HomeMy WebLinkAbout04-12-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order
B.Disclosures
C.Approval of Minutes
C.1 Minutes Approval for 03-22-21(Rogers)
D.Public Comment
Please state your name and address in an audible tone of voice for the record. This is the time for
individuals to comment on matters falling within the purview of the Committee. There will also be
THE ZONING COMMISSION OF BOZEMAN, MONTANA
ZC AGENDA
Monday, April 12, 2021
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an opportunity in conjunction with each action item for comments pertaining to that item. Please
limit your comments to three minutes.
E.Action Items
E.1 NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map
from PLI, Public Lands and Institutions, to M-1, Light Manufacturing, on approximately 5.46
acres, located at the North End of Rouse Avenue 560 Feet North of Griffin Drive, Application
21011(Saunders)
E.2 The Four Points Zone Map Amendment application to rezone two existing parcels from R-4
(Residential High Density) to R-5 (Residential Mixed-use High Density) on 36.117 acres,
Application 21005.(Rogers)
E.3 Form and Intensity Standards Update Text Amendment, Ordinance 2070 to Revise the
Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to
Account for a Change in Construction Industry Standards and to Increase the Height in R-O
and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and
Change the Location of Commercial Front Setback Designations. Revise Affected Sections to
Implement the Revisions.(Miller)
E.4 Repeal and Replace Division 38.270 – Improvements and Guarantees – of the Bozeman
Municipal Code to Allow Greater Flexibility to Concurrently Construct Improvements and
Development Projects, Require Installation of Sidewalks Commensurate with All Other
Improvements to Provide Accessibility for Everyone, and to Generally Clean up the
BMC.(Rischke/Saunders)
F.FYI/Discussion
G.Adjournment
For more information please contact Tom Rogers at trogers@bozeman.net
This board generally meets the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM
Committee meetings are open to all members of the public. If you have a disability and require
assistance, please contact our ADA coordinator, Mike Gray at 582-3232 (TDD 582-2301).
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Memorandum
REPORT TO:Zoning Commission
SUBJECT:Minutes Approval for 03-22-21
MEETING DATE:April 12, 2021
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:Suggested Motion:
I move to approve the meeting minutes for March 22nd, 2021
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:None
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Approve meeting minutes with corrections.
2. Do not approve meeting minutes.
FISCAL EFFECTS:None
Attachments:
03-22-21 Zoning Commission Minutes DRAFT.pdf
Report compiled on: March 24, 2021
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Bozeman Zoning Commission Meeting Minutes, 03-22-21
Page 1 of 5
THE ZONING COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, March 22, 2021
A) 00:01:26 Call meeting to order
00:01:44 WebEx Meeting Information
Present: Nicole Olmstead, Mark Genito, George Thompson
Absent: Kirsa Shelkey, Christopher Scott
B) 00:05:35 Disclosures
C) 00:05:53 Approval of Minutes
C.1 Minutes Approval for 10-26-20 and 02-22-21
Cover Page
10-26-20 Zoning Commission Minutes DRAFT.pdf
02-22-21 Zoning Commission Minutes DRAFT.pdf
00:06:03 Motion C) Approval of Minutes
Mark Genito: Motion
Nicole Olmstead: 2nd
00:06:36 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 3 - 0
Approve:
Nicole Olmstead
Mark Genito
George Thompson
Disapprove:
None
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Bozeman Zoning Commission Meeting Minutes, 03-22-21
Page 2 of 5
Due to technical difficulties, the meeting was delayed 30 minutes.
D) 00:31:09 Public Comment
No public comment at this time.
E) 00:33:13 Action Items
E.1 Buffalo Run Zone Map Amendment to Establish Initial Zoning of R-4, Residential High
Density District, on Approximately 20.7 Acres at 5400 Fowler Lane, Application 21076
Cover Page
21076 Buffalo Run Annx-ZMA ZC Staff Report 3-17-2021.pdf
21076 Buffalo Run ZC App Packet.pdf
00:33:55 Staff Presentation
Staff Planner Chris Saunders presented to the board the Buffalo Run Annexation where he explained the
different zones in the surrounding areas, the infrastructure in the surrounding area, and recommended
that the application meets Zoning Criteria of Evaluation.
Board Member Shelkey joined the meeting late due to technical difficulties.
00:53:47 Board Questions
Board members directed questions to Planner Saunders.
00:56:18 Applicant Presentation
Applicant Derek Williams introduced the other members of the applicant team and announced the
changes that had been made to the application since the January meeting.
Applicant Rob Pertzborn presented to the board on the community plan for Buffalo Run and the
surrounding areas, the uses that are allowed in R-4 zoning, the applicable community plan goals, and the
ZMA approval criteria.
01:07:31 Board Questions
Board members directed questions to the applicant.
01:39:56 Public Comment
Planner Saunders recommended that there be a 5 minute recess before the public comment session
began to which Chairman Thompson agreed.
Chairman Thompson announced that public commenters will be cut off after 3 minutes of speaking in
order to ensure that all public comments are able to be heard in a timely manner.
Renee Gavin (4929 Fowler ln) commented in opposition of the zone map amendment.
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Bozeman Zoning Commission Meeting Minutes, 03-22-21
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David Parker (3301 S. 27th) spoke in opposition of the zone map amendment.
Forrest Schoessnow (2918 Mia Ln.) commented in opposition of the zone map amendment.
William Smallen (3222 S. 26th) commented in opposition of the zone map amendment.
Diane Brawner commented in opposition of the zone map amendment.
Scott Walgren (3090 Mia Ln) commented in opposition of the zone map amendment.
Craig Ogilvie (3428 S 30th) commented in opposition of the zone map amendment.
Brett Gunnink (3361 S 29th) commented in opposition of the zone map amendment.
Steve Krezminski (3328 Parkway Ave) commented in opposition of the zone map amendment.
Ursula Neese (6532 Fowler Ln) commented in opposition of the zone map amendment.
William Ollar (3213 S 26th Ave) commented in opposition of the zone map amendment.
Don Seifert (2124 Gallatin Green Blvd.) commented in opposition of the zone map amendment.
Lorre Jay (2964 Mia Ln) commented in opposition of the zone map amendment.
Mark Koscinski (3431 S 29th) commented in opposition of the zone map amendment.
Lavonne Rus-Ogilivie (3428 S 30th) commented in opposition of the zone map amendment.
Bruce Parker (3265 Parkway Ave) commented in opposition of the zone map amendment.
Janet Winnie (3311 S 28th) commented in opposition of the zone map amendment.
Joan Cook (6115 Fowler Ln) commented in opposition of the zone map amendment.
Tom Kubit (6089 Blackwood Rd) commented in opposition of the zone map amendment.
Brad Thome (3221 S 26th Ave) commented in opposition of the zone map amendment.
