
removes financial barriers for services by providing free shelter, general and legal advocacy, as
well as therapy and other services to survivors. Another contributing factor for a small decrease
in this number could be the efficacy of the Coordinated Entry group which maintains and assists
known community members who are experiencing homelessness.
Haven's new, 40-bed shelter will help the City meet its goal of providing 5,800 housing units,
16% of which are slated to be emergency and transitional housing.
Beyond the immediate response of providing a safe place to stay for at least 40 people at one
time, Haven's new shelter will help us as an organization shift the community conversation
around intimate partner violence and housing in general. By providing a community resource
center adjacent to the shelter, Haven's goal is to introduce Bozeman to our organization and
mission in an effort to decrease the stigma that all too often surrounds intimate partner violence.
In doing so, we hope to educate our neighbors and ultimately reduce the prevalence of intimate
partner violence and thereby reduce the need for shelter. This work will take generations, but
we are grateful to take this one large leap forward in the paradigm shift.
106
Haven 3 | P a g e
Project Budget:
Impact of these funds:
Haven’s project has evolved and expanded over the years. The project that we outlined over
three years ago when we launched the fundraising campaign was $8,000,000 and now, with the
growth in the need for Haven’s services and the impacts of the pandemic, our budget is
significantly more. To date, we have raised $8,300,000 and Haven will continue to raise money
until we have the funds we need to provide the shelter that our community members deserve.
As Haven continues to grow, and the needs in our community shift, we will continue to adapt
accordingly.
Haven Shelter
Summary of Project Costs
Contstruction Fee $5,881,937
Martel Pre-Construction Fee $23,220
MASS Design Fees $623,878
Owner Expenses $175,661
Owner Contingency $120,000
Permit and Impact Fees $113,434
Testing and Inspections $72,545
Campaign Budget $2,000,000
Total $9,010,676
107
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Planner II
Brian Krueger, Development Review Manager
Martin Matsen, Community Development Director
SUBJECT:Norton Ranch Phase 5 Major Subdivision, Application 21024 (Quasi-judicial)
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Having reviewed and considered the application materials, public comment,
and all the information presented, I hereby adopt the findings presented in
the staff report for application 21024 and move to recommend approval of
the subdivision with conditions and subject to all applicable code provisions.
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:This application is to modify conditions of approval and phasing of the
development from the original application of a subdivision (18278) who’s
Findings of Fact were approved on December 15, 2020. The applicant,
Norton Properties LLC is proposing to subdivide 79.3 acres in order to create
148 lots: 124 residential single household, 14 affordable single household
detached lots, 5 common open space lots, 5 City park lots, 4 restricted
development lots, and dedicated right of ways. The developable portion of
the project is 38 acres while the 4 restricted lots are roughly 41 acres. The
developable portion of the project borders West Babcock to the south,
Laurel Parkway to the east, Vaughn Drive to the north, and South Eldorado
Avenue to the west. The four restricted lots, east of Laurel Parkway, are
subject to further subdivision review. These four restricted lots are
considered Phase 6. The changes to the conditions of approval and code
provisions as outlined below is to allow for those four restricted lots to
receive final plat prior to any of the lots within Phase 5. These four restricted
lots will not be able to be developed until further subdivision review.
Phase 5A will includes all 14 affordable housing lots. These affordable
housing lots are expected to be detached 3-bedroom lower priced homes
(10% of the total of 70% AMI). Although all 14 lots are along Boomtown
Road and clustered together, it was deemed an appropriate layout based on
108
lot size, design placement and the fact that the City receives affordable
housing lots that are oriented onto the street in the first phase of
development.
A large City park is set to be constructed with Phase 5D that contains
wetlands which are planned to be preserved and additional plantings
provided to keep its natural habitat. A trail along the west side of the
development is proposed to connect to the existing trails from Norton Ranch
Subdivision Phase 3 to the south to Lakes at Valley West to the north.
The City of Bozeman Department of Community Development received a
preliminary plat application on January 22, 2021, requesting a modification
to the major subdivision as it was approved by City Commission on
December 15, 2020. The application was deemed adequate on February 5,
2021 and review continued. The final decision for a Major Subdivision must
be made within 60 working days of the date it was deemed adequate, or in
this case, by April 6, 2021.
The Planning Board reviewed this application on March 1, 2021 and
recommended approval 6:0.
The City Commission is scheduled to review the preliminary plat and make a
decision at their March 9, 2021 public hearing.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Recommend approval of the application with the recommended
conditions;
2. Recommend approval the application with modifications to the
recommended conditions;
3. Recommend denial of the application based on the Board’s findings of
non-compliance with the applicable criteria contained within the staff
report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or
to address specific items.
FISCAL EFFECTS:The development will generate the typical costs and revenues of residential
development.
Attachments:
NortonRanchPhase5PreliminaryPlat_012021.pdf
PhasingExhibit_012021.pdf
A1Form_012121.pdf
21024_CC_Staff_Report.pdf
Report compiled on: February 22, 2021
109
P
h
a
s
e
O
p
e
n
S
p
a
c
e
(
S
F
)
P
a
r
k
(
S
F
)
L
o
t
s
(
S
F
)
T
o
t
a
l
(
S
F
)
5
A
0
2
3
,
5
1
3
2
6
3
,
5
4
1
2
8
7
,
0
5
4
5
B
1
6
,
7
1
4
1
1
2
,
3
6
9
2
7
8
,
3
4
8
4
0
7
,
4
3
1
5
C
0
0
1
3
9
,
1
1
8
1
3
9
,
1
1
8
5
D
2
,
7
4
4
2
4
5
,
5
0
7
8
1
,
5
4
5
3
2
9
,
7
9
6
R
E
M
A
I
N
D
E
R
(
P
H
6
)
1
,
7
8
5
,
0
6
0
0
0
1
,
7
8
5
,
0
6
0
R
.
O
.
W
.
0
0
0
5
0
6
,
0
1
8
T
o
t
a
l
1
,
8
0
4
,
5
1
8
3
8
1
,
3
8
9
7
6
2
,
5
5
2
3
,
4
5
4
,
4
7
7
110
Δ
ΔΔΔ
Δ
Δ
Δ
Δ
Δ
Δ Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
ΔΔΔ
Δ
Δ
Δ
Δ
Δ
Δ Δ
Δ
Δ
Δ
Δ
Δ
Δ
111
Δ
=
Δ
=
112
113
114
PROJECT INFORMATION
Project Name:
Project Type(s):
Street Address:
>ĞŐĂůĞƐĐƌŝƉƟŽŶ͗
ĞƐĐƌŝƉƟŽŶŽĨWƌŽũĞĐƚ͗
ƵƌƌĞŶƚŽŶŝŶŐ͗
Gross Lot Area:
ůŽĐŬ&ƌŽŶƚĂŐĞ;ƐͿ͗
EƵŵďĞƌŽĨƵŝůĚŝŶŐƐ͗
dLJƉĞĂŶĚEƵŵďĞƌŽĨǁĞůůŝŶŐƐ͗
ƵŝůĚŝŶŐ^ŝnjĞ;ƐͿ͗
ƵŝůĚŝŶŐ,ĞŝŐŚƚ;ƐͿ͗
EƵŵďĞƌŽĨWĂƌŬŝŶŐ^ƉĂĐĞƐ͗
īŽƌĚĂďůĞ,ŽƵƐŝŶŐ;zͬEͿ͗
ĂƐŚͲŝŶͲůŝĞƵWĂƌŬůĂŶĚ;zͬEͿ͗
ĞƉĂƌƚƵƌĞͬĞǀŝĂƟŽŶZĞƋƵĞƐƚ;zͬEͿ͗
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
Community Development
ĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁƉƉůŝĐĂƟŽŶ Page 1ŽĨ3 ZĞǀŝƐŝŽŶĂƚĞ͗:ƵŶĞϮϬϮϬ
SPECIAL DISTRICTS
KǀĞƌůĂLJŝƐƚƌŝĐƚ͗ EĞŝŐŚďŽƌŚŽŽĚŽŶƐĞƌǀĂƟŽŶ EŽŶĞ
hƌďĂŶZĞŶĞǁĂůŝƐƚƌŝĐƚ͗ ŽǁŶƚŽǁŶ EŽƌƚŚϳƚŚǀĞŶƵĞ EŽƌƚŚĞĂƐƚ EŽƌƚŚWĂƌŬ EŽŶĞ
VICINITY MAP
Norton Ranch Subdivision, Phase 5 - Amended Plat
Preliminary Plat
W/ Babcock Street & Laurel Parkway
Lot R1, Norton East Ranch Subd., Phase 3A; N 1/2 Sec. 9, T2S, R5E
R-2 and R-3 (proposed Remainder Tracts are R-4)
79.3085 acres
Landscaped
N/A
N/A
N/A
N/A
N/A
Yes
No
Yes
Major Subdivision
Lot R1, Norton East Ranch Subd., Phase 3A; N 1/2 Sec. 9, T2S, R5E
115
116
APPLICATION FEE
Varies by project type
CONTACT US
ůĨƌĞĚD͘^ƟīWƌŽĨĞƐƐŝŽŶĂůƵŝůĚŝŶŐ
ϮϬ ĂƐƚKůŝǀĞ^ƚƌĞĞƚ
ŽnjĞŵĂŶ͕Ddϱϵϳϭϱ
ƉŚŽŶĞϰϬϲͲϱϴϮͲϮϮϲϬ
ĨĂdžϰϬϲͲϱϴϮͲϮϮϲϯ
ƉůĂŶŶŝŶŐΛďŽnjĞŵĂŶ͘ŶĞƚ
ǁǁǁ͘ďŽnjĞŵĂŶ͘ŶĞƚͬƉůĂŶŶŝŶŐ
ĞǀĞůŽƉŵĞŶƚZĞǀŝĞǁƉƉůŝĐĂƟŽŶ Page 3ŽĨ3 ZĞǀŝƐŝŽŶĂƚĞ͗:ƵŶĞϮϬϮϬ
REQUIRED FORMS
Varies by project type
s >KWD EdZ s/ tWW>/d/KE
ŚĞĐŬĂůůƚŚĂƚĂƉƉůLJ &KZD
1. ĚŵŝŶŝƐƚƌĂƟǀĞ/ŶƚĞƌƉƌĞƚĂƟŽŶƉƉĞĂů /
2. ĚŵŝŶŝƐƚƌĂƟǀĞWƌŽũĞĐƚĞĐŝƐŝŽŶƉƉĞĂů W
3. ŶŶĞdžĂƟŽŶĂŶĚ/ŶŝƟĂůŽŶŝŶŐ EEy
4. ŽŵŵĞƌĐŝĂůͬEŽŶƌĞƐŝĚĞŶƟĂůK K
5. ŽŵƉƌĞŚĞŶƐŝǀĞ^ŝŐŶWůĂŶ ^W
6. ŽŶĚŽŵŝŶŝƵŵZĞǀŝĞǁ Z
7. ŽŶĚŝƟŽŶĂůhƐĞWĞƌŵŝƚ hW
8. džƚĞŶƐŝŽŶƚŽƉƉƌŽǀĞĚWůĂŶ yd
9. 'ƌŽǁƚŚWŽůŝĐLJŵĞŶĚŵĞŶƚ 'W
10. /ŶĨŽƌŵĂůZĞǀŝĞǁ /E&
11. DĂƐƚĞƌ^ŝƚĞWůĂŶ D^W
12. DŽĚŝĮĐĂƟŽŶͬWůĂŶŵĞŶĚŵĞŶƚ DK
13. EĞŝŐŚďŽƌŚŽŽĚͬZĞƐŝĚĞŶƟĂůK EK
14. WƌĞͲĂƉƉůŝĐĂƟŽŶŽŶƐƵůƚĂƟŽŶ EŽŶĞ
15. WhŽŶĐĞƉƚWůĂŶ Wh
F O R M
16. WhWƌĞůŝŵŝŶĂƌLJWůĂŶ WhW
17. Wh&ŝŶĂůWůĂŶ Wh&W
18. ZĞĂƐŽŶĂďůĞĐĐŽŵŵŽĚĂƟŽŶ Z
19. ^ŝƚĞWůĂŶ ^W
20. ^ƉĞĐŝĂůhƐĞWĞƌŵŝƚ ^hW
21. ^ƉĞĐŝĂůdĞŵƉŽƌĂƌLJhƐĞWĞƌŵŝƚ ^dhW
22. ^ƵďĚŝǀŝƐŝŽŶ džĞŵƉƟŽŶ ^
23. ^ƵďĚŝǀŝƐŝŽŶWƌĞͲƉƉůŝĐĂƟŽŶ W
24. ^ƵďĚŝǀŝƐŝŽŶWƌĞůŝŵŝŶĂƌLJWůĂŶ WW
25. ^ƵďĚŝǀŝƐŝŽŶ&ŝŶĂůWůĂƚ &W
26. tĞƚůĂŶĚZĞǀŝĞǁ tZ
27. ŽŶĞDĂƉŵĞŶĚŵĞŶƚ D
28. ŽŶĞdĞdžƚŵĞŶĚŵĞŶƚ d
29. ŽŶŝŶŐͬ^ƵďĚŝǀŝƐŝŽŶsĂƌŝĂŶĐĞ ͬ^sZ
30. ŽŶŝŶŐĞǀŝĂƟŽŶͬĞƉĂƌƚƵƌĞ EŽŶĞ
31. KƚŚĞƌ͗
APPLICATION TYPE
117
Page 1 of 28
21024, City Commission Staff Report for the Norton Ranch Ph 5 Subdivision
Public Hearing Date: Planning Board, March 1, 2021 at 6:00 pm. Via WebEx.
City Commission, March 9, 2021 at 6:00pm. Via WebEx.
Project Description: A modification to the phasing and conditions of approval of a
preliminary plat application that was approved November 17, 2020. The
subdivision is on 79.3 acres to create 148 lots: 124 residential single household,
14 affordable single family detached housing lots, 5 common open space lots, 5
city park lots, 4 restricted lots and dedicated right of way. The subject property is
zoned R-2, R-3, and R-4.
Project Location: The subject parcel is located north and west of the intersection of
West Babcock Street and Laurel Parkway. It is legally described as Lot R1,
Norton East Ranch Subdivision Phase 3A, SEC. 9, T. 2 S., R. 5, City of
Bozeman, Gallatin County, Montana.
Recommendation: Approval with conditions and code requirements
Preliminary Plat Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 21024 and move to
recommend approval of the subdivision with conditions and subject to all
applicable code provisions.
Report Date: March 1, 2021
Staff Contact: Sarah Rosenberg, Associate Planner
Griffin Nielsen, Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
None.
Project Summary
This application is to modify conditions of approval and phasing of the development
from the original application of a subdivision (18278) who’s Findings of Fact were
approved on December 15, 2020. The applicant, Norton Properties LLC is proposing to
subdivide 79.3 acres in order to create 148 lots: 124 residential single household, 14
affordable single household detached lots, 5 common open space lots, 5 City park lots,
118
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 2 of 28
4 restricted development lots, and dedicated right of ways. The developable portion of
the project is 38 acres while the 4 restricted lots are roughly 41 acres. The developable
portion of the project borders West Babcock to the south, Laurel Parkway to the east,
Vaughn Drive to the north, and South Eldorado Avenue to the west. The four restricted
lots, east of Laurel Parkway, are subject to further subdivision review. These four
restricted lots are considered Phase 6. The changes to the conditions of approval and
code provisions as outlined below is to allow for those four restricted lots to receive final
plat prior to any of the lots within Phase 5. These four restricted lots will not be able to
be developed until further subdivision review.
Phase 5A will includes all 14 affordable housing lots. These affordable housing lots are
expected to be detached 3-bedroom lower priced homes (10% of the total of 70% AMI).
Although all 14 lots are along Boomtown Road and clustered together, it was deemed
an appropriate layout based on lot size, design placement and the fact that the City
receives affordable housing lots that are oriented onto the street in the first phase of
development.
A large City park is set to be constructed with Phase 5D that contains wetlands which
are planned to be preserved and additional plantings provided to keep its natural
habitat. A trail along the west side of the development is proposed to connect to the
existing trails from Norton Ranch Subdivision Phase 3 to the south to Lakes at Valley
West to the north.
The City of Bozeman Department of Community Development received a preliminary plat
application on January 22, 2021, requesting a modification to the major subdivision as it
was approved by City Commission on December 15, 2020. The application was deemed
adequate on February 5, 2021 and review continued. The final decision for a Major
Subdivision must be made within 60 working days of the date it was deemed adequate,
or in this case, by April 6, 2021.
The Planning Board reviewed this application on March 1, 2021 and recommended
approval 6:0.
The City Commission is scheduled to review the preliminary plat and make a decision at
their March 9, 2021 public hearing.