Sam Thompson (3356 S 26th Ave) commented in opposition of the zone map amendment.
Kate Ryan (3312 S 26th Ave) commented in opposition of the zone map amendment.
Molly Siverts (2948 Mia Ln) commented in opposition of the zone map amendment.
Chairman Thompson called for a 5 minute recess.
Casey O'Callaghan (3398 S 29th Ave) commented in opposition of the zone map amendment.
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Bozeman Zoning Commission Meeting Minutes, 03-22-21
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03:01:32 Applicant Response to Public Comment
Applicant Derek Williams responded to public comment
Applicant Courtney McRickard commented in response to public comment.
03:07:38 Board Discussion
Board member Genito requested for Planner Saunders to comment on the public comments about Spot
Zoning.
Board member Olmstead commented that it is difficult to make a decision because they do not see the
final picture, they just get an overview of what is likely to happen.
Board member Genito echoed board member Olmstead's comment.
Chairman Thompson commented on the responsibility the board members have to potential costs to
the community and that he is challenged with proposals in the application.
Board member Shelkey commented that she is on the fence with this zone map amendment.
Board member Olmstead commented about community resiliency.
03:54:21 Motion E) Action Items: “Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings present in the
staff report for application 21076 and move to approve the Buffalo Run Zone Map Amendment with
contingencies required to complete the application processing.”
Mark Genito: Motion
Nicole Olmstead: 2nd
Board member Olmstead spoke to her second.
Board member Genito spoke to his motion.
Chairman Thompson commented that he will not be supporting the motion.
04:08:34 Vote on the Motion to approve E) Action Items. The Motion carried 3 - 1
Approve:
Nicole Olmstead
Mark Genito
Kirsa Shelkey
Disapprove:
George Thompson
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Bozeman Zoning Commission Meeting Minutes, 03-22-21
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Board member Shelkey explained why she voted yea for the zone map amendment.
F) 04:10:05 FYI/Discussion
Commissioner Madgic informed the board that City Planning staff agrees that it would be a good idea to
have a meeting with the board and she will work on setting up a meeting.
G) 04:11:22 Adjournment
For more information please contact Tom Rogers at trogers@bozeman.net. This board generally meets
the 2nd and 4th Monday of each month from 6:00 PM to 8:00 PM
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Memorandum
REPORT TO:Zoning Commission
FROM:Chris Saunders, Community Development Manager
SUBJECT:NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the
Zoning Map from PLI, Public Lands and Institutions, to M-1, Light
Manufacturing, on approximately 5.46 acres, located at the North End of
Rouse Avenue 560 Feet North of Griffin Drive, Application 21011
MEETING DATE:April 12, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Recommended Zoning Commission Motion: Having reviewed and considered
the staff report, application materials, public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
application 21011 and move to approve the NorthWestern Energy Glen Lake
2021 Zone Map Amendment with contingencies required to complete the
application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:Sanderson Stewart, on behalf of NorthWestern Energy, is requesting
amendment 21011 of the City Zoning Map to establish a zoning designation
of M-1 Light Manufacturing on approximately 5.46 acres of property
NorthWestern Energy is acquiring from the City of Bozeman to use as a
storage and operations yard. Through a subdivision exemption application
submitted for concurrent review with this ZMA application, the existing
parcel is proposed to be divided to ensure the City of Bozeman retains its
existing maintenance yard. This application also seeks to apply M-1 zoning
to the right-of-way for North Rouse Avenue and a sliver of adjacent land (see
maps).
See the attached staff report for more information.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Recommend approval of the application with modifications to the
recommended zoning;
2. Recommend denial of the application based on findings of non-
compliance with the applicable criteria contained within the staff report; or
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3. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:None
Attachments:
21011 ZC ZMA_staff_report - Glen Lake ZMA.pdf
Combined Application Packet.pdf
Report compiled on: April 6, 2021
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Page 1 of 18
21011 Staff Report for the NorthWestern Energy Glen Lake 2021 Zone Map
Amendment
Public Hearing: The Zoning Commission will conduct a public hearing on the proposed
zone map amendment (ZMA) on Monday, April 12, 2021 at 6:00 p.m. via WebEx.
The City Commission will conduct a public hearing on the proposed zone map
amendment on Tuesday, May 4, 2021 at 6:00 p.m. via WebEx.
Project Description: Sanderson Stewart, on behalf of NorthWestern Energy, is requesting
amendment 21011 of the City Zoning Map to establish a zoning designation of M-1
Light Manufacturing on approximately 5.46 acres of property NorthWestern Energy
is acquiring from the City of Bozeman to use as a storage and operations yard.
Through a subdivision exemption application submitted for concurrent review with
this ZMA application, the existing parcel is proposed to be divided to ensure the City
of Bozeman retains its existing maintenance yard. This application also seeks to
apply M-1 zoning to the right-of-way for North Rouse Avenue and a sliver of
adjacent land (see maps).
Project Location: The former Humane Society lot on the west side of North Rouse Avenue
just south of Glen Lake Rotary Park. The property can be described as a portion of
Northeast Annexation Tract 33 situated in the SW ¼ of Section 31, Township 1
South, Range 6 East, P.M.M., in the City of Bozeman.
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 21011 and
move to approve the NorthWestern Energy Glen Lake 2021 Zone Map Amendment
with contingencies required to complete the application processing.
Report Date: April 6, 2021
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
Page 2 of 18
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
There is a pending subdivision exemption to change the southern boundary of the subject
property. The exemption would not change the area of the amendment but the metes and
bounds may need to be updated as needed to match the legal description.
Project Summary
Sanderson Stewart, on behalf of NorthWestern Energy, is requesting to amend the City
Zoning Map to establish a zoning designation of M-1 Light Manufacturing on approximately
5.46 acres of property NorthWestern Energy is acquiring from the City of Bozeman to use as
a storage yard. The adjacent right-of-way for North Rouse Avenue and a sliver of land along
the southern boundary (also planned to be transferred to NorthWestern Energy) would also
be zoned M-1. The remainder of the property, to be kept by the City of Bozeman, is planned
to maintain the PLI Public Lands and Institutions zoning district designation. The property
planned to be transferred to NorthWestern Energy is undergoing review as a subdivision
exemption concurrently with this ZMA application.
Alternatives
1. Recommend approval of the application with modifications to the recommended zoning;
2. Recommend denial of the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
3. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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EXECUTIVE SUMMARY ......................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES ...................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ......... 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................... 10
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS .................. 10
Spot Zoning Criteria ......................................................................................................... 14
PROTEST NOTICE FOR ZONING AMENDMENTS ............................................................. 14
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................... 15
APPENDIX B - NOTICING AND PUBLIC COMMENT ....................................................... 15
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ....................... 16
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF ................................. 18
FISCAL EFFECTS .................................................................................................................. 18
ATTACHMENTS ..................................................................................................................... 18
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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SECTION 1 - MAP SERIES
Air Photo Vicinity Map
Subject Property
(Current Boundaries)
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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Zoning Vicinity Map
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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Bozeman Community Plan Future Land Use Map – Industrial Land Use Designation
Subject Property
Proposed for
Rezoning
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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Existing Zoning
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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Proposed Zoning
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish a zoning designation shall be identified as the “NWE Glen Lake 2021 Zone Map Amendment.”