Alternatives
1. Recommend approval of the application with the recommended conditions;
2. Recommend approval the application with modifications to the recommended
conditions;
3. Recommend denial of the application based on the Board’s findings of non-
compliance with the applicable criteria contained within the staff report; or
119
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 3 of 28
4. Open and continue the public hearing on the application, with specific direction to
staff or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ................................................................................................. 1
Unresolved Issues ................................................................................................ 1
Project Summary .................................................................................................. 1
Alternatives ........................................................................................................... 2
SECTION 1 - MAP SERIES ............................................................................................ 4
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL .................................... 6
SECTION 3 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ............. 12
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS .................................. 17
SECTION 5 - STAFF ANALYSIS AND FINDINGS ........................................................ 17
Applicable Subdivision Review Criteria, Section 38.240.130, BMC. ................... 17
Primary Subdivision Review Criteria, Section 76-3-608 ..................................... 19
Preliminary Plat Supplements ............................................................................. 23
APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY ............................. 26
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................ 27
APPENDIX C - OWNER INFORMATION ...................................................................... 27
FISCAL EFFECTS ........................................................................................................ 28
ATTACHMENTS ........................................................................................................... 28
120
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 4 of 28
SECTION 1 - MAP SERIES
Zoning Map of Subject Property
121
Page 5 of 28
Plat of overall development
122
Page 6 of 28
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions
identified in this report. This application proposes phases. Unless a condition is specific
to an individual phase, all comments and code requirements apply to any final plat of all
phases.
This is to modify conditions of approval and phasing. This list of conditions of approval
below were previously established by findings of fact dated December 15, 2020 unless
indicated by editing marks. Those conditions are of repeated for clarity is to maintain a
list of all of the conditions of approval and code provisions related to this project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that
are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman
Municipal Code or state law.
2. The plat shall conform to all requirements of the Bozeman Municipal Code
and the Uniform Standards for Subdivision Plats (Uniform Standards for
Certificates of Survey and Subdivision Plats 24.183.1104 ARM) and shall be
accompanied by all required documents, including certification from the City
Engineer that as-built drawings for public improvements were received, a
platting certificate, and all required and corrected certificates. The Final Plat
application shall include three (3) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent); two (2) digital copies; one
(1) PDF copy; and five (5) paper prints. The Gallatin County Clerk &
Recorder’s office has elected to continue the existing medium requirements of
2 mylars with a 1½” binding margin on one side for both plats and COS’s.
The Clerk and Recorder will file the new Conditions of Approval sheet as the
last same sized mylar sheet in the plat set.
3. The final plat must provide all necessary utility easements and must be
described, dimensioned and shown on each subdivision block of the final plat
in their true and correct location.
4. Any public access easement for the common open spaces must be provided
as a separate document describing the scope of the grant of easement and
naming a custodian of the public’s interest in the easement.
5. Per BMC Section 38.220.070.A.2, prior to final plat approval, a memorandum
of understanding must be entered into by the weed control district and the
developer. The memorandum of understanding must be signed by the county
weed control district and the developer prior to final plat approval, and a copy
123
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 7 of 28
of the signed document must be submitted to the community development
department with the application for final plat approval.
6. This notation must be included on the conditions of approval sheet of the final
plat: “Ownership of all common open space areas and trails, and
responsibility of maintenance thereof and for city assessments levied on the
common open space lands shall be that of the property owners’ association.
Maintenance responsibility shall include, in addition to the common open
space and trails, all vegetative ground cover, boulevard trees and irrigation
systems in the public right-of-way boulevard strips along all external perimeter
development streets and as adjacent to public parks or other common open
space areas. All areas within the subdivision that are designated herein as
common open space including trails are for the use and enjoyment by
residents of the development and the general public. The property owners’
association shall be responsible for levying annual assessments to provide for
the maintenance, repair, and upkeep of all common open space areas and
trails. At the same time of recording the final plat of the subdivision the
subdivider shall transfer ownership of all common open space areas within
each phase to the property owners’ association created by the subdivider to
maintain all common open space areas within Norton Ranch Phase 5
subdivision.”
7. Extension of the Duration of the preliminary plat approval is limitedwill not be
granted if the preliminary plat approval has expired, per BMC 38.240.130.A.5.f.
To obtain an Prior to any extension of the preliminary plat approval, the
intersection of Laurel Parkway and Durston Road must either be upgraded with
a signal or roundabout with design approved the City’s Engineering Division, or
the applicant must provide an updated traffic impact study at the time of
extension request indicating the intersection level-of-service standards can be
met per BMC 38.400.060.B.4.
8. BMC 38.400.070. Subdivision lighting special improvement lighting district
(SILD) information must be submitted to the City in hard copy and digital form.
Any final plat application will not be deemed complete until the resolution to
create the SILD has been approved by the City Commission. The initial
adoption of the special improvement lighting district shall include the entire
area of the preliminary plat. (moved to Code Provisions number 28)
9.8. Per Code Section 38.350.060 fences located in the rear or side setback of
properties adjoining any city linear park must have a maximum height of four
feet. This standard must be added as a note listed on the conditions of
approval sheet of the plat. Properties on Block 21, Lot 2-8 AND Block 27, lots
1 and 2 are affected by this code requirement.
124
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 8 of 28
10.9. Codes, Covenants & Restrictions must be updated for Phase 5 and submitted
with initial final plat to be recorded after approval.
11.10. The applicant must include a note on the conditions of approval sheet of the
final plat that states that maintenance of all stormwater facilities, including
stormwater facilities within the park parcel, is the responsibility of the property
owners’ association (POA).
12.11. The approved affordable housing plan must be recorded concurrent with the
final plat and a reference to the recorded document must be provided on the
conditions of approval page of the final plat. The reference on the conditions
of approval sheet must be “This subdivision is subject to affordable housing
requirements. The subdivision’s requirements and obligations can be found in
the Norton East Ranch, Phase 5 Affordable Housing Plan recorded as
document no.___________ at the Gallatin County Clerk and Recorders
Office.”
13.12. BMC 38.420.020.D. Park easements provided for future phases do not
transfer maintenance responsibilities to the Parks Department. The Parks
Department will assume maintenance responsibility upon future phase final
plat and final acceptance of improvements. This responsibility must be
indicated in the certificate of dedication on the final plat. A note indicating this
should be placed on the conditions of approval sheet of the final plat.
14.13. BMC 38.220.070.A.6.g. Prior to final plat for subsequent phases, parkland
compliance per each sub phase of Phase 5 must also be shown in the
Parkland Tracking Table as required in Section 38.420.020 BMC and be
placed on the conditions of approval sheet of the final plat. On Preliminary
Plat page 3 and Park Plan L100, consolidate the Parkland tracking table
displaying the same phase and zoning district lot sizes together in one row.
Add a row with details about when the Park Master Plan was approved and a
row that gives the total cost of improvements being constructed. If an
improvements agreement will be requested, please indicate that within the
table. The table shall explicitly state how much parkland credit was allocated
for each lot within this phase. This table shall include but not be limited to
listing all dedicated parkland requirements, parkland or parkland credits and
areas not credited towards parkland (i.e., detention/retention areas,
watercourse setbacks, wetlands, common open space, parking facilities) and
the total area of each.
15.14. BMC 38.220.070.A.7. Ensure that a Conservation Easement between Norton
Ranch Properties, LLC and the US Army Corps of Engineers within the City
park parcel is transferred to the City of Bozeman with the final plat.
125
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 9 of 28
16.15. BMC 38.220.020 & 38.610.050. Prior to final plat of phases 5C and 5D, the
applicant must provide the Community Development Department with a
written statement of a wetland boundary determination from the U.S. Army
Corps of the wetland status. If the wetlands are determined to be
jurisdictional, an approved 404 permit for any changes to the wetland must be
submitted to the Community Development office prior to final plat approval.
17.16. If not already filed, the applicant must provide and file with the County Clerk
and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) for the following:
a. Street improvements to Cottonwood Road including paving,
curb/gutter, sidewalk, and storm drainage;
b. Street improvements to Laurel Parkway including paving, curb/gutter,
sidewalk, and storm drainage;
c. Street improvements to West Babcock including paving, curb/gutter,
sidewalk, and storm drainage;
d. Street improvements to Durston Road including paving, curb/gutter,
sidewalk, and storm drainage;
e. Street improvements to Gooch Hill Road including paving, curb/gutter,
sidewalk, and storm drainage;
f. Intersection improvements to Laurel Parkway and Durston;
g. Intersection improvements to Laurel Parkway and West Babcock
Street;
h. Intersection improvements to Laurel Parkway and Huffine Lane;
i. Intersection improvements to Cottonwood Road and Huffine Lane; and
j. Intersection improvements to Cottonwood Road and West Babcock
Street.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of these improvements on a fair
share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development, or
a combination thereof. The applicant must provide a copy of the filed SID
waiver prior to final plat approval.
18.17. A 1 foot “No Access” strip shall be placed along the West Babcock frontage
for the full length of the development.
19.18. A 1 foot “No Access” strip shall be placed along the Laurel Parkway frontage
Block 16 of the development.
126
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 10 of 28
20.19. A 1 foot “No Access” strip shall be placed along the Gooseberry Drive
frontage of Lot 11 Block 22 of the development.
21.20. The applicant must include a note on the plat as follows, “This is a known
area of high groundwater. No crawl spaces or basements may be
constructed. Sump pumps are not allowed to be connected to the sanitary
sewer system. Sump pumps are not allowed to be connected to the storm
drainage system. Water from sump pumps may not be discharged onto
streets, or into the curb and gutters where they create a safety hazard for
pedestrians and vehicles.”
22.21. The subject property is located in an area with high groundwater with
potentially corrosive soils, which can increase the likelihood of water main
failure over the lifespan of the asset. The applicant must perform a corrosivity
analysis to determine if cathodic protection is required for the proposed
distribution mains.
23.22. The applicant must add a note to the conditions of approval sheet of the plat
that all stormwater infrastructure located outside of the public right-of-way
must be maintained by the property owners’ association (POA).
24.23. The applicant must provide a drain tile maintenance plan for the existing tile
drain along Fallon Street to the City Engineering Division for approval and
include the maintenance plan in the POA documents prior to final plat
approval of any plan within Phase 5. The plan must include the long term
maintenance instructions for the POA and an exhibit clearly showing the
location and detail for the tile drain.
25.24. BMC 38.220.060.A.1. Street names must be reviewed and approved by the
County’s geographic information systems and City Engineering Department
prior to final plat approval. The applicant must submit written approval from
both entities with the final plat application.
26.25. The stormwater design assumes a flow rate from the infiltration of
groundwater water. No data has been provided to justify this flow rate. Prior to
completion and acceptance of the stormwater design the infiltration of the flow
rate must be verified during the period of seasonal high groundwater. If the
flow rate exceeds the assumed value, the system must be altered to ensure
all City drainage standards are met. Verification may not take place while
dewatering is in operation. The applicant must send verification to the
Community Development Office before final plat approval.
27.26. The applicant must submit plans and specifications for water and sewer main
extensions, streets, and storm water improvements, prepared and signed by
a professional engineer (PE) registered in the State of Montana, which must
127
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 11 of 28
be provided to and approved by the City Engineer. Water and sewer plans
must also be approved by the Montana Department of Environmental Quality.
The applicant must also provide professional engineering services for
construction inspection, post-construction certification, and preparation of
mylar record drawings. Construction shall not be initiated on the public
infrastructure improvements until the plans and specifications have been
approved and a preconstruction conference has been conducted. Building
permits will not be issued prior to City acceptance of the infrastructure
improvements per BMC Section 38.270.030.B.
28.27. The applicant must contact the Gallatin County Conservation District,
Montana Department of Environmental Quality, and U.S. Army Corps of
Engineers regarding the proposed project and any required permits (i.e., 310,
404, Turbidity exemption, etc.) must be obtained by the applicant.
29.28. The complete right-of-way for Laurel Parkway from West Babcock to the
existing northern section boundary must be dedicated with the initial phase
first phase of the subdivision.
30.29. A temporary Temporary stormwater easements must be provided for the
stormwater pond supporting Laurel Parkwayponds not located within a
common open space lot. The easement language must be approved by the
City of Bozeman and the executed easements recorded dedicated with the
final plat.
30. A separate lot must be created for the Norton Ranch Lift Station. The lot must
be transferred to the City at the time of final plat to enable the long term
access, maintenance, and operation of the station.
31. As proposed the City’s minimum length of tangency at intersection cannot be
met with the proposed public street easement between lots R1A and R1C.
The easement and lots must be adjusted to ensure the City’s minimum street
standard can be met.
31.32. A minimum of a 12 foot all weather access ramp designed to support
maintenance vehicles must be constructed to the stormwater pond at the
northwest corner of the site. The access must be reviewed and approved with
the subdivision infrastructure plans.
32.33. A sixty foot wide Public Street and Utility Easements must be provided on
Lots R1A, R1B, R1C, and R1D. The easement must be centered on the lot
lines and extend the full width of the lots. These easements must be provided at final plat with a separate document which contains the City’s standard public street and utility easement language. Upon future subdivision of Lots R1A-R1D, the easement may to be revised to ensure compliance with the
City’s street and block length standards.
128
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 12 of 28
33.34. A lot restriction note for Lots R1A, R1B, R1C, and R1D must be provided on the final plat that states the following: Notice is hereby given to all potential
purchasers of Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5
Subdivision, City of Bozeman, Gallatin County Montana, that the final plat of the subdivision was approved by the Bozeman City Commission without completion of on and off-site improvements required under the Bozeman Municipal Code as is allowed in Article 38.270.030. As such, the restriction is
filed with the final plat that stipulates that any use of these lots is subject to
further subdivision or zoning development review and no development of these lots shall occur until all on and off-site improvements are completed as required under the BMC. Therefore, be advised that building permits will not be issued for Lots R1A, R1B, R1C, and R1D of the Norton Ranch Phase 5
Subdivision until all required on and off-site improvements are completed and
accepted by the City of Bozeman. No building or structures requiring water or sewer facilities shall be utilized on these lots until this restricted is lifted. This restriction runs with the land and is revocable only by further subdivision or the written consent of the City of Bozeman.
35. Linear Park 5B 5C and 5D and all improvements within it must be completed
with Phase 5A.
34.36. The Property Owner Covenants cannot exclude accessory dwelling units and duplexes from the allowable uses. The City must be a party to the covenant.
SECTION 3 – REQUIRED CODE PROVISIONS
1. BMC 38.220.300 and 310. The property owners’ association (POA)
documents must be finalized and recorded with the initial final plat within
Phase 5 of the entire property. The POA documents must include the
requirements of Section 38.220.300 and 38.220.320.
2. BMC 38.220.070.A.8 Final plat review. The applicant must submit with the
application for Final Plat review and approval, a written narrative stating how
each of the conditions of preliminary plat approval and noted code provisions
have been satisfactorily addressed, and must include a digital copy (pdf) of
the entire Final Plat submittal. This narrative must provide sufficient detail to
direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in
the submittal.
3. BMC 38.220.020.A & 38.610.010. The applicant must provide the community
development department with a copy of all required streambed, streambank
or wetlands permits or written notification from the appropriate agency the
status of the wetland jurisdiction determination whether or not a 404 permit is
required prior to the commencement to final plat approval of PHASES 5C and
5D.
129
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 13 of 28
4. BMCSection 38.400.010.A.2. Laurel Parkway is a collector street as identified in the City’s transportation master plan. Laurel Parkway must be fully
constructed completed to ensure the convenient and reliable movement of
traffic and effective access for emergency services. Laurel Parkway must either: 1) be constructed from Durston the northern property line of the subdivision to West Babcock Street prior to the initial final plat approval of Phase 5A, or 2) be constructed from the northern property line of the
subdivision to West Babcock Street prior to the future subdivision or site
development of lots within Phase 6, whichever comes first. This section of Laurel Parkway must be guaranteed with an improvements agreement in order to receive final plat approval for Phase 6.
5. BMC 38.400.010.A. Parking must be restricted at all locations where the
City’s Design Standards and Specification Policy (DSSP) minimum for Length
of Tangency at Intersection has been deviated from and stopping sight
distance cannot be met with the presents of parked vehicles.
6. BMC 38.400.010.A. STOP signs are required at all location where the City’s
DSSP minimum for Length of Tangency at Intersection has been deviated
from on non-through streets.
7. BMC 38.420.022.D. A Park easement throughout Phase 5 is required with the
approval of the first phase within Phase 51.
8. BMC 38.220.320.A.5 Common area and facility maintenance plan. The
developer must submit a legal instrument setting forth a plan providing for the
permanent care and maintenance of common areas and facilities. The same
must be submitted to the city attorney and must not be accepted by the city
until approved as to legal form and effect. Common areas and facilities must
be deeded to a POA and, the applicant must record the proposed documents
governing the association at the time of final plat filing of any phase within
Phase 5.
9. BMC 38.380.100.A Affordable housing plan as binding agreement. An
affordable housing plan approved by the city will be considered is a binding
contract between the developer and the developer's successors in interest to
the lot or dwelling. Such plan will be included in a separate recorded written
agreement between the developer and the city, or incorporated into another
recorded document wherein the developer is required to implement the
affordable housing plan. The affordable housing plan and associated written
agreement must be recorded at the time of final plat approval of any phase
within Phase 5.
10. BMC 38.380.100.E Approval of affordable housing plan. The affordable
housing plan will be reviewed as part of the initial application approval
process for the type of development proposed. A condition shall be attached
130
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 14 of 28
to the approval of any subdivision plat or site plan to require recordation of the
affordable housing plan or other separate agreement obligating the developer
to meet the requirements of this article. Per this section see recommended
condition number 1 related to affordable housing.
11. BMC 38.240.150.A.3.d Transfer of ownership of public land, off-site land,
private land, personal property, improvements and water rights; documents
required.
a. For the transfer of real property in satisfaction of required or offered
dedications to the city, and required or offered donations or grants to the
POA, the subdivider or owner of the property must submit with the
application for final plat a warranty deed or other instrument acceptable to
the city attorney transferring fee simple ownership to the city or the POA.
b. For the transfer of personal property installed upon dedicated parkland or
city-owned open space, or POA-owned parkland or open space, the
subdivider must provide the city an instrument acceptable to the city
attorney transferring all its rights, title and interest in such improvements
including all applicable warranties to such improvements to the city or the
POA.
c. The subdivider or owner of the property must record the deed or
instrument transferring ownership or interests at the time of recording of
the final plat with the original of such deed or instrument returned to the
city or POA as applicable.
d. For the transfer of ownership interest in water, the subdivider or owner of
the property must submit with the application for final plat a deed or other
instrument acceptable to the city attorney transferring ownership to the city
or POA, along with all required state department of natural resources and
conservation documentation, certification and authorization.
12. BMC 38.240.450 requires a certificate of completion of improvements. The
certificate must specifically list all installed improvements and financially
guaranteed improvements.
13. BMC 38.240.520 Where non-public improvements are to be installed prior to
final plat approval, the final plat of subdivision must contain a certificate of
completion of non-public improvements. A certificate for all improvements
related to the perimeter street landscaping and irrigation, stormwater
improvements and open space lot landscaping and irrigation must be
provided on the final plat.
131
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 15 of 28
14. BMC 38.240.530. When irrigation of public facilities are to be installed prior to
final plat approval, the final plat of subdivision must contain a certificate of
completion of water-related improvements. The certificate must list all
completed and accepted improvements, including but not limited to all
irrigation system record drawings. The subdivision proposes irrigation of
public street frontage and city parkland. This certificate must be provided on
the final plat.
15. BMC 38.270.030 requires that all improvements to be dedicated to the public,
such as water mains, sewer mains, parkland and related improvements, and
public streets, must be financially guaranteed by an improvements agreement
or installed in accordance with the approved plans and specifications by the
developer, and certified by a registered professional civil engineer, licensed in
the state of Montana, and accepted by the city prior to the approval of the
final plat, building permit, issuance of a certificate of occupancy or other
identified benchmark as may be appropriate.
16. BMC 38.420.090. Statements regarding waiver of right to protest the creation
of the parks and trails district and indicating that parkland is maintained by the
POA may be removed from the plat and covenants, with the exception of the
comments regarding retention ponds.
17. BMC 38.550.070. In accordance with the requirements of this section,
installation by the developer of vegetative ground cover, boulevard trees, and
irrigation system in the public right-of-way boulevard strips on perimeter
streets and in and adjacent to City park lots and all open space lots is
required prior to final plat approval.
18. BMC 38.410.060. A City standard sewer easement must be provided for the
proposed sanitary sewer connection along the northern property at any point
where the sewer line is less than nine feet from the edge of public right-of-
way (ROW) or if the access to a manhole falls outside of the public ROW. No
easement has been shown on the plat. Additionally, the 10 foot front yard
utility easement must be provided along the park and may not be placed
within the sewer easement. The 10 foot utility easement must start from the
edge of the ROW or sewer easement, whichever is greater and extend 10
feet into the property.
19. BMC 38.410.060. A drainage easement must executed and recorded for the
stormwater pond outlet pipe from where the pipe leaves the subject property
to the discharge point into Aajker Creek. This easement must be provided
prior to the subdivision’s infrastructure approval. The easement must allow for
the long term access and maintenance of the pipe by the POA and access by
City staff to verify the pipe is being maintained.
132
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 16 of 28
20. BMC 38.410.060. The City standard 10 foot utility easement must be
extended along the western and eastern parks where the park fronts on
public ROW. This easement must be shown on the final plat.
21. BMC 38.410.070.A. The Norton Ranch Lift Station has been designed to be
reconfigured to allow for phased development of the Norton Ranch
Subdivision. The exact configuration is dependent on the phase and number
of dwelling units to be served. Currently, there are three pumps at the lift
station with a single principal pump that can operate under different hydraulic
conditions that the station experiences, specifically column separation after
pumping cycles. Montana Department of Environmental Quality (DEQ)
Circular 2 requires that multiple pumps must be provided and of the same
size. Units must have capacity such that, with any unit out of service, the
remaining units will have capacity to handle the design peak hour flow. The
station does not satisfy DEQ firm capacity requirements. The lift station must
be upgraded prior to final plat approval for any phase within Phase 5.
22. BMC 38.410.070.A. 12 foot all weather access must be provided to each
manhole proposed outside of the public right-of-way, specifically sanitary
sewer along the northern property boundary. The existing asphalt pathway is
not intended to support the loading from a City vacuum truck. The applicant
must provide a pavement design report for the pathway demonstrating the
necessary section required to support a City vacuum truck and upgrade the
pathway as need. This report must be provided with the infrastructure
submittal for the subdivision.
23. BMC 38.410.080.A. The proposed stormwater discharge from the detention
pond on the northwest corner of the development is located off-site. The
applicant must obtain an easement from the adjacent property owner for the
off-site discharge prior to final plat approval of any phase within Phase 5.
24. BMC 38.410.080.A. The subdivision is responsible for maintaining the
stormwater system. A stormwater maintenance plan must be reviewed and
approved with the infrastructure submittal. The approved plan must then be
incorporated into the POA documents and a copy of the POA documents
demonstrating inclusion of the stormwater maintenance must be provided to
the Community Development Division prior to final plat approval of any phase
within Phase 5.
25. BMC 38.410.080.A. 12 foot all weather access must be provided to each
stormwater manhole proposed outside of the public ROW and extend into all
proposed ponds.
133
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 17 of 28
26. BMC 38.410.130. The applicant must contact the City Engineering
Department (Brian Heaston) for an analysis of cash in lieu of water rights and
pay any cash in lieu of water rights due prior to final plat approval.
27. BMC 38.400.040.A.2. Street names must be reviewed and approved by the
County’s geographic information systems and City Engineering Department
prior to final plat approval. The applicant must submit written approval from
both entities with the final plat application.
28. BMC 38.400.070. Subdivision lighting special improvement lighting district
(SILD) information must be submitted to the City and the district formed after
preliminary plat approval in hard copy and digital form. Any final plat
application for Phase 5 will not be deemed complete until the resolution to
create the SILD has been approved by the City Commission. The initial
adoption of the special improvement lighting district shall include the entire
area of the preliminary plat.
28.29. BMC 38.220.060.A.1. A jurisdictional determination for the wetlands located
within Phase 5 must be obtained from the US Army Corp of Engineers prior to
infrastructure approval and final plat approval for phases 5B, 5C, or 5D of the
subdivision. The determination must be provided to the City prior to
infrastructure design approval.
SECTION 4 - RECOMMENDATIONS AND FUTURE ACTIONS
The DRC determined that the application was adequate for continued review and
recommended approval with conditions on February 5, 2021.
The Planning Board will conduct a public hearing to review the preliminary plat and
make a recommendation to the City Commission. The public hearing date for the
Planning Board is on March 1, 2021 at 6:00pm via WebEx.
The public hearing date for the City Commission is on March 9, 2021 at 6:00pm via
WebEx.
SECTION 5 - STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application
materials, municipal codes, standards, and plans, public comment, and all other
materials available during the review period. Collectively this information is the record of
the review. The analysis is a summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130, BMC.
In considering applications for subdivision approval under this title, the advisory boards
and City Commission shall consider the following:
134
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 18 of 28
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision
and Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of
the Montana Subdivision and Platting Act by a Professional Engineer registered in the
State of Montana. As noted in recommended condition of approval number 2, the final
plat must comply with State statute, Administrative Rules of Montana, and the Bozeman
Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat shall comply with the standards identified and referenced in the Bozeman
Municipal Code (BMC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or State law. Sections 2 and 3 of this report identify conditions and code
requirements necessary to meet all regulatory standards. Therefore, upon satisfaction of
all conditions and code corrections the subdivision will comply with the local subdivision
regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6
of the Montana Subdivision and Platting Act
The City of Bozeman Department of Community Development received a preliminary plat
application on January 22, 2021, requesting a modification to the major subdivision as it
was approved by City Commission on December 15, 2020. The application was deemed
adequate on February 5, 2021 and review continued. The final decision for a Major
Subdivision must be made within 60 working days of the date it was deemed adequate,
or in this case, by April 6, 2021. The City Commission is scheduled to review the
preliminary plat and make a decision at their March 9, 2021 public hearing.
The hearings before the Planning Board and City Commission have been properly noticed
as required by the Bozeman Municipal Code. Based on the recommendation of the DRC
and other applicable review agencies, as well as any public testimony received on the
matter, the Planning Board shall forward a recommendation to the City Commission who
will make the final decision on the applicant’s request.
The final decision for a Major Subdivision Preliminary Plat with more than 50 lots must be
made within 60 working days of the date it was deemed adequate. Pursuant to BMC
38.240.130.A.5.a(4), the City Commission must approve, conditionally approve or deny
the subdivision application by April 6, 2021, unless there is a written extension from the
developer, not to exceed one year.
Public notice for this application was given as described in Appendix C.
135
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 19 of 28
On February 22, this major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration by the Planning Board.
4) Compliance with Chapter 38, BMC and other relevant regulations
Based on review of the DRC and the Department of Community Development all
applicable regulations appear to be met if all code requirements are satisfied. Pertinent
code provisions and site specific requirements are included in this report for consideration
in Sections 2 and 3.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
All easements, existing and proposed, must be accurately depicted and addressed on the
final plat and in the final plat application. Therefore, all utilities and necessary utility
easements will be provided and depicted accordingly on the final plat. All city utilities will
be located within dedicated street right of ways. Conditions 3 and code requirement 20
require performance of these obligations.
6) The provision of legal and physical access to each parcel within the
subdivision and the notation of that access on the applicable plat and any
instrument transferring the parcel
All of the proposed lots have frontage to proposed public streets required to be
constructed to City standards per BMC 38.400 and associated design standards. In
addition, pursuant to BMC 38.400.090.A, plats must contain a statement requiring lot
accesses to be built to the standard contained in this section, the city design standards
and specifications policy, and the City modifications to state public works standard
specifications.
Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture on the site. The subject property is
designated as residential according to the City of Bozeman Community Plan. The area
is zoned for residential and has been annexed but is vacant. The buildable portion of
the proposed subdivision is entirely residential. No viable farm units exist on the
property. The subdivision will not have adverse effects on agriculture.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. There are no active
agricultural water use facilities located within the development. The area is zoned for
residential and has been under development for many years.
136
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 20 of 28
3) The effect on Local services
Water/Sewer – Municipal water and sewer mains exist in the adjacent street rights of
way of Babcock Street to serve the development. The subdivider proposes to extend
water and sewer mains throughout the development and to the individual lots within the
subdivision. These internal water and sewer mains will be installed or guaranteed prior
to final plat approval. The Norton Ranch Lift station must be upgraded prior to any final
plat approval for any phase within Phase 5 and a separate lot must be created for the
station as outlined in condition of approval number 30 and code provision number 21.
The applicant must provide transfer of ownership of the irrigation facility to the property
owners’ association (POA) so that the POA can legally have the water resources
necessary to maintain the open space. Irrigation facilities to support the proposed parks
must be transferred to the City.
Condition of approval number 26 and code provisions 18, 19, and 20 outline the
required completion of easements and physical installation of water and sewer mains.
Cash in lieu of water rights is required to provide long term water to the project. Code
provision 26 applies to this issue.
Streets – The Growth Policy and subdivision standards require adequate connectivity of
the street grid to ensure sufficient infrastructure to serve the needs of the public and
alleviate congestion. The preliminary plat layout utilizes West Babcock Street, a
collector, and Vaughn Drive, a local street, to provide east west connectivity and Laurel
Parkway, a collector, provides north to south connectivity. Other internal local streets
provide access to all lots. The project is well connected and meets block length
requirements with the proposed streets and pedestrian midblock crossings.
With the initial application (18278), Laurel Parkway was proposed by the developer to
be constructed in two phases which was not in compliance with code requirements. The
City Commission heard the item on November 17, 2020 and required that the applicant
construct Laurel Parkway in one phase from Durston Road to West Babcock. In order to
accommodate this requirement, the applicant has submitted this application to modify
the conditions of approval and phasing of the development in which the restricted lots in
Phase 6 can be sold off to help finance the construction of Laurel Parkway. Laurel
Parkway must be dedicated with the initial phase of the subdivision as outlined in
condition of approval number 28 and completed prior to the final plat approval of Phase
5A and guaranteed with the final plat for Phase 6 as outlined in code provision number
4.
The development’s traffic impact study has identified the intersection of Laurel and
Durston will fall below the City’s level of service requirements in the future. However,
based on the subdivision’s build out year, the Engineering Department has determined
137
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 21 of 28
the intersection will have an acceptable level of service by the completion of the entire
subdivision as ensured by condition of approval number 7.
Street lighting is a component of the required street improvements. A special
improvement lighting district (SILD) is proposed to maintain these facilities. Condition
number 8 ensures that the SILD will be formed and effective before final plat. The
requirement for a single SILD will simplify long term maintenance of the street lights and
provide a cost that is more equitably shared.
Maintenance and use of public streets is subject to the terms of the Bozeman Municipal
Code. The certificate of dedication for the final plat must specify responsibilities for
maintenance of all streets, parks and open spaces. Code provisions apply to this issue.
Police/Fire – The area of the subdivision is within the service area of both these
departments. No concerns on service availability have been identified. The necessary
addresses will be provided to enable 911 response to individual homes prior to
recording of the final plat.
Stormwater - The subdivision will construct storm water control facilities to conform to
municipal code. Inspection of installed facilities prior to final plat will verify that
standards have been met. Maintenance of the storm water facilities is an obligation of
the property owners’ association. This responsibility is addressed in the covenants
proposed with the subdivision. Conditions number 10, 22, and 25 ensures this will be
satisfied according to standards with the final plat.
There is a proposed stormwater discharge from the detention pond located in Park 5A
that then drains off site into Aajker Creek to the west. An easement from the property
owner to the west must be acquired in order for the stormwater to travel off site of the
Norton property into Aajker which is addressed in condition number 22 and code
provision number 19 and 23.
Parklands - The proposal meets the required park dedication and improvement
standards. The Recreation and Parks Advisory Board recommends approval of the park
master plan. A final park plan will be completed and approved with the initial final plat.
The parkland proposal for Norton Ranch Phase 5 consists of parkland totaling 8.76
acres within 5 City park lots. A large amount of this land is within watercourse setback
areas and the parkland contribution is reduced accordingly; however the inclusion of the
watercourses and setback areas within the larger park parcels was allowed with the
approval of the Park Master Plan for Norton Ranch Subdivision approved on September
27, 2010 and previous phases. There is a linear park corridor along the west edge of
the subdivision that coincides with Aajker Creek. This linear park was proposed to be
built in two phases, the southern portion with 5A and the northern portion with 5B. The
applicant has agreed to construct the linear park and the trails with Phase 5A as
described in condition number 35.
138
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 22 of 28
At the northwest corner of Phase 5, there is a 1.769 acres park proposed including a
.785 acre retention pond. The large park lot is 5.636 acres with 1.678 acres of wetlands.
Within this park, there will be a playground area, a parking lot, a Class II gravel
pathway, and wayfinding signage. Condition of approval 13 and 14 and code provisions
7 and 15 address park easements and dedication within the development.