2. That the applicant must submit a Zone Amendment map, titled “NWE Glen Lake 2021 Zone Map Amendment.” The map must be supplied on: 1) a mylar for City records
(either 18" by 24" or 24” by 36” size); 2) a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the County Clerk & Recorder; 3) an editable digital copy for the City Engineer’s Office; and 4) a PDF. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned; unless the property to be
rezoned can be entirely described by reference to existing platted properties or certificates of survey.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor.
Note: There is a pending subdivision exemption to change the southern boundary. This will not change the area of the amendment but the metes and bounds may need to be updated as needed to match the legal descriptions depending on which application is completed first.
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, Staff recommends
approval of the NWE Glen Lake 2021 Zone Map Amendment (ZMA) as submitted.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission is scheduled to hold a public hearing on this ZMA on April 12,
2021 via WebEx and will forward a recommendation to the City Commission. The meeting
will begin at 6 p.m.
The City Commission is scheduled to hold a public hearing on the ZMA on May 4, 2021 via
WebEx. The meeting will begin at 6 p.m.
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for approval under this title, the Zoning Commission and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigate negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Future Land Use Map of the Bozeman 2020 Community Plan is designed to
illustrate and guide the intent, type of use, density, and intensity of future development. The
map depicts what the City sees as the best long-term use of land within City limits and the
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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larger planning area. The Future Land Use Map designation for this property is Industrial,
which provides areas for manufacturing, warehousing, technology industries, and
transportation hubs. The graphic on page 58 of the Community Plan shows the Industrial
planning designation correlates with the proposed M-1 Light Industrial District.
Further, this proposal would help to achieve growth policy objective DCD-1.5: Identify
underutilized sites, vacant, and undeveloped sites for possible development, redevelopment,
including evaluating possible development incentives.
The site has been annexed and developed for industrial and public use purposes for many
years. No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
Yes. The property is within the City limits and served by Bozeman Police and Fire
Departments and local emergency medical providers. The site was previously developed for
an animal shelter which has been removed. Intended use of the site is for an industrial goods
storage area which is expected to have low demand for emergency services and be at little
hazard of damage from flooding by the adjacent E. Gallatin River. The site, including N.
Rouse Avenue, is in the special flood hazard area. Future users of the site will be provided
the same level of public safety services as others in the City of Bozeman. No negative safety
impacts are anticipated as a result of rezoning.
C. Promote public health, public safety, and general welfare.
Yes. This application is part of a larger project that is planned to improve access to the
subject property and City of Bozeman property, including Glen Lake Rotary Park. Greater
access to these facilities can be expected to improve public health, safety, and welfare. The
rezoning will also permit better use of an underutilized property, which is also in the public
interest due to future site improvements that will increase tax revenue in support of City
services. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. In addition to the Bozeman Community Plan 2020, 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 to provide additional service needed by new development. The City
implements these plans through its capital improvements program that identifies individual
projects, project construction scheduling, and financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. All zoning
districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision
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or site plan review the need for individual services can be more precisely determined. No
subdivision or site plan is approved without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the City that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
N. Rouse Avenue is an existing public street and will be included within the boundary of the
zone map amendment. Use of the site as outdoor storage places the site in use with a minimal
demand for infrastructure. There is an existing sewer main under N. Rouse Avenue and under
the southern edge of the larger site. Water mains exist under N. Rouse Avenue and can be
extended if need for future development.
E. Reasonable provision of adequate light and air.
Neutral. While a change in zoning on the subject property is expected to facilitate
development of the property, it will not necessarily impact, either positively or negatively,
the provision of adequate light and air. However, the City has established standards for
building setbacks and design to address this requirement. For example, the M-1 Light
Industrial District provides a maximum building height of 45 feet, which is less than the
maximum allowable heights in the B-2M Community Business District - Mixed, the B-3
Downtown Business District, and UMU Urban Mixed-Use District. No residential
development is expected on this site as residential uses in M-1 are quite limited. Therefore,
provisions for parkland will not apply. The site is adjacent to the N. Rouse Avenue right of
way which will ensure a light and air access from the east side of the property. As per the
City’s site plan review procedures, future development can be expected to provide adequate
light and air by demonstrating compliance with all of the City’s adopted requirements.
F. The effect on motorized and non-motorized transportation systems.
Yes. Access improvements including a new road and pathway are planned as part of this
overall project, which rezoning to M-1 would help facilitate. These improvements would
positively impact motorized and non-motorized transportation systems. N. Rouse Avenue is
an existing street right of way which provides legal and physical access to the site.
G. Promotion of compatible urban growth.
Yes. The growth policy and zoning identify what types of land uses are compatible with
each other and within particular areas of Bozeman. The Industrial Future Land Use Map
designation for the property indicates it should be zoned for light industrial or industrial use,
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which this application seeks to provide. Page 56 of the Bozeman Community Plan 2020
states, “Although use in these (industrial) areas is intense, they are part of the larger
community and standards for architecture and site design apply,” which help to make
development compatible with other development and the surrounding community through the
site plan review process.
The City’s zoning policy encourages continued development of mixed uses and the City uses
the broad scope of its development standards to enable differing uses to be successful near
each other. (Bozeman Community Plan 2020, page 76). To ensure future development is
compatible with existing residential development to the south and east, it will be important to
ensure all adopted site development and compatibility standards are implemented through
permitting processes as improvements to the site are made.
H. Character of the district.
Yes. Due to the lack of wetlands, steep slopes, floodplain, or other physical constraints, the
property appears to be physically able to support a range of uses allowed in the M-1 Light
Industrial District. Also, as discussed in detail above, the growth policy provides substantial
guidance on an area’s character, the types of land uses that are appropriate, and the specific
zoning districts that should apply to a particular location. There are industrial uses developed
immediately to the west of this site and further south along Rouse Avenue. There is an existing
residential area, also zoned as M-1, which is to the south and east. The residential development
is non-conforming to the zoning. This zone map amendment will not alter the use of the non-
conforming residential areas. In this case, the M-1 district has been determined to be
appropriate in this location or, in other words, suitable for the character of this district.
I. Peculiar suitability for particular uses.
Yes. As stated above, the growth policy provides guidance on the general types of land uses
that are suitable in specific areas of Bozeman. The growth policy then lists compatible
districts, that allow specific land uses within. In this case, the growth policy indicates this
property is suitable for industrial uses of varying type and scale. The rezoning to M-1 would
help to implement the vision provided in the growth policy.