4) The effect on the Natural environment
Wetlands exist on the property on the eastern portion and on the northern property
boundary. The watercourse setback for this wetland is located mainly on the proposed
park but does impact some of the lots on the eastern and northern portion of the
development, part of Phases 5C and 5D. The City required an updated wetland
delineation as it had been over 5 years since the most current one was conducted that
was used for previous Norton Ranch phases. The 2018 delineation results indicated
that the wetlands had expanded since 2006 due to a several sources of water that have
since been abandoned or diverted to Aajker Creek, which flows to the west of the
development. Due to this expansion, a new jurisdictional status determination is
required from the U.S. Army Corps. The proposed layout does not impact the
preservation wetland but it will impact the wetland fringe identified in 2018. See
Appendix E, Wetland Exhibit for wetland boundary changes. Review of this
determination is underway and if it is determined that the wetlands are classified as
jurisdictional, they fall under the purview of the U.S. Army Corps which will require
additional permitting such as a 404 permit and possible mitigation. Some of the wetland
boundary encroaches into lots in Phases 5c and 5d which could result in the wetlands
needing to be filled in order for the lots to be developed if they are classified as
jurisdictional. Condition of approval number 15 and code provision 3 and 29 ensures
that wetland jurisdiction determination must be completed prior to final plat approval.
The City requires use of wells or surface water rights to irrigate parks rather than
municipal water supply. There is a lesser energy and infrastructure cost to this
approach. However, in order for the City to rely on these sources to meet the code
requirement there must be the rights to the water. Code provision 11 requires that
necessary ownership and rights be transferred to the POA or City as appropriate.
The site is in an area of high groundwater, which may negatively impact future homes or
cause illicit discharges into the sanitary sewer and over burden the surface drainage
system. Condition of approval number 20 prohibits use of basements. This requirement
will protect both individual home owners from future hazards of flooding and lessen
burden on the public from illicit discharges.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. The site has
been substantially impacted by grazing which has reduced wildlife habitat. There are no
139
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 23 of 28
known endangered or threatened species on the property. Comment from state
Montana Fish Wildlife and Parks found no immediate negative effects related to wildlife
impact from this proposed development.
6) The effect on Public health and safety
The intent of the regulations in Chapter 38 of the Bozeman Municipal Code is to protect
the public health, safety and general welfare. The subdivision has been reviewed by
the DRC which has determined that it is in general compliance with the title. Conditions
deemed necessary to ensure compliance are noted throughout this staff report. All
subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d, Mont Code
Annotated. The Department of Community Development has reviewed this application
against the listed criteria and provides the following summary for submittal materials
and requirements.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on October 31,
2017. With the pre-application plan review application, waivers were requested from
the materials required in Section 38.220.060 “Additional Subdivision Preliminary Plat
Supplements.” Some items were not waived and all required material has been
addressed.
Staff offers the following summary comments on the supplemental information required
with Article 38.220, BMC.
38.220.060.A.1 Surface Water
As stated in the analysis above on the natural environment, wetlands and surface
waters exist on the property. Surface waters on the property a preservation wetland
located along the east boundary of the property, a temporary drain ditch excavated in
January 2015 along the north property boundary, and an existing temporary retention
located in the southwest corner of the property. The proposed layout does not impact
the preservation wetland but it will impact the wetland fringe identified in 2018. See
Appendix E, wetland exhibit.
38.220.060.A.2 Floodplains
Material Waived. There are no designated floodplains on or immediately adjacent to the site.
38.220.060.A.3 Groundwater
The groundwater monitoring well report is included at the end of the stormwater design
report in Appendix B of the application submittal. Groundwater levels in the monitor wells were measured during the spring of 2018 and groundwater depths ranged from .5 feet to 2 feet. Condition of approval 21 and 25 require additional data to ensure that all City drainage standards are met.
140
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 24 of 28
The geotechnical investigation conducted in January 2018 is included in Appendix C.
Groundwater was encountered in all test pit excavations. Condition 20 restricts
basements and crawl spaces for this reason. Plat note 7 restricts crawl spaces and basements and prohibits discharging from sump pumps into the sanitary sewer, storm sewer or onto streets and gutters.
A drain tile analysis was conducted in October 2016 to discuss a historic drain tile
system that was partially truncated during infrastructure development that occurred in 2013. A replacement drain tile system was installed late 2016, early 2017 to restore the groundwater balance. The associated agency approvals for this system are located in Appendix E. An easement has been granted to Norton Properties, LLC that allows a
perpetual drainage pipeline to deliver discharge from the drain tile system to Aajker
Creek located to the west of the proposed development and is located in Appendix B. Condition 24 address the drain tile system. Impacts to groundwater are mitigated by conditions of approval and code requirements.
38.220.060.A.4 Geology, Soils and Slopes
No unusual geological features are present. The geotechnical investigation conducted
in January 2018 is included with this application in Appendix C. The soil was deemed
acceptable to carry the burden of infrastructure with foundation recommendations and
bearing capacity detailed in the report.
38.220.060.A.5 Vegetation
The site has a history of agriculture with few native plants present except possibly in wetland fringe areas. Wetland mitigation located east of Phase 5 and within the
proposed park was conducted in 2007. A summary of this report and conservation
easements are included in Appendix E. A watercourse setback bordering the east side of the development and in the park will be revegetated with native grasses and shrubs.
38.220.060.A.6 Wildlife
Material waived. No critical wildlife species or habitat are known to be found on the property.
38.220.060.A.7 Historical Features
Material waived. No notable features are on the site.
38.220.060.A.8 Agriculture
Material waived. See discussion above under primary review criteria.
38.220.060.A.9 Agricultural Water User Facilities
There are no active agricultural water user facilities located within the development.
38.220.060.A.10 Water and Sewer
New infrastructure will be installed on site to serve the development. See discussion above under primary review criteria. The required design reports have been provided in
141
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 25 of 28
Appendix A. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Cash in lieu of water rights is required to provide long term water
to the project. Code provision 26 applies to this issue.
38.220.060.A.11 Stormwater Management
Stormwater within the subdivision will be conveyed via surface gutter flow to cub inlets, then underground via storm drain piping to a stormwater detention pond located in Park 5A. See stormwater design report in Appendix B.
38.220.060.A.12 Streets, Roads and Alleys
A traffic impact study was completed and is included in Appendix F. It was determined
by the Engineering Department that the street infrastructure proposed will adequately service the subdivision with the exemption of condition of approval number 28 and code provision 4. See discussion above under primary review criteria.
38.220.060.A.13 Utilities
All private utilities servicing the subdivision will be installed underground. Standard 10
foot front setback utility easements are provided across all lots. See discussion above under primary review criteria regarding extension of water and sewer. All private utilities are available in the area.
38.220.060.A.14 Educational Facilities
A letter was received from Director of Facilities of Bozeman Public Schools. Adequate
capacity is available and detailed in Appendix C.
38.220.060.A.15 Land Use
The use proposed is exclusively residential for the buildable portion of phase 5, which conforms to the future land use designation and zoning purposes. 148 lots will be developed with Phase 5 which are to the west of Laurel Parkway. The R1A, R1B, R1C,
and R1D restricted development lots part of Phase 6 to the east of Laurel Parkway are subject to further subdivision review prior to development.
38.220.060.A.16 Parks and Recreation Facilities
There is a Master Park Plan for this project located in Appendix G which details the proposed parks. See discussion above under primary review criteria.
38.220.060.A.17 Neighborhood Center Plan
Material waived. A Neighborhood Center was satisfied with Phase 3 on the southeast corner of Babcock and Laurel Parkway. In this neighborhood center includes pedestrian infrastructure and park amenities. The entirety of Phase 5 is within one-half mile of the existing neighborhood center.
38.220.060.A.18 Lighting Plan
All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A special improvement lighting District (SILD) must be created prior to final plat application.
142
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 26 of 28
38.220.060.A.19 Miscellaneous
Material waived. No additional impacts or hazards anticipated.
38.220060.A.20 Affordable Housing
There will be 14 affordable single household detached lots constructed to meet
affordable housing requirements. They are expected to be single family detached homes with 3 bedrooms. The affordable homes will be constructed in Phase 5A on Lots 1, 2, 21 and 22 of Block 23, Lots 1 and 2 of Block 22, Lot 8 and 9 of Block 18, Lots 8, 9, 10 and 11 of Block 19 and in Phase 5C on Lots 10 and 11 of Block 18. CAHAB
reviewed and recommended approval of the Affordable Housing Plan. See Appendix H
for more information on the affordable housing plan. Condition 12 and code provisions 9 and 10 detail affordable housing requirements prior to final plat approval. APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned R-2 (Residential
Moderate Density), R-3 (Residential Medium Density District), and R-4 (Residential
High Density District. The buildable portion of the subdivision subject to immediate
development is located in the R-2 and R-3 districts.
The intent of the R-2 residential moderate density district is to provide for one- and two-
household residential development at urban densities within the city in areas that
present few or no development constraints. These purposes are accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and housing types in newly developed areas.
2. Providing for community facilities to serve such development while respecting the
residential quality and nature of the area.
Use of this zone is appropriate for areas with moderate access to parks, community
services and/or transit.
The intent of the R-3 residential medium density district is to provide for the
development of one- to five-household residential structures near service facilities within
the city. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings,
two to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character, while reducing the adverse effect
of non-residential uses.
143
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 27 of 28
Use of this zone is appropriate for areas with good access to parks, community services
and/or transit.
Adopted Growth Policy Designation: The Future Land Use Map of the Bozeman
Community Plan designates the subject property to develop as “Residential.” The
“Residential” classification designates places where the primary activity is urban density
dwellings. Other uses which complement residences are also acceptable such as parks,
low intensity home based occupations, fire stations, churches, and schools. High
density residential areas should be established in close proximity to commercial centers
to facilitate the provision of services and employment opportunities to persons without
requiring the use of an automobile. Implementation of this category by residential zoning
should provide for and coordinate intensive residential uses in proximity to commercial
centers. The residential designation indicates that it is expected that development will
occur within municipal boundaries, which may require annexation prior to development.
The dwelling unit density expected within this classification varies between 6 and 32
dwellings per net acre. A higher density may be considered in some locations and
circumstances. A variety of housing types can be blended to achieve the desired
density. Large areas of single type housing are discouraged. In limited instances the
strong presence of constraints and natural features, such as floodplains, may cause an
area to be designated for development at a lower density than normally expected within
this category. All residential housing should be arranged with consideration of
compatibility with adjacent development, natural constraints, such as watercourses or
steep slopes, and in a fashion which advances the overall goals of the Bozeman growth
policy. The residential designation is intended to provide the primary locations for
additional housing within the planning area.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the Planning Board
and City Commission public hearings. Per Article 38.220, Notice was provided by
posting the site, mailing by certified mail to adjacent property owners and by first class
mail to all other owners within 200 feet, and by legal advertisement publication in the
Bozeman Daily Chronicle. Content of the notice contained all elements required by
Article 38.220, BMC.
No public comment has been received.
APPENDIX C - OWNER INFORMATION
Owner: Norton Properties, LLC 63026 NE Lower Meadow Dr #200; Bend, OR 97701-
5877
Applicant: Kilday & Stratton, Inc., 2880 Technology Boulevard West, Suite 273,
Bozeman, MT 59718
144
21024 City Commission Staff Report – Norton Ranch Phase 5 Subdivision Page 28 of 28
Representative: C&H Engineering & Surveying, 1091 Stoneridge Drive, Bozeman, MT
59718
Report by: Sarah Rosenberg, AICP, Associate Planner
FISCAL EFFECTS
The development will generate the typical costs and revenues of residential
development.
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 – Available through the Laserfiche archive linked agenda
materials.
145
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner, Community Development Department
Marty Matsen, Director of Community Development
SUBJECT:PDI Investments, LLC Annexation and Zone Map Amendment for the
Establishment of a Zoning Designation of B-2 for a Property Addressed at
2777 North 7th Avenue, Application 20346
MEETING DATE:March 9, 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 20346 and move to recommend
approval of the PDI Investments LLC 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:The City received an application to annex and initially zone an existing parcel
that was previously developed. The property contracts for City water but has
not connected to City sewer service. Ingress and egress is provide by a single
drive isle onto North 7th. The adjacent road rights-of-way was annexed with
previous annexations. There is an existing building housing individual
businesses on the parcel. The property is wholly surrounded by the City.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended
contingencies;
3. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
146
development will incur costs and generate review according to standard City
practices.
Attachments:
20346 PDI Annex-ZMA CC SR.docx
A1 - Signed - Development Review Application.pdf
Annexation & ZMA Cover Letter 10-07-20.pdf
N1 - Noticing Materials Posting.pdf
ZMA Criteria Narrative 09-28-20.pdf
Exhibit B - PDI Initial ZMA Exhibit 12-04-20.pdf
Exhibit A - PDI Annexation Exhibit 12-04-20.pdf
Report compiled on: February 24, 2021
147
Page 1 of 39
20346 Staff Report for the PDI Investments LLC Annexation & Zone Map
Amendment
Public Hearings:Zoning Commission (map amendment only) February 22, 2021
City Commission (Annexation and map amendment) March 9, 2021
Project Description:Annexation of 2.002 acres and amendment of the City Zoning Map
for the establishment of a zoning designation of B-2.
Project Location:2777 North 7th Avenue.
Recommendation:Meets standards for approval with terms of annexation and
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 20346 and move to
recommend approval of the PDI Investments LLC Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended Annexation Motion:Having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt
the findings presented in the staff report for application 20346 and move to approve the
PDI Investments Annexation with recommended terms of annexation, and direct staff to
prepare an annexation agreement for signature by the parties.
Recommended Zoning 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 20346 and move to approve the
PDI Investments Zone Map Amendment, with contingencies required to complete the
application processing.
Report:February 24, 2021
Staff Contact:Tom Rogers, Senior Planner
Agenda Item Type:Action -Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There are no identified conflicts between the City and Applicant regarding the zoning at this
time.
148
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 2 of 39
Project Summary
The City reviews applications for annexation and zone map amendments as they are
submitted by the landowner. The landowner submitted an application to annex a single
parcel. The adjacent road rights-of-way was annexed with previous annexations. There is an
existing building housing individual businesses on the parcel. The property is wholly
surrounded by the City.
The application proposes an initial designation of B-2, Community Business District.
Adjacent properties are zoned B-2 on the south and M-1, Light Manufacturing District, on all
other sides. Currently the property is in the Gallatin County Bozeman Area Zoning District
(Donut) and is zoned M-1.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Gallatin County growth policy
Gallatin County/Bozeman Area Plan – County neighborhood plan
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
Zoning Commission
The Zoning Commission held a public hearing on February 22, 2021 and a recommendation
on the proposed zoning. After consideration of the application materials, Staff report, and
applicant presentation a motion to recommend approval passed on a vote of 4:0.
https://bozeman.granicus.com/player/clip/54?view_id=1&redirect=true
Questions and discussion of this item begins at time stamp 33:45 in the recording. No public
comment was heard on the application.
Alternatives
1. Approve the application with the recommended contingencies;
2. Approve the application with modifications to the recommended contingencies;
149
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 3 of 39
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues............................................................................................................... 1
Project Summary................................................................................................................. 2
Zoning Commission............................................................................................................ 2
Alternatives......................................................................................................................... 2
SECTION 1 - MAP SERIES.................................................................................................... 4
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION............................................ 9
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 13
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 14
Annexation........................................................................................................................ 14
Zone Map Amendment..................................................................................................... 14
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS................................ 14
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS........... 24
Spot Zoning Criteria ......................................................................................................... 34
PROTEST NOTICE FOR ZONING AMENDMENTS......................................................... 35
APPENDIX A - NOTICING AND PUBLIC COMMENT.................................................... 36
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 36
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF............................ 39
FISCAL EFFECTS................................................................................................................. 39
ATTACHMENTS................................................................................................................... 39
150
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 4 of 39
SECTION 1 - MAP SERIES
Project Vicinity Map (2018 air photo)
151
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 5 of 39
Project Vicinity Map Showing the Bozeman Community Plan 2020 Future Land Use
Map – Subject property is designated as Regional Commercial and Services
Industrial
Regional
Commercial
and Services
Maker Space
Mixed Use
Parks
and
Open
Lands
152
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 6 of 39
Project Vicinity Map Showing Near Vicinity Municipal Zoning
B-2
M-2
M-1
PLI
Not
annexed
Not
annexed
Not
annexed
153
Page 7 of 39
Annexation Map
154
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 8 of 39
Proposed zoning map
155
Page 9 of 39
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be identified as
the “PDI Investments Annexation”.
2. An Annexation Map, titled “PDI Investments Annexation Map” with a legal description
of the property and any adjoining un-annexed rights-of-way and/or street access
easements must be submitted by the applicant for use with the Annexation Agreement.