J. Conserving the value of buildings.
Yes. The subject property is currently undeveloped. Through the site plan review process
protective measures such as architectural standards, setbacks, and landscaping are
implemented when property is proposed for development to protect surrounding properties
from the impacts of future development, which will help to conserve the value of
surrounding buildings.
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K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. Again, the growth policy provides that industrial type uses are appropriate for this area.
The proposed zone change would help to facilitate the realization of that vision.
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. A number of commercial and industrial enterprises are located in the immediate vicinity
including an industrial park adjacent to the west and the NorthWestern facility along East
Griffin Drive. There are trailer courts to the south and east of the property which are also
zoned as M-1. To the north is a large are zoned as public lands and institutions which
contains parks and a closed landfill. However, the prevailing private land uses in the area are
commercial and industrial.
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 area requested for rezone would benefit one landowner.
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. The rezone is part of a larger project that includes public access improvements leading
to Glen Lake Rotary Park. The area has been designated under the growth policy as suitable
for a range of industrial land uses which are deemed to be in the public interest. Although
the rezone would specifically benefit one landowner, it would not be made at the expense of
the surrounding landowners or the general public.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
Page 15 of 18
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Sanderson Stewart, on behalf of NorthWestern Energy, is requesting amendment 21011 of
the City Zoning Map to establish a zoning designation of M-1 Light Manufacturing on
approximately 5.46 acres of property NorthWestern Energy is acquiring from the City of
Bozeman to use as a storage and operations yard. Through a subdivision exemption
application submitted for concurrent review with this ZMA application, the existing parcel is
proposed to be divided to ensure the City of Bozeman retains its existing maintenance yard.
This application also seeks to apply M-1 zoning to the right-of-way for North Rouse Avenue
and a sliver of adjacent land.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the public hearings was published in the Bozeman Daily Chronicle on March 28,
2021 and April 11, 2021, more than 15 but less than 45 days prior to the Zoning Commission
public hearing to be held on April 12, 2021. Notice of the hearing was also posted on the site
on March 26, 2021 and notice was mailed to landowners within 200 feet of the subject
property on March 26, 2021 in accordance with the noticing requirements of Unified
Development Code Section 38.220.420.
No public comment has been received as of the writing of this report.
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
Page 16 of 18
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as Industrial in the Bozeman Community Plan 2020. This
classification provides areas for manufacturing, warehousing, technology industries, and
transportation hubs. Development within these areas is intensive and is connected to significant
transportation corridors. Uses that would be harmed by industrial activities are discouraged from
locating in these areas. Although use in these areas is intense, they are part of the larger
community and standards for architecture and site design apply. In some circumstances, uses
other than those typically considered industrial have been historically present in areas that were
given an industrial designation in prior growth policies. Careful consideration must be given to
public policies to allow these mixed uses to coexist in harmony.
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of M-1 Light Manufacturing. The M-1 District is intended to
provide for the community’s needs for wholesale trade, storage and warehousing, trucking and transportation terminals, light manufacturing and similar activities. The district should be oriented to major transportation facilities yet arranged to minimize adverse effects on residential development, therefore some type of screening may be necessary.
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
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Staff Report for the 21011 NorthWestern Energy Glen Lake 2021 Zone Map Amendment
Page 18 of 18
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: City of Bozeman
Applicant: NorthWestern Energy, Pat Patterson 121 E. Griffin Drive, Bozeman, MT 59715
Representative: Sanderson Stewart, Danielle Scharf, 1610 Ellis Street, Suite 2B, Bozeman, MT
59715
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials area also available online through this link.
28
29
30
31
32
33
34
35
PROJECT NARRATIVE
NorthWestern Energy East Storage Yard
Zone Map Amendment
12/18/20
The purpose of this Zone Map Amendment is to change the zoning of the former Humane Society
lot on North Rouse Avenue that is being acquired by NorthWestern Energy from the City of
Bozeman for the purposes of establishing an additional storage yard for their operations on Griffin
Drive. Through a Subdivision Exemption application submitted for concurrent review with this
Zone Map Amendment, the existing parcel will be subdivided to ensure the City of Bozeman retains
their existing maintenance yard and the North Rouse right-of-way. The entire parcel is currently
zoned PLI and the proposed Zone Map Amendment will change the zoning of just the portion to
be acquired by NorthWestern Energy to M-1. The portions of the original parcel to remain under
City ownership shall retain the PLI zoning.
In addition, Tracts 3 and 4 of the proposed COS (currently Tracts 34 and 35 of Northeast
Annexation) have a small area designated as PLI. This application also seeks to amend the zoning on
these tracts to M-1, reducing the zoning on each tract to a single designation.
The North Rouse Avenue right-of-way (Tract 5) is proposed as M-1 designation, matching the
zoning on the adjacent properties, with just the south half designated along the north property line
of Tract 2.
a. Is the new zoning designed in accordance with the growth policy? How?
Yes, the zone amendment to M-1 zoning is in compliance with the growth policy. The recently
adopted Bozeman Community Plan updated the future land use designation for this parcel to an
Industrial designation. This designation is appropriate for M-1 zoning designation, as shown on the
Correlation with Zoning table within the Community Plan. According to the Community Plan, “the
Industrial classification provides areas for manufacturing, warehousing, technology industries, and
transportation hubs. Development within these areas is intensive and is connected to significant
transportation corridors.”
The area to be rezoned will be used as additional storage and operations for NorthWestern Energy
and is consistent with the growth policy. This further supports the Community Plan goal DCD-1 to
support urban development within the City. This parcel and land exchange allows this currently
underutilized property to better serve the community. The zoning on Tracts 2 and 3 creates
consistency with the new tracts and the existing zoning designation.
36
b. Will the new zoning secure safety from fire and other dangers? How?
Yes, the proposed zoning will not impact security from fire and other dangers. This application is
part of a larger project that improves access to all facilities and sites in the area, thus improving
overall public safety. The property is within the jurisdiction of the City of Bozeman Fire and Police
Departments and the change in zoning will not have an adverse impact on the site’s safety from fire
and other dangers.
c. Will the new zoning promote public health, safety and welfare? How?
Yes, the new M-1 zoning will permit better use of an underutilized property. Underused properties
can often be the cause of safety issues, including vandalism and illegal dumping. The new zoning will
permit improvements to the property. Additionally, as part of the larger project, there will be
additional access to the site, improving public health and safety.
d. Will the new zoning facilitate the adequate provisions of transportation, water, sewage,
schools, parks and other public requirements? How?
Yes, as part of the larger project that includes access improvements for NorthWestern Energy, the
City of Bozeman and the Glen Lake Rotary Park, this facilitates improvements to transportation.
Any future site work will be subject to Bozeman development requirements, ensuring adequate
provision of public improvements. The M-1 zoning designation would not impact schools and
parks, as housing is not a principle use within the zone district.
e. Will the new zoning provide reasonable provision of adequate light and air? How?
Yes, any future development of the site will be reviewed by the City of Bozeman development
review requirements to ensure that improvements provide for adequate light and air.
f. Will the new zoning have an effect on motorized and non-motorized transportation
systems? How?
The zoning will not have an effect on motorized or non-motorized transportation. As part of the
subdivision exemption and larger project that accompanies this application, new right-of-way will be
dedicated that will service this site. The larger overall project provides a new access road and
pathway that will enhance both motorized and non-motorized transportation systems.
g. Does the new zoning promote compatible urban growth? How?
Yes, the Bozeman Community Plan supports the use of underutilized properties within the City.
Zoning this property M-1 will allows for the use of this site, which is currently vacant. This zone
change allows NorthWestern Energy to serve the community from this location and support its
current facility.
h. Does the new zoning promote the character of the district? How?
Yes, the area surrounding the property is designated Industrial. Allowing the zoning designation of
M-1 will allow the property to be improved, thus improving the character of the district.
i. Does the new zoning address the affected area’s peculiar suitability for particular uses?
How?
Yes, the area is suited for industrial development. The new zoning designation, M-1, will
accommodate use of the property that is consistent with the area. The current designation PLI is
limited to public uses. Upon completion of the land exchange agreement, a new zoning designation
37
is appropriate, and M-1 is particularly suited to be the new designation. Properties to the east, west
and south are zoned M-1, furthering the suitability of this designation.
j. Was the new zoning adopted with a view of conserving the values of buildings? How?
The new zoning designation is proposed in conjunction with a land exchange that will change
ownership from public to private. In doing so, a change in zoning is needed, as the PLI designation
is no longer applicable. This application creates conformity between the ownership of the property,
the land use, and the future land use designation. This action conserves values and provides a
development pattern consistent with the surrounding properties.
k. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area?
Yes, this area has long been underused and the larger project involving the land exchange, new
accesses and this zoning application all work toward making the most appropriate use of the land.
This zoning amendment assures compatibility with the future land use designation and reflects the
appropriate zoning for the ownership of the property.
38
RESONON PROPERTY HOLDINGS LLC
123 COMMERCIAL DR
BOZEMAN, MT 59715-2217
CITY OF BOZEMAN
PO BOX 1230
BOZEMAN, MT 59771-1230
THOMPSON BART V & MYRNA H
7104 JADE ST
BOZEMAN, MT 59715-8360
EHRET JASON & SALLY
2102 N ROUSE AVE
BOZEMAN, MT 59715-2242
ENGBRETSON WILLIAM D TRUSTEE
323 E GRIFFIN DR
BOZEMAN, MT 59715-2262
DDS INVESTMENTS LLC
PO BOX 1201
BOZEMAN, MT 59771-1201
PERKINS LIMITED LIABILITY COMPANY
802 TURNBERRY CT
BOZEMAN, MT 59715-8759
POWDER RIVER COMPANY LLC
1000 ABIGAIL RANCH RD
BOZEMAN, MT 59715-0600
EDGERLEY DONNA B TRUSTEE
305 N CHURCH
BOZEMAN, MT 59715
EAST GALLATIN WAREHOUSING LLC
2134 INDUSTRIAL DR
BOZEMAN, MT 59715-2244
BHB REAL ESTATE LLC
5039 LOVE LN
BOZEMAN, MT 59718-9405
WAGNER JOSEPH D & DAWN M
2112 N ROUSE AVE
BOZEMAN, MT 59715-2242
OLD MARSH HOLDINGS LLC
PO BOX 1167
BOZEMAN, MT 59771-1167
STATE OF MONTANA
CAPITOL STATION
HELENA, MT 59620
POWDER RIVER COMPANY LLC
PO BOX 1152
BOZEMAN, MT 59771-1152
WESTLAND ENTERPRISES INC
326 N BROADWAY AVE
BOZEMAN, MT 59715-3806
39
40
41
NORTHWESTERN ENERGY
NORTH
80 40 0
SCALE:1" = 80'
80 160
V:\17032_03_NorthWestern_Energy_East Lot&North_Access_Road\CADD_C3D\PRODUCTION_DWG\17032_03_Zoning_Exhibit.dwg, 12/16/2020 10:36:38 AM42
PLI
R-2
M-1
R-S
M-2
R-S
B-1
B-1
R-2
R-2
R-4
R-2
B-1 B-2 R-2
R-3
R-3
R-1
R-3 R-S
M-1
R-1
M-1
PLI
R-S
M-2
M-2
R-1
R-1
R-3
R-1R-3
R-3
R-S
PLI
Bozeman GIS, Bureau of Land Management, Esri Canada, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA
SUBJECT PARCELS
PLI - Public Land/Institutions
M-1 Light Manufacturing
M-2 Heavy Manufacturing
R-1 Residential Low Density
R-2 - Residential - Low and Medium Density
R-3 Residential -Medium Density
R-4 Residential - High Density
R-S Residential Suburban
November 2020
EXHIBIT AEXISTING ZONINGTRACTS 2, 3, 4 AND 5COS TBD
Tr. 2
Tr. 5Tr. 3 Tr. 4
43
PLI
R-2
M-1
R-S
M-2
R-S
B-1
B-1
R-2
R-2
R-4
R-2
B-1 B-2 R-2
R-3
R-3
R-1
R-3 R-S
M-1
R-1
M-1
PLI
R-S
M-2
M-2
R-1
R-1
R-3
R-1R-3
R-3
R-S
PLI
Bozeman GIS, Bureau of Land Management, Esri Canada, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA
SUBJECT PARCELS
PLI - Public Land/Institutions
M-1 Light Manufacturing
M-2 Heavy Manufacturing
R-1 Residential Low Density
R-2 - Residential - Low and Medium Density
R-3 Residential -Medium Density
R-4 Residential - High Density
R-S Residential Suburban
November 2020
EXHIBIT APROPOSED ZONINGTRACTS 2, 3, 4 AND 5COS TBD
Tr. 2
Tr. 5Tr. 3 Tr. 4
B
44
Memorandum
REPORT TO:Zoning Commission
FROM:Tom Rogers, Senior Planner
Marty Matsen, Director of Community Development
SUBJECT:The Four Points Zone Map Amendment application to rezone two existing
parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use
High Density) on 36.117 acres, Application 21005.