The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11"
or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk &
Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable
to the Director of Public Works and City Engineer’s Office, and must be submitted with
the signed Annexation Agreement.
3. The land owners and their successors must pay all fire, street, water and sewer impact
fees at the time of connection; and for future development, as required by Chapter 2,
Bozeman Municipal Code, or as amended at the time of application for any permit listed
therein.
4. The applicant must execute all contingencies and terms of said Annexation Agreement
with the City of Bozeman within 60 days of the distribution of the annexation agreement
from the City to the applicant or annexation approval shall be null and void.
5. The Annexation Agreement shall include the following notices:
a) The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for preparing a storm water master plan in conjunction
with future development.
b) The Annexation Agreement must include notice the City will, upon annexation, make
available to the Property existing City services only to the extent currently available,
or as provided in the Agreement.
c) The Annexation Agreement must include notice that, prior to future final
development approval, the applicant will be responsible for transfer of water rights or
a payment in lieu as required by the Bozeman Municipal Code.
d) The Annexation Agreement must include notice that there is no right, either granted
or implied, for Landowner to further develop any of the Property until it is verified by
the City that the necessary municipal services are available to the property.
e) The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
156
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 10 of 39
f) The Annexation Agreement must include notice charges and assessments may be
required after completion of annexation to ensure necessary municipal services are
available to the property.
g) The Annexation Agreement must include notice that the applicant must connect to
municipal services and will be responsible for installing any facilities required to
provide full municipal services to the property.
h) The Annexation Agreement must include notice that, prior to development, the
applicant will be responsible for installing any facilities required to provide full
municipal services to the properties in accordance with the City of Bozeman's
infrastructure master plans and all City policies that may be in effect at the time of
development.
i) All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the final
Annexation Agreement.
6. Prior to final annexation approval, the applicant must construct a fire apparatus
turnaround with an all-season road base at least 20 feet wide reviewed and approved by
the Bozeman Fire Department.
7. Prior to final annexation approval the applicant must provide the City an approved
encroachment agreement from Montana Department of Transportation for the drive
access.
8. The applicant must provide and file with the County Clerk and Recorder's office
executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s)
on City standard form for the following:
a. Intersection improvements at West Griffin Drive and North 7th Avenue including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm
drainage.
The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate
financing method for the completion of the improvements on a fair share, proportionate
basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development, or a combination thereof. The applicant must
provide a signed copy of the SID waiver prior to the adoption of Resolution of
Annexation.
9. The Annexation Agreement must require the owner or a subsequent landowner to
connect to municipal water service and must also require the owner to be responsible for
installing any facilities required to provide full municipal services to the property in
accordance with City policy.
Exhibit A (as provided with the annexation application), shows that the applicant
proposes to extend water main along Flora Lane and Cultivar Street, ultimately looping
the water main across North 7th Ave. Engineering is in agreement with the proposed
water main extension and overall alignment and that the applicant must complete these
infrastructure improvements prior to the adoption of Resolution of Annexation.
157
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 11 of 39
The applicant must construct water and sewer services in accordance with City design
and specifications and the same must be approved by the City prior to the installation of
the water and sewer lines. The applicant must coordinate with the City’s fire department
to determine if a hydrant will be required to service the subject property. If a hydrant
is required, the applicant must construct the hydrant and all required service lines at
the time the sewer and water services are constructed.
10. The Annexation Agreement must require and include notice that the applicant must
connect to municipal sanitary service when the same are readily available and also that
the applicant will be solely responsible for installing any facilities required to provide
full municipal services to the property in accordance with City policy.
Exhibit A (as provided with the annexation application), shows that the applicant
proposes to extend sewer main along Flora Lane, ultimately connecting to an existing
sewer main located south of the subject property. Engineering is in agreement with the
alignment of the proposed sewer main extension and that the applicant must complete
these infrastructure improvements prior to the adoption of Resolution of Annexation.
The applicant must construct water and sewer services in accordance with City design
and specifications and the same must be approved by the City prior to the installation of
the water and sewer lines.
The applicant is advised that the downstream sanitary sewer main does not currently
connect to the City’s overall collection system. Therefore, prior to the adoption of
Resolution of Annexation the applicant must construct the required sanitary
infrastructure improvements (i.e. the sanitary sewer main extension and service stub).
The Applicant must agree in the Annexation Agreement to connect to the collection
system under either of the following circumstances:
a) The adjacent North Park development completes their downstream sanitary
sewer infrastructure. The applicant would be notified by the City when the
downstream connection is available. The Annexation Agreement will require
the applicant to connect to the City’s collection system and abandon the
existing on-site treatment system within six months of the completion of the
downstream sanitary sewer infrastructure; or
b) If the applicant’s existing on-site sewage treatment system fails prior to North
Park completing their downstream sanitary sewer connection, the applicant
must complete the downstream connection and abandon their existing on-site
sewage system and connect to the City’s collection system within six months
of the on-site sewage treatment system failing If the existing on-site septic
system fails, the applicant must agree, in the Annexation Agreement, it will not
seek a variance for a new system from the Gallatin City County Board of
Health.
The applicant must submit plans and specifications for the sewer main extension to the
City’s engineering division for review and final approval prior to construction. The
City will not distribute the Annexation Agreement until after the Notice to Proceed for
the work and the Pre-Construction meeting with the City Engineering Department. The
City must be informed by the applicant of the Notice to Proceed and the completion
158
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 12 of 39
of the Pre-Construction meeting prior to September 2022 or the annexation will be null
and void.
11. The Annexation Agreement must require and include notice that the applicant must
abandon their east North 7th access and construct their future primary access off of the
proposed Cultivar Street extension when Cultivar Street has been constructed and
formally accepted by the City.
ENGINEERING ADVISORY COMMENTS:
Stormwater
1.Montana Post-Construction Storm Water BMP Design Guidance Manual Seasonal
High Groundwater -The subject project is located in an area that is known to have
seasonally high groundwater. The applicant must confirm seasonal high groundwater
elevations, and seasonal high groundwater data must be measured and submitted with any
future development application on the parcel. Due to the seasonal nature of SHGWL
measurements, the applicant is advised to begin groundwater measurements in the winter
and continue measuring through July. Measurements must be at sufficient intervals to
define the SHGWL across the site. Industry guidance recommends a three-foot minimum
separation from the bottom of a stormwater facility to the underlying groundwater table.
The applicant is advised that the Annexation Agreement will require that future
development may be subject to limitations or restrictions based on seasonal high
groundwater elevations.
Water & Sewer
1.The applicant must construct water and sewer services in accordance with City design
and specifications and the same must be approved by the City prior to the installation of
the water and sewer lines. The applicant must contact the City Water and Sewer Division
to obtain details of construction requirements. The applicant must notify the City Water
and Sewer Superintendent a minimum of 48 hours prior to construction of the services and
disconnection of the well and septic system abandonment.
2.The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The applicant must report the
abandonment to the City Water and Sewer Superintendent (John Alston) for inspection,
and the applicant must report the abandonment to the Gallatin City-County Health
Department. In addition to abandonment of the septic tank and leach field, the applicant
must demonstrate that the sanitary sewer service to the septic tank has been completely
disconnected from the old septic system prior to connection to the City’s sanitary sewer
system.
3.Any wells presently used for domestic purposes may be retained for irrigation only, with
no physical connection to domestic water piping. Certification that there is no physical
connection between an on-site well and the domestic water line coming from the City’s
water supply to the subject property must be provided. The City Water and Sewer Division
may perform an inspection of the property and certify that the disconnection of the well
and septic system abandonment are properly completed. The applicant understands and
159
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 13 of 39
agrees that if Landowner fails to properly abandon the existing septic system and/or fails
to disconnect the existing well from the domestic water piping as required herein the City
may upon ten day’s written notice to the Landowner terminate water and/or sewer services
to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by
the applicant.
Water Rights
1.BMC 38.410.130 Water rights -The applicant must contact Brian Heaston with the
City Engineering Department to obtain a determination of cash-in-lieu (CIL) of water
rights upon future development.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “PDI Investments Zone Map Amendment.” All
required documents must be returned to the City within 60 days of the City’s distribution
of the annexation agreement or the preliminary approval shall be null and void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application approval shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “PDI Investments Zone
Map Amendment”. The map must be supplied on: 1) a mylar for City records (either 18"
by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with
the Annexation Agreement at the County Clerk & Recorder; 3) an editable digital copy
for the City Engineer’s Office; and 4) a PDF. This map must be acceptable to the City
Engineer’s Office, and must be submitted within 60 days of the action to approve the
zone map amendment. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent right-of-ways 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.
4. 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.
160
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 14 of 39
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
The Development Review Committee (DRC) considered the amendment. The DRC
identified infrastructure deficiencies that must be addressed with terms of annexation. The
City Commission will address these issues during their public hearing. The Applicant has
been informed what considerations need attention.
The City Commission will hold a public meeting on the annexation on March 9, 2021. The
meeting will begin at 6 p.m. The meeting will conducted through WebEx. Instructions on
joining the meeting will be included on the meeting agenda.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff finds the
application meets criteria for approval as submitted. The PDI Investments LLC Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s recommendation
and staff responses are predicated on approval of the annexation, application 20346.
The Development Review Committee (DRC) considered the amendment. The DRC
identified did not identify any infrastructure or regulatory constraints that would impede the
approval of the Zone Map Amendment application.
The Zoning Commission held a public hearing on this ZMA on February 22, 2021 and
forwarded a recommendation on a vote of 4:0 to the Commission on the Zone Map
amendment.
The City Commission will hold a public hearing on the zone map amendment on March 9,
2021. The meeting will begin at 6 p.m. The meeting will conducted through WebEx.
Instructions on joining the meeting will be included on the meeting agenda.
SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory boards and
City Commission shall consider the following goals and policies. When determining whether
the goals and policies have been met, Staff considers the annexation application,
recommended Terms of Annexation, and the standards which will be applicable to future
development.
Commission Resolution No. 5076 Criteria
Commission Resolution No. 5076 Goals
Goal 1: The City of Bozeman encourages annexations of land contiguous to the
City.
161
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 15 of 39
The property in question is contiguous to the City limits.
Goal 2: The City encourages all areas that are totally surrounded by the City to
annex.
The subject property is wholly surrounded.
Goal 3: The City encourages all properties currently contracting with the City for
City services such as water, sanitary sewer, and/or fire protection to annex.
The subject property is currently contracting for water services but not for waste water. The
subject property is within the Bozeman Solvent Site Controlled Groundwater Area was
required to connect to City water. A link to the office area map can be found HERE.
Sanitary sewer connection will be required when further development occurs on the site or
the existing septic system fails. As noted in the terms of annexation the Engineering
Department is requiring the applicant to construct a portion of sewer service line for future
connection when the downstream section is completed. See Term of Annexation No. 10.
The existing sewer system terminates at Mandeville Lane to the south of the property.
Murdock’s cooperate office constructed a partial section of sanitary sewer in the Flora Lane
ROW and installed a stub for future connection when the sewer line is completed and
functional.
Goal 4: The City of Bozeman requires annexation of all land proposed for
development lying within the existing and planned service area of the municipal water
and sewer systems as depicted in their respective facility plans, any land proposed for
development that proposes to utilize municipal water or sewer systems.
The subject property lies well within the planned service area of the municipal water, sewer,
and park services. Limited extension of water and sewer lines are currently available in the
area. If or when the North Park industrial park develops full municipal water and sewer
systems will be constructed.
Goal 5: The City encourages annexations within the urban area identified on the
future land use map in the current Bozeman Growth Policy.
As shown in Section 1, the subject property is planned as Regional Commercial and Services
and is within the urban area of the growth policy. See the discussion under Criterion A of
Section 6 of the report for more information on the growth policy.
Goal 6: The City of Bozeman encourages annexations to make the City boundaries
more regular rather than creating irregular extensions which leave unannexed gaps
between annexed areas or islands of annexed or unannexed land.
The subject property is wholly surrounded by the City. Annexing the property will eliminate
this island of County property. Rights of Way for Flora Lane were dedicated with the original
Gordon Mandeville State School Section Subdivision.
162
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 16 of 39
Goal 7: The City of Bozeman encourages annexations which will enhance the
existing traffic circulation system or provide for circulation systems that do not exist at
the present time.
Annexation of this property will enhance traffic circulation. Although Rights of Way were
previously dedicated, any further development will require additional dedication of ROW
and the construction of complete streets including pedestrian facilities, and connection to the
mulita-use facility adjacent to the subject property promoting all types of travel. In addition,
the only access to the property is through a substandard access onto North 7th Avenue that
has not been granted an encroachment permit from Montana Department of Transportation.
Proposed terms of annexation address removal of these non-conforming conditions.
Goal 8: The City prefers annexation of parcels of land larger than five (5) acres in
size, but will allow annexation of smaller parcels if factors such as topographic
limitations, sanitary disposal needs, fire access, maintenance of public facilities, etc.,
justify a smaller annexation.
The subject property is 2.002 acres. Annexation will foster future construction of full
municipal systems including transportation, sewer, water, trail networks, and other City
infrastructure.
An onsite septic system currently is used for the disposal of wastewater. Any expansion will
likely require connection to the City sewer and if the onsite system fails the groundwork for
rapid connection has been initiated.
Goal 9: The City seeks to obtain water rights adequate for future development of
the property with annexation.
After annexation, the subject property will be bound to the provisions of 38.410.130 which
require evaluation of water adequacy and provision of water if needed at time of
development. The municipal code section requires water rights or an equivalent to be
provided. Exact timing and amounts will be evaluated during redevelopment or further
development review. There are several methods to address the requirements of 38.410.130.
The annexation agreement will provide notice of this requirement, see engineering advisory
Note 1 under Water Rights.
Goal 10: The City of Bozeman encourages annexations for City provision of clean
treated water and sanitary sewer.
The subject property is located within the City’s planned water and sewer service area and
contracts for City water service as noted in Goal 3 above due to the property’s location
within the Bozeman Solvent Site Controlled Groundwater Area.
The applicant proposes annexation and zoning for possible further development and
connection to City sewer service. There is an existing commercial building with multiple
tenants on the property. The annexation terms include requirements for future abandonment
163
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 17 of 39
of the septic system and connection to the municipal sewer system when the adjacent North
Park property completes their downstream connection or if the applicant’s on-site sewage
treatment system fails. Any new construction must connect with initial construction to the
municipal system.
Terms of Annexation 9-10 address the termination of the existing on-site septic system.
Exact timing will depend on the sequencing of future development.
The City’s engineering Design Standards and Specifications Policy (Section V.A. 5) requires
all main extensions shall be looped, where possible. City water currently serves the property,
however, a water main extension is required to provide additional capacity as well as water
looping for further development and is noted in the terms of annexation.
The City’s water and sewer systems are adjacent to the property. See the maps below.
Per Term of Annexation 5, the Annexation Agreement required to finalize the requested
annexation will require the applicant to design and construct extensions of services to meet
the City’s adopted infrastructure standards. These include provisions for minimum water
pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other
standards necessary to protect public health and safety and ensure functional utilities.
Existing Water Service Map
Legend Water distribution Fire hydrant
164
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 18 of 39
The City’s long range utility planning considers locations for new or expanded piping for
water and sewer services. The site is located within the planned service boundaries. The
adopted water and sewer plans call for service to this area.
Existing Sewer Service Pipe Map
Resolution No. 5076 Policies
Policy 1: Annexations must include dedication of all easements for rights-of-way for
collector and arterial streets, adjacent local streets, public water, sanitary sewer, or
storm or sewer mains, and Class I public trails not within the right of way for arterial
or collector streets. Annexations must also include waivers of right to protest the
creation of special or improvement districts necessary to provide the essential services
for future development of the City.
No rights-of-ways are required, these were dedicated with the original subdivision and
included easements for installation any and all public water, sanitary sewer, and storm water
mains. No Class I public trails are required or identified in the PROST Plan. The
Legend Sewer distribution
165
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 19 of 39
recommended Terms of Annexation include requirements for waivers of right to protest
special improvement districts are included in Term of Annexation 4 for streets likely affected
by the future development of the property.
Policy 2: Issues pertaining to master planning and zoning must be addressed prior
to or in conjunction with the application for annexation.
The subject property is developed. The proposed zoning designation was selected to
accommodate the current uses on the site. Necessary infrastructure to accommodate the
current and any future intensification is a part of the annexation terms. Although physical
connection to full City services are not required with annexation any redevelopment, further
development, or failing septic system will require connection to a fully functioning system.
The property is designated as Regional Commercial future land use and the application
includes a request for initial zoning of B-2. See Section 6 - Zone Map portion of this report
for analysis of the zone map amendment criteria.