MEETING DATE:April 12, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20-389 and move to approve
the Nexus Point 2021 Zone Map Amendment, with contingencies required to
complete the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:An application to rezone two existing parcels from R-4 (Residential High
Density) to R-5 (Residential Mixed-use High Density) on 36.117 acres. The
parent tract was subdivided in 2014 to create five lots; four lots for
residential development and one lot to meet parkland dedication
requirements. The subdivision was named the Four Points subdivision, see
application P14-041.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Deny the application based on the Commission’s findings of non-
compliance with the applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific
direction to staff or the applicant to supply additional information or to
address specific items.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Zone Map Amendment.
Attachments:
Staff report ZC - Four Points ZMA No. 21005.docx
45
Form A1 - Development Review Application 01-06-21.pdf
ZMA Application Narrative 01-06-21.pdf
Four Points ZMA Exhibit 01-12-21.pdf
Plat 475_2.TIF
Report compiled on: April 6, 2021
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Page 1 of 30
21005 Staff Report for the Four Points 2021 Zone Map Amendment
Public Hearing:
The Zoning Commission public hearing will be held on April 12, 2021
The City Commission public hearing will be held on May 4, 2021
Project Description:Zone Map Amendment application to rezone two existing parcels
from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density)
on 36.117 acres.
Project Location:Property is located on the southwest corner of Davis Lane and Cattail
Street, more thoroughly described as Lot 4 and 5 of Minor Subdivision 475
situated in Southeast One-Quarter of Section 34, Township One South (T1S),
Range Five East (R5E), P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21005 and
move to recommend approval of the Four Points 2021 Zone Map Amendment, with
contingencies required to complete the application processing.
Report Date:March 30, 2021
Staff Contact:Tom Rogers, Senior Planner
Agenda Item Type:Action -Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
An application to rezone two existing lots in the Four Points subdivision from R-4
(Residential High Density) to R-5 (Residential Mixed-Use High Density). The subject
property was annexed into the City in 2001 with Baxter Meadows Annexation and zoned R-
4. The Four Points subdivision was approved in 2015 to create four (4) high density
residential lots and a park, see application P14041.
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21005 Four Points 2021 Zone Map Amendment Page 2 of 30
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use (FLU)
designation from Residential to Urban Neighborhood. The R-5 zoning district implemented
the previous and the current FLU designation, see Appendix C of this report.
The following public adopted planning documents support urban development for the subject
area if development is proposed on the site:
Bozeman Community Plan 2020
Transportation Master Plan 2017 – City transportation plan
Water Facility Plan 2017 – City’s plan for water system operations and expansion
Wastewater Facility Plan 2015 – City’s plan for wastewater system operations and
expansion.
Alternatives
1. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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21005 Four Points 2021 Zone Map Amendment Page 3 of 30
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues............................................................................................................... 1
Project Summary................................................................................................................. 1
Alternatives......................................................................................................................... 2
SECTION 1 - MAP SERIES.................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 9
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS........... 10
PROTEST NOTICE FOR ZONING AMENDMENTS......................................................... 22
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 22
APPENDIX B - NOTICING AND PUBLIC COMMENT.................................................... 23
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 23
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 30
FISCAL EFFECTS................................................................................................................. 30
ATTACHMENTS................................................................................................................... 30
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21005 Four Points 2021 Zone Map Amendment Page 4 of 30
SECTION 1 - MAP SERIES
Map 1: Vicinity Map of the project site in the City of Bozeman
LEGEND:
Subject Area
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21005 Four Points 2021 Zone Map Amendment Page 5 of 30
Map 2: Bozeman Community Plan 2020 Future Land Use Map
Urban Neighborhood
Urban Neighborhood
Community
Commercial
Mixed Use
Parks and
Open Lands
Residential
Mixed Use
Public
Institutions
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21005 Four Points 2021 Zone Map Amendment Page 6 of 30
Map 3: Existing Zoning
Not Annexed – County AS
County
AS
County
RO
N-S
Not Annexed
County AS
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21005 Four Points 2021 Zone Map Amendment Page 7 of 30
Map 4: Proposed Zoning
Not Annexed –County AS
N-S
County
RO
Area of proposed R-5
Not Annexed –County AS
53
Page 8 of 30
Map 5: Large context location Map
Chief Joseph
Middle School
Regional
Park
Baxter Lane
La Tinga
54
Page 9 of 30
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process of the
proposed amendment.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish the amended municipal zoning
designation of R-5 shall be identified as the “Four Points 2021 Zone Map Amendment”.
2. The applicant must submit a zone amendment map, titled “Four Points 2021 Zone Map
Amendment”, on a 24” by 36” mylar, an 8 ½” by 11” or 8 ½” by 14” paper exhibit, and a
digital copy of the area to be zoned, acceptable to the Director of Public Works, which
will be utilized in the preparation of the Ordinance to officially amend the City of
Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of
the perimeter of the subject property including adjacent rights-of-way, and total acreage
of the property.
3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
4. All required materials shall be provided to the Department of Community Development
within 60 days of a favorable action of the City Commission or any approval shall be null
and void.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted of the Norton Ranch Zone Map Amendment (ZMA).
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application at this time.
The Zoning Commission will hold a public hearing on this ZMA on April 12, 2021 and will
forward a recommendation to the City Commission on the Zone Map amendment. The
meeting will be held electronically via WebEx. Instructions for joining the meeting will be
included on the meeting agenda. The meeting will begin at 6 p.m.
The City Commission will hold a public hearing on the zone map amendment on May 4,
2021. The meeting will be held electronically via WebEx. Instructions for joining the
meeting will be included on the meeting agenda. The meeting will begin at 6 p.m.
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21005 Four Points 2021 Zone Map Amendment Page 10 of 30
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND
FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of transportation,
water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to
approve a zone map amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
zone map amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The future land use designation for this property was modified with the recent adoption
of the Bozeman Community Plan 2020 on November 17, 2020, Bozeman Community Plan
2020, (BCP 2020). The Future Land Use Map in the Bozeman Community Plan 2020 shows
the subject property as Urban Neighborhood. This designation correlates with several zoning
districts including R-5 as proposed by the applicant. Community Commercial Mixed Use and
Public Institution designated properties are nearby.
The applicant’s narrative states that the proposed zoning is in accordance with the Growth
Policy because, “The proposed zoning is R-5 – Residential Mixed-Use High Density and the
property is designated as residential in the growth policy, and currently zoned R-4.”
Staff concurs with this statement and provides additional analysis.
The minimum residential density in the R-4 district is eight (8) dwelling units per net acres
while the R-5 is eight (8) dwelling units per gross acre. Building heights and lot coverage are
greater in the R-5 zone (an additional story depending on construction) and parking
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21005 Four Points 2021 Zone Map Amendment Page 11 of 30
requirements are less. Net residential density is defined by section 38.700.130. To determine
net density area used for streets, parks, commercial and industrial area, or common open
space is excluded from the total area of the site. Calculating the gross residential density is
simple dividing the total number of residential units from the total area of the project.