Policy 3: The application for annexation must be in conformance with the current
Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate
anticipated uses, the amendment process must be initiated by the property owner and
completed prior to any action for approval of the application for annexation.
The property is designated “Regional Commercial Mixed Use” on the future land use map.
No growth policy amendment is required. See discussion in Section 6 under zone map
amendment Criterion A.
Policy 4: Initial zoning classification of the property to be annexed will be
determined by the City Commission, in compliance with the Bozeman Growth Policy
and upon a recommendation of the City Zoning Commission, simultaneously with
review of the annexation petition.
The property proposed for annexation requests a zoning designation of B-2. See the zone
map amendment section of this report for review of the zoning criteria. The Zoning
Commission held a public hearing on February 22, 2021. A motion recommending approval
of the requested B-2 zoning was passed.
Note: The annexation and the placement of a zoning district designation on the property by
the City does not guarantee immediately available services or approval of a specific
development. Section 38.300.020.C of the Unified Development Code states:
“Placement of any given zoning district on an area depicted on the zoning map indicates
a judgment on the part of the city that the range of uses allowed within that district are
generally acceptable in that location. It is not a guarantee of approval for any given use
prior to the completion of the appropriate review procedure and compliance with all of
the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
166
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 20 of 39
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
Policy 5: The applicant must indicate their preferred zoning classification as part of the
annexation petition.
The applicant has requested B-2, the Community Business District. See Section 6 of this
report for analysis of the requested zoning.
Policy 6: Fees for annexation processing will be established by the City Commission.
Applicant has paid required application fees.
Policy 7: It is the policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
property unless the landowner proposes a method to provide for construction of the
road to the City’s street standards.
Primary and direct access is from North 7th Avenue, a State Highway. North 7th is paved.
After annexation, any future development on the site is subject to the City’s adopted
transportation standards in Article 38.4, the Transportation Master Plan, and the Design
Standards and Specification Policy. The focus of all three references is public safety and the
provision of effective and efficient travel by multiple methods.
Policy 8: Prior to annexation of property, the City will require the property owner to
acquire adequate and usable water rights, or an appropriate fee in lieu thereof, in
accordance with Section 38.410.130 of the municipal code, as amended.
Section 38.410.130 provides for deferral of transfer of water rights or payment in lieu until
time of development through the annexation agreement. At this time, the details of future
development needed to calculate the final demand for water are not available. Therefore,
Engineering Water Rights advisory comment 1 is be included in the annexation agreement. It
requires the land owner to consent to a future payment or other approved option when the
necessary information is provided and development proposed. This typically occurs at the
time of subdivision or site plan review depending on the nature of future development.
Policy 9: Infrastructure and emergency services for an area proposed for annexation
will be reviewed for the health, safety and welfare of the public and conformance with
the City’s adopted facility plans. If the City determines adequate services cannot be
provided to ensure public health, safety and welfare, the City may require the property
owner to provide a written plan for accommodation of these services, or the City may
reject the petition for annexation. Additionally, the parcel to be annexed may only be
167
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 21 of 39
provided sanitary sewer service via the applicable drainage basin defined in the City
Wastewater Collection Facilities Plan.
The area proposed for annexation is wholly surrounded by the City. However, limited sewer
services are currently available. All emergency services are available.
Prior to final annexation approval, the applicant must construct a fire apparatus turnaround
with an all-season road base at least 20 feet wide reviewed and approved by the Bozeman
Fire Department. In addition, the City’s engineering Design Standards and Specifications
Policy (Section V.A. 8) requires that hydrants shall be provided at each street intersection
and at intermediate points so that hydrants are spaced from 350 to 600 feet depending on the
area being served. The nearest fire hydrant was installed with improvements to Flora Lane on
the west side of the Murdock’s property and is located 465 feet south of the existing building
as shown on the existing water map above. The Bozeman Fire Department supports the
installation of a fire hydrant installed adjacent to the subject property.
Policy 10: The City may require annexation of any contiguous property for which city
services are requested or for which city services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
consent to annexation of the property serviced by the City. The City Manager may
enter into an agreement with a property owner for connection to the City’s sanitary
sewer or water system in an emergency conditioned upon the submittal by the property
owner of a petition for annexation and filing of a notice of consent to annexation with
the Gallatin County Clerk and Recorder’s Office. The contract for connection to city
sewer and/or water must require the property owner to annex or consent to
disconnection of the services. Connection for purposes of obtaining City sewer services
in an emergency requires, when feasible as determined by the City, the connection to
City water services.
The subject property proposed for annexation is wholly surrounded by the City. However,
limited sanitary sewer collection infrastructure is currently available.
Prior to final annexation approval, the applicant must construct a fire apparatus turnaround
with an all-season road base at least 20 feet wide reviewed and approved by the Bozeman
Fire Department.
The property is connected to City water service due to its location within the Bozeman
Solvent Site Area. City sanitary sewer service is currently not being provided, however the
subject property is utilizing an on-site septic sewage system. No emergency connection is
requested at this time. The property owner is seeking annexation. Partial sanitary sewer
service and completion of the water line is required as part of the suggested terms of
annexation.
168
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 22 of 39
Full connection to City services will be required to be provided concurrent with future
development, redevelopment, or septic system failure. Terms of Annexation 5 and 8-10
address connection to services.
Policy 11: The annexation application shall be accompanied by mapping to meet the
requirements of the Director of Public Works. Where an area to be annexed can be
entirely described by reference to a certificate of survey or subdivision plat on file with
the Gallatin County Clerk and Recorder the mapping may be waived by the Director of
Public Works.
Mapping to meet the requirements of the Director of Public Works must be provided with the
Annexation Agreement. Typically, this includes an 18-inch by 24-inch mylar map, a reduced
8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes
and bounds legal description of said property. The annexation shows adjacent rights-of-ways
and easements. An annexation map is required to include a metes and bounds description of
the entire area to be annexed. Mapping requirements are addressed in Recommended Term of
Annexation # 2.
Policy 12: The City will assess system development/ impact fees in accordance with
Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
This annexation does not require immediate payment of fees. The annexation agreement will
provide notice of obligations to pay impact fees at times and amounts as required in
ordinance. See Term of Annexation 3.
Policy 13: Public notice requirements: Notice for annexation of property must be
coordinated with the required notice for the zone map amendment required with all
annexation. The zone map amendment notice must contain the materials required by
38.220.410, BMC.
Notices of the public hearing have been mailed, published in the Bozeman Daily Chronicle,
and posted on the site as required under this policy. See Appendix A for more details.
Policy 14: Annexation agreements must be executed and returned to the City within 60
days of distribution of the annexation agreement by the City, unless another time is
specifically identified by the City Commission.
This policy will be implemented only if the Commission acts to grant preliminary approval
of the annexation. If the application is not approved then no annexation agreement will be
necessary.
The terms of annexation require the construction of sewer service lines prior to final
annexation approval. This means the applicant must submit infrastructure plans to the City
for review and approval, contract for the work to be done, and have the infrastructure
constructed before the Commission can finally approve the Resolution of Annexation. Staff
169
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 23 of 39
suggests an upper time limit on these steps on October 31, 2021 to complete the
improvements and inform the City to prepare the annexation agreement for Commission
approval or the approval is null and void. See term of annexation No. 10.
Policy 15: When possible, the use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Policy 16: Where a road improvement district has been created, the annexation does
not repeal the creation of the district. The City will not assume operations of the district
until the entirety of the district has been annexed. Any funds held in trust for the
district will be used to benefit the district after transfer to the City. Inclusion within a
district does not lessen the obligation to participate in general city programs that
address the same subject.
No road improvement district is associated with this application. However, a fire turnaround
to ensure public safety is required and must be approved the Bozeman Fire Department.
Policy 17: The City will notify the Gallatin County Planning Department and Fire
District providing service to the area of applications for annexation.
The listed agencies were notified and provided copies of the annexation application materials
on December 10, 2021.
Policy 18: The City will require connection to and use of all City services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal utilities. Upon development, unless otherwise approved by the
City, septic systems must be properly abandoned and the development connected to the
City sanitary sewer system. Upon development, unless otherwise approved by the City,
water wells on the subject property may be used for irrigation, but any potable uses
must be supplied from the City water distribution system and any wells disconnected
from structures. The property owner must contact the City Water and Sewer
Superintendent to verify disconnects of wells and septic systems.
Site specific circumstances exist on the subject property that preclude full connection to City
services immediately. At this time, there is no downstream connection for sanitary sewer
service. Terms of annexation detail how and when connects must be made if the annexation
is approved by the City Commission. These include the construction of sanitary sewer
infrastructure from a portion to the south of the subject property constructed by Murdock’s’
in anticipation of complete system build out.
Extension of water mains are required with the annexation. In conjunction with future
connection the septic system must be properly abandoned and the well disconnected from the
domestic supply. Terms of Annexation 8-10 address these issues.
170
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 24 of 39
SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for 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 discretion to determine a policy direction. The burden
of proof that the application should be approved lies with the Applicant. See the application
materials for the Applicant’s response to the criteria.
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 application was initially submitted on October 16, 2021. Additional information
was requested from the applicant to complete required submittal requirements and detail
proposed infrastructure connections. Information was submitted on December 7, 2021.
The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning
Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are
applied locally. Application of the criteria varies depending on whether an amendment is for
the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning
amendment is accordance with a growth policy.
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
171
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 25 of 39
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“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 has been within in the anticipated growth area of the City and
been wholly surrounded by the City since the adoption of the State Lands East, Resolution
3974.
As shown on the maps in Section 1, on the excerpt of the current future land use map, the
property is designated as Regional Commercial and Service. The Regional Commercial and
Service designation description reads:
“Regionally significant developments in this land use category may be developed
with physically large and economically prominent facilities requiring substantial
infrastructure and location near significant transportation facilities. Due to the
scale of these developments, location, and transition between lower density uses
is important. Residential space should be located above the first floor to maintain
land availability for necessary services. Development within this category needs
well-integrated utilities, transportation, and open space networks that encourage
pedestrian activity and provide ready-access within and adjacent to development.
Large community scale areas in this land use category are generally 75 acres or
larger and are activity centers for several surrounding square miles. These are
intended to service the overall community as well as adjacent neighborhoods and
are typically distributed by a one-to two-mile separation.”
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 B-2 district is an implementing district of the Regional Commercial
and Service category.
172
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 26 of 39
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. This request moves a designation from County M-1 to the City designation
of B-2. B-2 allows for residential use along with the intent of commercial activity. The
subject property currently is used for commercial activity and not manufacturing of any
intensity.
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, even within already developed areas. It is inconsistent with
this approach to zone at annexation 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 Applicant argues the proposed zone change in accordance with the Growth Policy by
stating, “… the proposed Zone Map Amendment is in accordance with the City’s Growth
Policy. The proposed zoning is B2 – Community Business District. The property’s land use
designation is Regional Commercial and Services and is intended to service the overall
community as well as adjacent neighborhoods. Residential space is allowed and would be
located above the first floor to maintain land availability for necessary services and will
allow for a work-live environment.”
According to current land use inventory data there is no residential use in the vicinity.
Current land use is dominated by commercial and industrial activity.
Goal DCD-1: Support urban development within the City.
The proposed zoning is occurring in conjunction with an annexation. Any future
development will be required to occur at urban densities and will be within the City. If the
City Commission declines the annexation then the requested B-2 zoning will not occur.
DCD-1.11 Pursue annexations consistent with the future land use map and adopted
facility plans for development at urban intensity.
173
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 27 of 39
The proposed zoning is consistent with the future land use map and is within the current
facilities plans. Although limited infrastructure is currently installed near the subject property
this action is the first step in correcting this deficiency.
Goal EE-1: Promote the continued development of Bozeman as an innovative and
thriving economic center.
Annexing and establishing City zoning allows considerably more development
opportunity on the site than the constraints associated with the current County designations
and water and wastewater system.
EE-1.1 Support the goals and objectives outlined in the Bozeman Economic
Development Strategy.
This change supports Goal 1: Expand the Existing Base of the Bozeman Economic
Development Strategy by providing access to basic infrastructure allow existing business to
expand in use, intensity, or area.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
The zone map amendment is proposed in association with an annexation. The area to be
annexed is wholly surrounded by the City boundary and eliminates one of a number of
isolated inholding with the City service area and street network.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
The property is wholly surrounded by the City. The property is seeking annexation and
municipal zoning for the purpose of maintaining and possibly expanding the use and
intensity of the site. The application is in accordance with the growth policy.
The application furthers the following annexation goals and policies of the City, Resolution
No. 5076. These include Goal 1, 2, 3, 5, and 10 as detailed above in the annexation analysis.
B. Secure safety from fire and other dangers.
Yes. The existing building is constructed of unknown quality, fire, and safety measures. Any
renovations, expansions, or removal and replacement must meet the development standards
174
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 28 of 39
of the City and, in some cases, might require retrofitting to ensure the building is safe for
occupants and neighboring properties.
A Term of Annexation is included, as suggested by the Bozeman Fire Department, that the
applicant must construct a fire apparatus turnaround with an all-season road base at least 20
feet wide reviewed and approved by the Bozeman Fire Department. Additional life and fire
safety measures are suggested but not practicable at this time. Subsequent development or
redevelopment, sewer system failure, or availability of more robust City infrastructure will
trigger the construction of these measures. These include full four season access around the
building and a fire hydrant.
The application of the development standards of the City will provide for safe construction,
fire protection water supply through water main extensions, and police response will be
provided after annexation. The 2017 Fire Master Plan of the City evaluated ability to serve
this area as the City builds out its fire response facilities. The City’s development standards
will require adequate emergency response access, addressing for rapid response, and the site
is outside of any known flood hazards.
C.Promote public health, public safety, and general welfare.
Yes. The proposed B-2 zoning designation will promote general welfare by implementing
the future land use map in the Bozeman Community Plan. See comments in Criteria B and D.
City development standards included in Chapter 38, Unified Development Code, building
codes, and engineering standards all ensure that this criterion is met. Rapid and effective
emergency response provides for public safety.
The existing building on the property poses unique interpretation of this criterion. The
criteria of evaluation is predicated on the creation of zoning and less rezoning. This
application is more unique because the property was developed under County jurisdiction
and rules and now asks to be annexed into the City and begin fully connect to City services.
Full City services are not currently available and must be extended and connected to the
existing building. In the meantime, if annexed, City Fire and Police Departments are
responsible for responding to any emergency.
As noted in criterion B, further development and redevelopment must be in accordance with
modern building, access, stormwater, pedestrian circulation, ingress and egress to the site,
and full connection to the greater transportation network for users ensuring the promotion of
public health, safety and general welfare.
Ingress and egress is provide by a single drive isle onto North 7th. According to Montana
Department of Transportation there is no approved encroachment permit for the property.
Public health and safety will be positively affected by requiring new and redevelopment to
connect to municipal sanitary sewer and water systems, which will prevent groundwater
pollution and depletion by wells and septic systems.
175
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 29 of 39
D.Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The BCP 2020, page 74, says regarding evaluation of Criteria B-D for zoning
amendments:
“For a map amendment, all three of the above elements are addressed primarily
by the City’s long range facility Plans, the City’s capital improvements program,
and development standards adopted by the City. The standards set minimum
sizing and flow requirements, require dedication of parks, provision of right of
way for people and vehicles, keep development out of floodplains, and other
items to address public safety, etc. It is often difficult to assess these issues in
detail on a specific site.
For example, at the time of annexation, the final intensity of development is
unknown and it may be many years before development occurs and the impacts
are experienced. The availability of other planning and development review tools
must be considered when deciding the degree of assurance needed to apply an
initial zoning at annexation.”
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. Private development must demonstrate compliance with
standards.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas and those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. 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
176
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 30 of 39
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.”
Future development of the area will require dedication and construction of streets, provision
of parks (if required), extension of water and sewer services, and placement of easements for
telecommunication, electricity and similar dry utilities. The associated annexation will
partially address required compliance with City standards. Special Improvement Distracts
waivers for transportation improvements are required with annexation.
Dedication of street right of way is not required with this application.
Water distribution system is on the east side of North 7th Avenue and at the terminus of Flora
Lane to the south of the property. The ZMA exhibit shows the proposed future connections to
full City water and sewer.
E.Reasonable provision of adequate light and air.
Yes. The B-2 zoning district includes development standards that address setbacks, height,
and lot coverage, which provide for the reasonable provision of adequate light and air. 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. Any future development of the property will be required to conform to open space
requirements and City standards for setbacks, height, lot coverage, and buffering which will
ensure that residents have an adequate amount of 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.
F.The effect on motorized and non-motorized transportation systems.
Yes. The recommended contingencies and terms of approval of this application addresses the
effects on transportation systems, including measures that will mitigate impacts of the future
development on both motorized and non-motorized transportation systems. The property is
wholly surrounded by the City with access to the transportation system. As the area develops
to the north and west additional transportation network will be constructed and this site must
reconfigure their circulation to access from the Flora Lane Cultivar Street.
The recommended terms of annexation and City’s development approval processes, for
example requirements for easements, the waiver of the right to protect special improvement
districts related to transportation, and construction of future roads are expected to sufficiently
address impacted transportation systems as a result of the map amendment.
On page 74-75 of the BCP 2020 in the discussion of application of the zoning criteria it says:
177
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 31 of 39
“Development creates or funds many of the City’s local streets, intersection upgrades,
and trails. Therefore, although a text or map amendment may allow more intense
development than before, compliance with the adopted Plans and standards will provide
adequate capacity to offset that increase.”
As the zoning designation itself does not change traffic flow or transportation demand, and
the compliance of future development with adopted standards will offset impacts from
development.
Staff agrees with the applicant finding that states, “Any future development may affect the
City’s transportation system with increased traffic. A Traffic Impact Study may be required
with future development of this property which will identify the extent of increased traffic
volumes and specify required infrastructure improvements to serve the development. The
extent of these improvements would be determined during subdivision and/or site plan
review.”
G.Promotion of compatible urban growth.
Yes. Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.7 BMCto 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
“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.
178
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 32 of 39
The proposed B-2 district is a predominantly commercial district and is the same as the
adjacent commercial development to the south. The allowed uses for commercial districts are
set in table 38.310.040. M-1 (Light Manufacturing) surrounds the property to the north, east,
and west. With adopted zoning standards, these districts can be complementary and both
implement the Regional Commercial and Service Land use designation. Development may
take many forms in either zoning district. All development in the B-2 district is 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;
G. Maintains and enhances property values within Bozeman.”
The proposed amendment is associated with an annexation creating continuity between the
existing and surrounding uses. Staff concludes B-2 zone 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.
Yes. The proposed B-2 zoning designation maintains the character of the district, with the
surrounding areas zoned B-2 and M-1. The proposed zone map amendment creates a
complimentary land use when looking at the larger vicinity of the subject property and does
not significantly change the character of the district. Existing uses in the building are consistent
with the B-2 zoning district as they are commercial and not industrial in nature.
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 amends 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.
179
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 33 of 39
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 subdivision lot zoned by the
county as R-O, Residential office. 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.”
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 in this new area
of the B-2 district to be compatible with adjacent development and uphold the character of the
area.
I. Peculiar suitability for particular uses.
Yes. The property is located in an area designated by the city for Regional Commercial and
Service development. The proposed B-2 zoning designation would allow for various land
uses, including a broad range of mutually supportive retail and service functions located in
clustered areas bordered on one or more sides by limited access arterial streets, with an
emphasis on commercial uses to support a more self-sufficient neighborhood; multi-
household dwellings, townhouses, and apartments are allowed as a secondary use in B-2. The
proposed B-2 city zoning is suitable for the site, given the size of the parcel, existing
buildings, and its location and proximity to surrounding zoning districts and connectivity
potential to city services and infrastructure.
J. Conserving the value of buildings.
Yes. Annexation and the establishment of zoning does not affect the existing buildings. New
structures developed on the site will be required to meet standards set forth in the Unified
Development Code for fire safety, setbacks, buffers and building heights, which will help
alleviate any potential negative impacts to the values of adjacent buildings as a result of future
development on the subject property.
Development potential on the property, once full municipal utilities are connected, is vastly
more than County development would allow, minimum site and construction standards will be
180
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 34 of 39
required to meet setback and other protective requirements set forth in the Bozeman Municipal
Code, which will alleviate potential negative impacts to the value of surrounding buildings and
properties. As described in earlier criteria, the proposed zoning is compatible with existing
buildings on adjacent properties and does not create any new situations not in compliance with
municipal code. Therefore, this criterion is met.
K.Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As discussed in Criteria A above, this property has been planned for commercial uses
for many years. The proposed B-2 district is a primarily commercial district. The property is
adjacent to the City, within the municipal services area, and can be annexed.
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 B-2 designation is adjacent to the area being zoned, and properties are developed in
accordance with the B-2 district. Because this is simply a small expansion of the B-2 district
that is not substantially different in terms of allowed land uses in the existing county M-1
district (both allow limited commercial and office uses), the land uses allowed on the subject
property are not significantly different than those that currently prevail in the area. Therefore,
staff finds that this criterion is not met.
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 application is submitted by one landowner in conjunction with annexation of the
single 2.009 acre property. Although the City supports multiparty annexation applications,
landowner annexation of single properties are the most frequent annexations.
As described in Criterion A above, the amendment advances the overall policies of the BCP
2020, the City’s adopted growth policy, and the growth policy and neighborhood plans for
Gallatin County. As the application advances the growth policies there are benefits to the larger
community from the amendment. Although there is generalized benefit to the community, the
number of direct beneficiaries is small.
181
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 35 of 39
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 the applicant/landowner will directly benefit from the proposed zone map
amendment, the proposed amendment is not at the expense of surrounding landowners or the
general public. As discussed above in the various review criteria above, no substantial
negative impacts are identified due to this amendment.
As discussed in Criterion A, the application is consistent both the City’s and the County’s
growth policy. The growth policy is the overall land use policy for the community.
Consistency with the growth policy demonstrates benefit to the general public. As discussed
under Criterion D, the City’s development standards will require the applicant to provide the
needed infrastructure to support any proposed development prior to construction of homes.
Concurrency and adequacy of infrastructure remove most potential injury to others.
As discussed in Criterion H, the application is different but consistent with the existing and
developing character of the area. Therefore, the amendment does not benefit the landowner at
the expense of others. Development of the site in any manner will create additional demand
for services and change the character of the site as a large lot single home. A change to an
urban district does not inherently injure the surrounding landowners.
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
182
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 36 of 39
must be delivered to the Bozeman City Clerk, 121 North Rouse Avenue, PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on February 7, 14, and 21st, 2021.
The site was posted on site and notices mailed by the applicant as required by 38.220 and the
required confirmation provided to the Planning Office. Notice was or will be provided at
least 15 and not more than 45 days prior to any public hearing.
As of the writing of this report on February 24, 2021, no written comments have been
received on this application.
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Regional Commercial and Service” in the Bozeman
Community Plan 2020.
1. REGIONAL COMMERCIAL AND SERVICE.
This category is described as, “Regionally significant developments in this land use category
may be developed with physically large and economically prominent facilities requiring
substantial infrastructure and location near significant transportation facilities. Due to the
scale of these developments, location, and transition between lower density uses is important.
Residential space should be located above the first floor to maintain land availability for
necessary services. Development within this category needs well-integrated utilities,
transportation, and open space networks that encourage pedestrian activity and provide
ready-access within and adjacent to development. Large community scale areas in this land
use category are generally 75 acres or larger and are activity centers for several surrounding
square miles. These are intended to service the overall community as well as adjacent
neighborhoods and are typically distributed by a one-to two-mile separation.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of B-2, “Community Business District.” in association
with the annexation of the property. According to Sec. 38.300.110(B) of the Unified
Development Code,“The intent of the B-2 community business district is to provide for a
broad range of mutually supportive retail and service functions located in clustered areas
183
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 37 of 39
bordered on one or more sides by limited access arterial streets. Multi-household dwellings,
townhouses, and apartments are allowed as a secondary use due to their complementary
nature and ability to enhance the walkability of these districts. 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.”
Table C-16 on the following page shows the correlation of zoning districts with the Growth
Policy’s land use categories, demonstrating that the proposed zoning designation of B-2
correlates with the Growth Policy’s future land use designation of “Community Commercial
Mixed Use”.
184
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 38 of 39
185
Staff Report for the 20346 PDI Investments Annexation & ZMA Page 39 of 39
Authorized uses in Commercial districts are detailed in section 38.310.040.
Table 38.310.040.A - Permitted general sales uses in commercial, mixed-use, and
industrial zoning districts,
Table 38.310.040.B - Permitted services and temporary lodging uses in commercial,
mixed-use, and industrial zoning districts,
Table 38.310.040.C - Permitted residential uses in commercial, mixed-use, and industrial
zoning districts,
Table 38.310.040.D - Permitted industrial and wholesale uses in commercial, mixed-use,
and industrial zoning districts, and
Table 38.310.040.E - Permitted public, regional, recreational, cultural and accessory uses
in commercial, mixed-use, and industrial zoning districts
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner:PDI Investments, LLC, 431 North 7th Avenue, Bozeman, MT 59715
Applicant:Madison Engineering, 885 Technology Blvd., 203, Bozeman, MT 59718
Representative:Madison Engineering, 885 Technology Blvd., 203, Bozeman, MT 59718
Report By:Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment. Future development will incur costs and generate
review according to standard City practices.
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
186
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
187
188
APPLICATION FEE
Varies by project type
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
Development Review Application Page 3 of 3 Revision Date: June 2020
REQUIRED FORMS
Varies by project type
DEVELOPMENT REVIEW APPLICATION
Check all that apply FORM
1. Administrative Interpretation Appeal AIA
2. Administrative Project Decision Appeal APA
3. Annexation and Initial Zoning ANNX
4. Commercial/Nonresidential COA CCOA
5. Comprehensive Sign Plan CSP
6. Condominium Review CR
7. Conditional Use Permit CUP
8. Extension to Approved Plan EXT
9. Growth Policy Amendment GPA
10. Informal Review INF
11. Master Site Plan MSP
12. Modification/Plan Amendment MOD
13. Neighborhood/Residential COA NCOA
14. Pre-application Consultation None
15. PUD Concept Plan PUDC
FORM
16. PUD Preliminary Plan PUDP
17. PUD Final Plan PUDFP
18. Reasonable Accommodation RA
19. Site Plan SP
20. Special Use Permit SUP
21. Special Temporary Use Permit STUP
22. Subdivision Exemption SE
23. Subdivision Pre-Application PA
24. Subdivision Preliminary Plan PP
25. Subdivision Final Plat FP
26. Wetland Review WR
27. Zone Map Amendment ZMA
28. Zone Text Amendment ZTA
29. Zoning/Subdivision Variance Z/SVAR
30. Zoning Deviation/Departure None
31. Other:
APPLICATION TYPE
189
190
N1
Noticing Materials Page 1 of 1 Revision Date 01-28-20 Required Forms: N1 Recommended Forms: Required Forms:
NOTICING MATERIALS 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. SITE PLAN, MASTER SITE PLAN, CONDITIONAL USE PERMIT, VARIANCE, DEVIATION, FIRST MINOR SUBDIVISON AND SIMILAR REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. Legible list of full names and addresses of all property owners within 200 feet of the project site, attached to this checklist. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. MAJOR AND SUBSEQUENT MINOR SUBDIVISION REQUIRED NOTICING MATERIALS Completed and signed property adjoiners certificate form N1. 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. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the adjoining property owners. 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 CONTIGUOUS. Stamped, unsealed, plain (no return address) #10 envelopes preaddressed with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed. Two sets additional mailing labels with the names and addresses of the physically contiguous property owners including recorded purchasers under contract for deed attached. NOTICE Current property owners of record can be found at the Gallatin County Clerk and Recorder’s Office in the Gallatin County Courthouse 311 West Main Street Bozeman, Montana.
CERTIFICATION 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 CONTACT US Alfred M. Stiff Professional Building 20 East Olive Street 59715 (FED EX and UPS Only) PO Box 1230 Bozeman, MT 59771
phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net
191
PDI Zone Map Amendment Application Narrative
Page 1 of 3
PDI ANNEXATION
INITIAL ZONE MAP AMENDMENT
CRITERIA NARRATIVE
1. Zone Map Amendment Criteria
a. Is the new zoning designed in accordance with the growth policy? How?
Response: Yes, the proposed Zone Map Amendment is in accordance with the
City’s Growth Policy. The proposed zoning is B2 – Community Business
District. The property’s land use designation is Regional Commercial and
Services and is intended to service the overall community as well as adjacent
neighborhoods. Residential space is allowed and would be located above the
first floor to maintain land availability for necessary services and will allow
for a work-live environment.
b. Will the new zoning secure safety from fire and other dangers? How?
Response: Yes, the proposed Zone Map Amendment will secure safety from fire
and other dangers. The proposed zoning is designed to secure safety from
fire and other dangers by requiring development per the City of Bozeman
standards. Regulatory provisions established for all City of Bozeman zoning
districts ensure an adequate transportation network, fire services, and public
utility lines.
c. Will the new zoning promote public health, public safety and general welfare?
How?
Response: Yes, the proposed Zone Map Amendment will promote public health,
public safety and general welfare. The proposed zoning will promote public
health, safety and general welfare by requiring the property to develop per
the City of Bozeman standards and regulations in terms of public health,
safety and general welfare.
The property is currently developed with commercial businesses. Any future
development is subject to review for protection of the public health, safety,
and general welfare of the community. Future connection to municipal water
and sanitary sewer will reduce water contamination issues from an
abundance of groundwater wells and will eliminate environmental risks
associated with septic systems. Municipal fire and emergency response
services will protect public health and safety and respond to the property at
the time of annexation. The subject property falls within the existing City
service area.
d. Will the new zoning facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements? How?
192
PDI Zone Map Amendment Application Narrative
Page 2 of 3
Response: Yes, the proposed Zone Map Amendment will facilitate the adequate
provision of transportation, water, sewerage, schools, parks and other public
requirements. The subject property fronts on North 7th Avenue which
currently provides primary access to the site. The property is also adjacent
to Flora Lane on the North and West. This applicant may be required to
provide additional right of way across the lot frontage to meet the City’s
roadway standards. The subject property falls within the Bozeman School
District #7 (BSD). BSD and Montana State University will provide
educational services for potential residents. Residential development of the
subject property will require parkland development or Cash in Lieu of
Parkland development or a combination of both.
The proposed zoning may facilitate the development of public infrastructure
improvements to serve the property as additional water and sewer mains,
roadways and access improvements that may be required to connect to city
infrastructure or for future development.
e. Will the new zoning provide reasonable provisions of adequate light and air?
How?
Response: Yes, the proposed Zone Map Amendment will provide reasonable
provisions of adequate light and air in the future if additional development
occurs to applicable setbacks, building heights, and buffering standards that
have been adopted by the City.
f. Will the new zoning have an effect on motorized and non-motorized
transportation systems? How?
Response: Neutral. The property is already developed and appears no
additional development can take place without substantial reconstruction of
the existing buildings. Any future development may affect the City’s
transportation system with increased traffic. A Traffic Impact Study may be
required with future development of this property which will identify the
extent of increased traffic volumes and specify required infrastructure
improvements to serve the development. The extent of these improvements
would be determined during subdivision and/or site plan review.
g. Does the new zoning promote compatible urban growth? How?
Response: Yes, the proposed B2 zoning does promote compatibility with urban
growth as the adjacent property to the South is zoned B2 - Community
Business District and M1 – Light Manufacturing to the North and West.
h. Does the new zoning promote the character of the district? How?
Response: Yes, the proposed B2 zoning does promote the character of the
district. The adjacent property to the South is zoned B2 - Community
Business District and M1 – Light Manufacturing to the North and West.
193
PDI Zone Map Amendment Application Narrative
Page 3 of 3
i. Does the new zoning address the affected area’s peculiar suitability for particular
uses? How?
Response: The proposed zoning will address the affected area’s peculiar
suitability for particular uses as the property, if developed further, will be
developed to applicable standards that have been adopted per the City of
Bozeman’s development standards and regulations
j. Was the new zoning adopted with a view to conserving the value of buildings?
How?
Response: Yes, the property is already developed with commercial businesses.
k. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area? How?
Response: Yes, the proposed B2 zoning will encourage the most appropriate use
of the property as the property is already developed with commercial
businesses.
END OF NARRATIVE
194
195
196
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Appointments to the Planning Board
MEETING DATE:March 9, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:I move to appoint up to three Commission appointees with terms ending
January 31, 2023, up to two Mayoral appointees with terms ending January
31, 2023, and confirm the Gallatin County Commission Appointee, Jerry
Pape, to a term ending January 31, 2023.
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:Three City Commission Appointment positions terms expired January 31,
2021. Two Mayoral Appointment positions are vacant. The County
Commission Appointment has been confirmed by the County. The City
Clerk’s office received renewals from three applicants and four new
applications.
The City Planning Board shall encourage local units of government to
improve and plan for the future development of the City of Bozeman and
areas adjacent to the City to the end that highway systems be carefully
planned; that new community centers grow only with adequate highway,
utility, health, educational, and recreational facilities; that the needs of
agriculture, industry, and business be recognized in future growth; and that
residential areas provide healthy surroundings for family life.