The Sundance Apartments #1 project to the south of the subject property has developed at 28
dwelling units per acre. The Sundance Phase 2 (Park Meadows) is has an expected density of
20 dwelling units per acre. The single household development of Baxter Meadows hovers
around 4.75 dwelling units per acre.
The City hosts a “residential density” mapping tool to help illustrate density in the City. The
direct link is included below.
https://bozeman.maps.arcgis.com/apps/webappviewer/index.html?id=95ccbe423fde446baa1e
f8171659417f
As noted in the Appendix C below, permitted general and group residential uses are identical
between the R-4 and R-5 zoning districts. However, there are differences in permitted
accessory and non-residential uses category. Namely, accessory restaurants and retail uses
are permitted in the R-5 zone.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze
compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future
land use map. The introduction to that chapter discusses the importance of the chapter.
Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions.”
The area of this application is within the urban area in the City’s adopted land use plan. As
shown on the maps in Section 1, the property is designated as Urban Neighborhood. The
adjacent unannexed property to the north is designated Urban Neighborhood. The Urban
Neighborhood designation description reads:
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“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site constraints
and/or natural features such as floodplains or steep slopes. Complementary uses such as
parks, home-based occupations, fire stations, churches, schools, and some neighborhood-
serving commerce provide activity centers for community gathering and services. The
Urban Neighborhood designation indicates that development is expected to occur within
municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted to,
proximity to commercial mixed use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car.”
The correlation between the future land use map of the growth policy and the zoning districts
is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following
excerpt from Table 4, the R-5 district is an implementing district of the Urban Neighborhood
category.
The future land use map excerpt included in Section 1 shows locations for commercial and
residential in the immediate vicinity. Additional commercial, mixed use, educational, and
residential designations are further to the west and south. Therefore, the proposed higher
density (R-5) area is in proximity to commercial mixed use areas as suggested in the Urban
Neighborhood description. The zoning map amendment is in accordance with the future land
use map.
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. Staff finds this application supports some goals and objectives
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of the community plan and undermines others. Conflict with the text of the growth policy
hasn’t been identified. Large swaths of single type zoning, in this case R-5, is difficult to
harmonize with the goals of the community plan. Similarly, large areas of high density
zoning does not lend to the City’s desire to promote housing diversity or perhaps more
importantly, missing middle housing. There is no specific definition of how big is “large” as
used in the growth policy. On the other hand, high density zoning promotes housing for
certain segments of population and the R-5 zoning district allows for a variety of uses that
promotes aspects of neighborhood development.
Analyzing the pros and cons of this application must be done within the existing and possible
future character of the vicinity. While the Community Plan does not define the geographic
extent of a neighborhood or area of influence, Community Development frequently uses the
area within a quarter-mile of the subject property. This numeric value changes based on site
specific conditions, the size of a development area, and other influences. In other words, it
may be appropriate to consider a larger or smaller catchment area for analysis and in this case
is larger.
The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the
growth policy. The first two relate to direct changes to the zoning map in support of listed
goals and objectives. These include increasing the intensity of zoning districts in already
developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning
Amendment Review, the document discusses how the City implements zoning for new areas,
amendments to areas, and revisions to existing text. This section includes a discussion of
when the City may initiate a zoning change to a more intensive district to increase
development opportunities. This section demonstrates that the City, as a matter of policy, is
supportive of more intensive zoning districts and development, in particular within already
developed areas. It is inconsistent with this approach to zone for lower intensities than what
infrastructure and planning documents will support. This policy approach does not specify
any individual district but does lean towards the more intensive portion of the zoning district
spectrum.
Adding 36 acres of R-5 zone will certainly allow for considerable housing. The minimum
residential densities will indicate apartment construction. Apartments are only one type of
housing while the City encourages a variety to all housing configurations for all individuals
and families. In addition, the Community Plan discourages large swaths of a single type
housing. The principals applied in the Plan identify that a variety of housing is needed.
Further, the City supports policies that maintain and build neighborhoods designed to provide
equitable access to amenities and opportunities for all. Housing type diversity within
neighborhoods helps ensure community benefits are available to households of different size,
income, and age. Mixed neighborhoods can help provide the density of people needed to
support nearby commercial activities.
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Staff finds the application does not fully support Goal N-1: Support well-planned, walkable
neighborhoods and specifically, objective N-1.1 Promote housing diversity, including
missing middle housing. The R-5 district is designed to support apartment through higher
minimum densities although it does allow for a wide range of housing types. Townhomes
and rowhouse are allowed although our development industry has not focused attention on
this type of missing middle housing. The property underwent subdivision review to create
large multi-household parcels for development so apartments are expected on the property.
This theme is co-listed with Goal N-3: Promote a diverse supply of quality housing units and
objective N-3.8 that is intended to promote the development of "Missing Middle" housing
(side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/
townhouses, etc.) as one of the most critical components of affordable housing.
The Bozeman Strategic Plan includes an additional goal (4.5) under the heading of Housing
and Transportation Choices that intends to “Vigorously encourage, through a wide variety of
actions, the development of attainable and lasting housing options for underserved
individuals and families and improve mobility options that accommodate all travel modes.”
The area is developing with substantial residential density nearby. However, the limited
development in the area makes the Walk Score difficult to determine. Nearby addresses
scores vary from 18 – 20 which means nearly all errands require a car. Anticipated
development in the area may provide for greater connectivity, employment centers such as
Billings Clinic, and commercial/service destinations improving mobility options.
Gallatin High School is less than one mile from the property, approximately 4,000 feet.
Similarly, COSTCO and Target are just over one mile from the property. The Billings Clinic
campus is one and half miles from the subject property. Chief Joseph Middle school is only
half mile away.
The R-5 zoning district is promotive of the City’s desire for higher density, urban-scale
development with a diverse mixture of possible uses. The R-5 district can help to absorb a
portion of the growth that is projected for the City and allows limited commercial activity to
support that residential activity. Supported goals include the following.
“Goal N-3: Promote a diverse supply of quality housing units.”
The R-5 district allows construction of the full range of residential buildings in the City. This
supports the opportunity for diversity of supply. Quality of housing cannot be assessed at this
time but will be reviewed with subsequent development review for compliance with adopted
standards. The City’s Community Housing Needs Assessment documented a shortage of
housing within the City and encourages additional housing construction.
“Goal DCD-1: Support urban development within the City.”
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The proposed zoning is the City’s most intense residential zoning district. Minimum densities
are higher and parking requirements are less. Any future development will be required to
occur at urban densities and will be within the City.
“DCD-2.2 Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses.”
The Bozeman Community Plan 2020, Chapter 5, page 72, includes a discussion of what
justifications support a change in zoning. This application addresses two of those
justifications. First, a change in correlation between zoning and growth policy, and second,
the owner requests the change and can meet required standards. This report determines the
required standards can be met. No material conflicts with the growth policy have been
identified.