The City of Bozeman Planning Board powers and duties, jurisdiction and
composition are codified in the Bozeman Municipal Code in Sections
2.05.500 through 2.05.520. The composition is listed as follows:
Sec. 2.05.520. Composition.
A. The planning board shall consist of nine members, appointed to two-
year terms to expire on January 31, as follows:
1. One member appointed by the city commission from its own
membership. The term of the appointed member shall be coextensive with
the term of office to which such member has been elected or appointed
197
unless the commission, on its first regular meeting of each year, appoints
another to serve as its representative or unless the appointee's commission
term is terminated;
2. Three members appointed by the city commission, one of whom, at the
commission's discretion, may be an employee of the city or hold public office
in the city or the county. The appointments shall be for two-year terms, with
those terms to expire on January 31 of odd-numbered years;
3. One member appointed by the mayor, upon designation by the county
board of commissioners, who may be a member of the board of county
commissioners or an office holder or employee of the county. This
appointment shall expire on January 31 of odd-numbered years;
4. Four citizen members appointed by the mayor, who shall be resident
freeholders within the city limits, and who shall be qualified by knowledge
and experience in matters pertaining to the development of the city. These
appointments shall be coterminous with the term of the mayor.
B. The city clerk shall certify the members appointed by the city
commission. The certificates shall be sent to and become a part of the
records of the planning board. The mayor shall make similar certification for
the appointment of citizen members.
This board currently has three expired City Commission Appointment
positions, two vacant Mayoral Appointment positions, one County
Commission Appointment to be confirmed. The City Clerk’s Office has
received three reapplications and four new applicants with their relevant
qualifications indicated below.
1. Three City Commission Appointment positions with a term expiring
January 31, 2023 | Qualifies: C. Quisenberry, J. Hansen, M. Hausauer, A. Stix,
G. Thompson, M. Egge, C. Costakis
2. Two Mayoral Appointment positions with terms expiring January 31,
2022 | Qualifies: C. Quisenberry, J. Hansen, M. Hausauer, A. Stix, G.
Thompson, M. Egge, C. Costakis
3. One County Commission Appointment position with a term expiring
January 31, 2023 | Qualifies: G. Pape, Jr.
Applicants:
Caitlin Quinsenberry
Joe Hansen
Matthew Hausauer
Amy Stix
George Thompson
Mark Egge
Cathy Costakis
Jennifer Madgic is the City Commission liaison for this board.
City Planning Board appointments vary, some are City Commission
appointments, some are Mayoral appointments and one is a Gallatin County
Commission appointment.
198
UNRESOLVED ISSUES:None.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None.
Attachments:
02-05-21 CAB Application - G. Thompson, reapplicant.pdf
06-25-20 CAB Application - C. Quisenberry, new applicant.pdf
10-29-20 CAB Application - J. Hansen, new applicant.pdf
11-02-20 CAB Application - M. Hausauer, new applicant.pdf
01-21-20 CAB Application - A. Stix, new applicant.pdf
01-30-21 CAB Application - M. Egge, reapplicant.pdf
01-31-21 CAB Application - C. Costakis, reapplicant.pdf
Report compiled on: February 26, 2021
199
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Thursday, February 4, 2021 4:12:17 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:02/04/2021 4:09 PM
Response #:327
Submitter ID:34755
IP address:71.15.197.197
Time to complete:28 min. , 16 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
200
First Name george
Last Name Thompson
Physical Address 12 hill st
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 586-6000
Additional Phone Not answered
Current Occupation Manager Property Maintenence
Employer Self Employed
Email gthompson.bozmt@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
County Tax Appeals bd 2008-12, Boz impact fee bd 2012-16, Boz Planning Zoning Bd 2016-current
Please explain your relevant qualifications, interests and experiences:
Masters Architecture, Licensed Architect, specializing in public, institutional projects, public schools, multi-
family, hospitals, law enforcement.
MBA Finance, developments including 1200 acre new Town Center comprised of 145 ac Park, school sites,
mixed use commercial/residential. Over 1,000 housing units from single family to senior housing. Creating
shopping districts, grocery, neighborhood amenities with walking/bike accessibility.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Jen Madgic, 406-582-9544, jmadgic@bozeman.net
Reference 2
Henry Happel, 206-277-6005hap@fastmail.fm
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
201
How did you hear about this board or vacancy?
Bozeman planning bd web site
Is there any other information that you feel we need to know?
If Zoning Board meets same night as Planning Bd, would be interested in sitting on that board.
Otherwise preference is Planning Bd.
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
202
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Thursday, June 25, 2020 4:44:23 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:06/25/2020 4:44 PM
Response #:262
Submitter ID:28010
IP address:70.33.15.241
Time to complete:31 min. , 36 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
203
First Name Caitlin
Last Name Quisenberry
Physical Address 302 Sweetgrass Ave
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59718
Primary Phone (512) 592-1776
Additional Phone Not answered
Current Occupation Programming and Events Manager
Employer Big Sky Chamber of Commerce
Email caitlin.a.quisenberry@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 1-5 years
Have you ever served on a City or County Board or Commission?
(○) No
Please explain your relevant qualifications, interests and experiences:
I currently work for the Big Sky Chamber of Commerce. As an unincorporated "census-designated place",
the role of municipal services falls to the various community organizations, the BSCC being an integral one
in the developing of that community. I have really enjoyed being a part of the group developing a town
including participating in the Big Sky Coordinating Council. Which meets to develop a unified vision for the
future of Big Sky. I work there but live here in Bozeman and would love to take my passion for community
building and use it in my own town. Planning is incredibly important to the future of a place and I would be
honored to serve the city in this capacity as a citizen on an advisory board.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Shannon Sears, 406-224-7690, ssears@montanatitle.com
Reference 2
Hanna Heidkamp, 224-645-0435, hanna.heidkamp@yellowstoneclub.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
204
How did you hear about this board or vacancy?
Nextdoor
Is there any other information that you feel we need to know?
I may not have formal educational experience in planning, but it is a hobby of mine to research. I also feel
that it is very important to be involved in your community.
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
205
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Thursday, October 29, 2020 4:26:47 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:10/29/2020 4:24 PM
Response #:304
Submitter ID:32051
IP address:2600:6c67:5080:21b1:dcc4:acf9:9ba9:fd7b
Time to complete:20 min. , 34 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
206
First Name Joe
Last Name Hansen
Physical Address 1701 South Black
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 548-7840
Additional Phone Not answered
Current Occupation retired
Employer none
Email joe.hansenbzn@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) No
Please explain your relevant qualifications, interests and experiences:
My qualifications to serve on the Planning Board is comprised of education and experience. I have masters
degree in Civil Engineering (Construction Management) and I have been a contractor or construction
manager for most of my working career. I believe that I will be able to comprehend the technical aspects of
planning decision but I am aware that the Planning Board must seek guidance from a broad range of
professionals.
I have knocked about Bozeman since the 1970s; I went to MSU and then left for other places until I was
able to return in 1994. Like many I am very fond of Bozeman and I want to do my part to see the area grow
in a good way. I trust that I will be able to listen to differing points of view and I intend to do what is right
for Bozeman and the Gallatin Valley.
References: Please provide name, phone, and email contact information for two references.
Reference 1
John Healow
406 581 2869
no email address
Reference 2
Daphne Gilliam
406 548 4883
207
daphnegillam@gmail.com
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
found it on the City website
Is there any other information that you feel we need to know?
No
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
208
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Monday, November 2, 2020 8:18:53 AM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:11/02/2020 8:18 AM
Response #:305
Submitter ID:32117
IP address:2600:6c67:5180:4aef:950b:871f:da24:f02d
Time to complete:27 min. , 28 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
209
First Name Matthew
Last Name Hausauer
Physical Address 3004 Meah Lane
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59718
Primary Phone (406) 599-9124
Additional Phone Not answered
Current Occupation Civil Engineer
Employer Lynx Consulting LLC
Email matthausauer@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
I served on the Bozeman RPAB for 5+ years
Please explain your relevant qualifications, interests and experiences:
I'm a licensed civil engineer that has worked on a variety of environmental permitting and land
development projects around the Bozeman area since 2010. I'm familiar with the Unified Development
Code as I have been involved on developments of all sizes from annexation/initial zoning to site plans,
minor/major subdivisions, and planned unit developments (PUDs). I have experience in infrastructure
design and construction, urban planning, transportation engineering, stormwater management, floodplain
analysis and permitting, and overall project management.
My wife and I are frequent users of all of Bozeman's amenities from downtown dining to trail running to
losing pond hockey games at Bogart in the winter. We frequently travel which allows me to observe how
other cities/cultures operate. I endeavor to draw from those experiences when working on projects within
the Bozeman community. My interests include: skiing, trail running, biking, dogs, hiking, food, club soccer,
hockey, and backpacking.
I feel like I would be a reasonable asset to the Planning Board by providing intelligent review of the wide
variety of projects as the City grapples with historical growth while maintaining a strong sense of
community, character, and place. Thank you for your time and consideration.
210
References: Please provide name, phone, and email contact information for two references.
Reference 1
Laura Dornberger
Locati Achitects, Partner
(406) 570-7496
ldornberger@locatiarchitects.com
Reference 2
Addi Jadin
Parks Planner and Development Manager
City of Bozeman
(406) 548-7871
ajadin@bozeman.net
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
City of Bozeman website
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
211
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Friday, January 22, 2021 3:36:14 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:01/22/2021 3:36 PM
Response #:321
Submitter ID:34336
IP address:71.15.208.132
Time to complete:42 min. , 43 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
212
First Name Amy
Last Name Stix
Physical Address 510 W. Story Street
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 209-4564
Additional Phone Not answered
Current Occupation Director, Empower Program
Employer MSU
Email stix.amy@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) No
Please explain your relevant qualifications, interests and experiences:
I have been a permanent resident of Bozeman since 2003 and have owned a home in the historic district
since 2007. I care deeply about ensuring that current and future development in the community is
thoughtfully and creatively planned, so that critical infrastructure needs keep pace with population growth
and development. I am also interested in serving on a team that helps plan for the needs of a variety of
industries and businesses. I believe it is particularly important to ensure that agricultural producers and
related businesses have the space and resources needed to successfully operate in the Gallatin Valley.
In my professional work at Montana State University, I work closely with non-traditional students, many of
whom support families and identify as low-income city residents. I am passionate about ensuring that as
Bozeman's growth continues, mechanisms exist to provide sustainable, affordable housing options for low-
moderate income residents. I want Bozeman to be a city that is welcoming and inclusive to all that choose
to live and work here. I also believe that with thoughtful planning, the city can balance future growth with
preserving the natural amenities, trails, and open space that make Bozeman such a special place to live. For
these reasons, I am very interested in serving on the Planning Advisory Board.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Dr. Mari Eggers
Research Scientist
213
Montana State Univ.
PH: 994-3064
mari.eggers@montana.edu
Reference 2
Dr. Barbara Komlos
Program Administrator Graduate School
Montana State Univ.
PH: 994-4206
bkomlos@montana.edu
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
Bozeman Advisory Boards Website
Is there any other information that you feel we need to know?
I have served as a volunteer for HRDC for the past two years and am a current volunteer for Heart of the
Valley Animal Shelter.
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
214
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Saturday, January 30, 2021 9:44:11 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:01/30/2021 9:43 PM
Response #:322
Submitter ID:34568
IP address:72.255.182.254
Time to complete:14 min. , 41 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
215
First Name Mark
Last Name Egge
Physical Address 542 N Black Ave
PO Box (if different from
physical address)
Not answered
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 548-4488
Additional Phone Not answered
Current Occupation Data Scientist
Employer High Street Consulting Group
Email mark@eateggs.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 6-10 years
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
Parking Commission (2018 – Present); Planning Board (2019 – 2021)
Please explain your relevant qualifications, interests and experiences:
I’m am applying to the City Planning Board from a deep interest in seeing Bozeman manage its growth in a
way that fulfills the goals identified in its 2020 Community Plan—especially that Bozeman possess a high
quality housing stock that its residents can afford; and, that its residents have the choice between multiple
convenient and safe modes of transportation for accessing daily destinations.
Professionally, I work as a data scientist for a transportation planning firm. About half of my day-to-day
work directly supports planning activities. I would bring to the board both broad experience with the
planning process and specific technical expertise with transportation planning concepts, including
transportation performance measures, travel demand forecasting, and safety analysis. As a member of the
American Planning Association, I share a planner’s cognitive habit of taking a comprehensive approach,
maintaining a long-range vision, and cultivating a connection to place-based issues.
It has been a humbling privilege to be part of the Planning Board for the previous two years as it updated
Bozeman’s now-adopted Community Plan. I believe the 2020 Community Plan is a good plan, capturing the
community’s goals, and laying out clear strategies to support these goals. I am hopeful that the Planning
Board will have meaningful role in helping see the Community Plan implemented; I apply to serve as a
member of the Planning Board to support that work.
216
References: Please provide name, phone, and email contact information for two references.
Reference 1
Jennifer Madgic
jmadgic@gmail.com
(406) 582-9544
Reference 2
Henry Happel
henryhhappel@gmail.com
(206) 227-6005
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
Current board member
Is there any other information that you feel we need to know?
Not answered
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
217
From:webadmin@bozeman.net
To:Agenda
Subject:Citizen Advisory Board Application
Date:Sunday, January 31, 2021 7:23:11 PM
A new entry to a form/survey has been submitted.
Form Name:Citizen Advisory Board Application
Date & Time:01/31/2021 7:22 PM
Response #:323
Submitter ID:34586
IP address:35.133.24.56
Time to complete:48 min. , 55 sec.
Survey Details
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials
and staff believe in the value of public participation and local governance in the decision-making
process. If you are applying for more than one vacancy please submit an individual application for each
vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582-
2320.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual
communications, so a valid email address is required for all applicants. Please notify the City Clerk's
Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a
red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and
effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section
2.03.490.C.).
Applicant Information
218
First Name Cathy
Last Name Costakis
Physical Address 140 Village Crossing Way
PO Box (if different from
physical address)
Unit 2A
City Bozeman
State Montana
Zip Code 59715
Primary Phone (406) 581-8650
Additional Phone Not answered
Current Occupation public health consultant
Employer Self-employed
Email costakisce@gmail.com
Which position are you applying for?
(○) (City) Planning Board
Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while
others do not.)
(○) Yes
How long have you lived in the Bozeman Area?
(○) 11 years or more
Have you ever served on a City or County Board or Commission?
(○) Yes (If Yes, where and how long?)
Currently finishing a term on the planning board and also served a term in 2008 on the planning board
Please explain your relevant qualifications, interests and experiences:
I am a public health consultant who helps communities understand the connection between public health
and community design. I retired from Montana State University-Bozeman in 2018 after 20 years of service.
For 13 of those years I was a Senior Consultant to the Montana Department of Public Health and Human
Services and headed their built environment program. In partnership with statewide advisors, I developed
the Montana Building Active Communities Initiative (BACI) and worked with over 30 cities and counties
across the state providing technical assistance and training. I facilitated yearly BACI Action Institutes to help
multi-disciplinary community teams (including public works and planning staff, public health professionals,
elected officials, school leaders, economic development leaders, recreation staff, etc.) develop better
policies, plans and projects to create more accessible, inclusive and walkable places. I have a strong interest
in transportation, park and recreation, and housing issues. I am also very interested in sustainability issues
and issues related to equity and inclusion.
I currently serve on the Bozeman Planning Board. I also serve on the board of Headwaters Economics and
the Gallatin Valley Land Trust where I chair the Trails Committee. I am the current Bozeman planning board
member on the PCC. I am also on the steering committee for A Seat at the Table-Gallatin Valley
(atthetablegv.org) where we are currently working on housing issues for our Seat at the Table next
summer. I have served on several expert panels convened by the Centers for Disease Control and
Prevention and was an invited speaker at the Academy of Sciences Health and Medicine Division Workshop
219
—Advancing Obesity Solutions through Investments in the Built Environment–in Washington DC. I have a
B.A. in Finance from the University of Illinois and a M.S. in Health Promotion from Montana State
University.
References: Please provide name, phone, and email contact information for two references.
Reference 1
Randy Carpenter, Future West
406-582-8937
randy@future-west.org
Reference 2
Ralph Johnson, Professor of Architecture, MSU
406-994-4650
ralphj@montana.edu
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training.
If appointed, do you understand you will be expected to take online and in person ethics training?
(○) Yes
How did you hear about this board or vacancy?
I am a current member of the board.
Is there any other information that you feel we need to know?
No.
If you have a disability that requires assistance or need accommodations, please contact our ADA
Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All applications are
included in the City Commission’s Meeting materials for consideration which are electronically
archived and available to the public.
Thank you,
City Of Bozeman
This is an automated message generated by the Vision Content Management System™. Please do not reply
directly to this email.
220