Considering this analysis as a whole, staff finds this criterion is met and the application is in
accordance with the growth policy.
B. Secure safety from fire and other dangers.
Yes. The subject property is currently served by City of Bozeman Fire and Police
Departments. The property is vacant. Future development of the property will be required to
conform to all City of Bozeman public safety, building and land use requirements, which will
ensure this criterion is met. The change from R-4 to R-5 is not likely to adversely impact
safety from fire and other dangers.
C.Promote public health, public safety, and general welfare.
Yes. Potential future development of the site will require compliance with the City’s Unified
Development Code which ensures the promotion of public health, safety, and general
welfare. The proposed amendment will not put undue burden on municipal services,
emergency response capability, or similar existing requirements.
D.Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The City conducts extensive planning for municipal transportation, water, sewer, parks,
and other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions and identify enhancements needed to provide additional service
needed by new development. The City implements these plans through its capital
improvements program that identifies individual projects, project construction scheduling,
and financing of construction.
The proposed amendment will enable more intensive development than the zoning that exists
now. The new zoning also provides for a range of uses and possible intensity of
development. It is difficult to state definitively what level of services are required by the
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zoning. As stated in 38.300.020.C, the designation of a zoning district does not guarantee
approval of new development until the City verifies the availability of needed infrastructure.
All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future
subdivision or site plan review the need for individual services can be more precisely
determined. No subdivision or site plan is approved without demonstration of adequate
capacity and conformance with adopted standards.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and
ordinances. It is also not a guarantee of immediate infrastructure availability or a
commitment on the part of the city to bear the cost of extending services.”
The approved Four Points subdivision dedicated parkland anticipating future
residential development. The park is shown on the plat as Lot 1 totaling 5.359 acres.
The subject property and surrounding area to the west of Davis Lane is in the Baxter
Creek Sewer Drainage basin. The Davis Lane list station will serve development in
the area. The Davis Lane Lift Station will be a major element of the City's wastewater
collection system. It is to be located on property which the city owns in the northwest
quadrant of Bozeman. This lift station will serve development north of the Cattail
Lake Lift Station and eventually the flow diverted from the Norton East Ranch
Outfall Sewer. The initial capacity of the station is anticipated to be 1 million gallons
per day (MGD), with an ultimate capacity of 7MGD. The Davis Lane lift station is
expected to be functional in 2021.
E.Reasonable provision of adequate light and air.
Yes. Ensuring public health and safety is integral for the City’s adopted regulations. As with
all zoning districts, the R-5 district includes setbacks from property lines adequate to meet
this standard. The form and intensity standards, Division 38.320, require minimum
separation from property lines, limits building heights, limits lot coverage with buildings, and
maximum volume of buildings on a site. Section 38.520.030 requires building placement to
ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of
parks and on-site open spaces to meet needs of residents. The standards provide a reasonable
provision of adequate light and air.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
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F.The effect on motorized and non-motorized transportation systems.
Neutral. The requested change in zoning from R-4 to R-5 will not itself impact the
motorized and non-motorized transportation system. The future land uses and intensity of
development are not entirely known. The primary uses in the R-4 and R-5 zone are the same,
residential. However, the mix of residential and commercial uses allowed under the proposed
zoning could have the effect of providing goods, services, and employment opportunities in
close proximity to existing and future residences, thereby reducing the number of trips or
distance traveled per trip into other areas of the City to meet the residents’ needs. The
property is located adjacent to Davis Lane, an arterial street. In any case, development of the
property will be required to comply with transportation-related standards and reviewed for
impacts on the surrounding streets, intersections, and sidewalks. Adopted standards include
provisions for pedestrians, bicycles, and motor vehicles.
G.Promotion of compatible urban growth.
Yes. The future land use map designates the property Urban Neighborhood. The Urban
Neighborhood designation correlates with several zoning districts including R-5 zoning, as
proposed by the applicant. Based on the land use map designations and correlated zoning
districts in the plan and proposed by the applicant, the zone map amendment would promote
compatible urban growth.
Individuals may have widely varying opinions about what constitutes compatibility.
Compatible development and Compatible land use are defined in Article 38.700.040 BMC to
establish a common reference for consideration of this criterion and application of
development standards. They are defined as:
“Compatible development. The use of land and the construction and use of structures
which is in harmony with adjoining development, existing neighborhoods, and the goals
and objectives of the city's adopted growth policy. Elements of compatible development
include, but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer
services, natural elements in the area, motorized and non-motorized transportation, and
open spaces and parks. Compatible development does not require uniformity or
monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of differing
character. Effects often measured to determine compatibility include, but are not limited
to, noise, odor, light and the presence of physical hazards such as combustible or
explosive materials.”
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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.
Both the R-4 and proposed R-5 district are predominantly residential districts. The allowed
uses for residential districts are set in 38.310.030. Review of Table 38.310.030.B – Permitted
accessory and non-residential uses in residential zoning districts shows the R-5 district is
more permissive for retail and restaurant activity although those differences are restricted in
size and configuration to retain compatibility with the primarily residential uses in the zoning
district.
The form and intensity standards for residential districts are in 38.320.030. Comparing R-4
and R-5 reveals more differences than in permitted uses. The R-5 district allows more
intensive development. The more intensive development elements allowed in the R-5 district
are subject to additional development standards established in Article 38.5, Project Design,
of the municipal code. These standards address both site and building design to enable
differing uses and scales of development to be meet the definition of compatible in the
municipal code and presented above.
“Sec. 38.500.010. - Purpose.
This article (38.5) implements the Bozeman's growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of
development projects in Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of
Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and
beneficially contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with,
and enhance the character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City; F. Enhances the
livability of Bozeman's residential developments;
F. Maintains and enhances property values within Bozeman.”
The City Commission has adopted standards to control development impacts and support
compatibility. The following excerpt from the BCP 2020, page 75 describes the City’s
approach.
“What combination of uses under what conditions can work well together? There is a
wide range of possible answers for each community to consider. Some communities take
a highly prescriptive worst-case view and try to restrain all possible points of perceived
conflict. This tends to create a very homogenous community with little interest or scope
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for creativity. Bozeman takes a different approach. The worst case scenario is recognized
as unlikely, but possible. Development standards deal with the majority of cases, while
restraining extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent to
another and is consistent with the growth policy, any physical conflicts will be minimal,
if present at all. The City’s zoning policy encourages continued development of mixed
uses. … The City uses the broad scope of its development standards to enable differing
uses to be successful near each other. This shows on the zoning map where districts
providing a wide diversity of uses are intermixed.”
Staff concludes that although the R-5 is different than the surrounding zoning to some degree
it is compatible and is urban growth as called for in the growth policy. See also discussion for
Criteria A & H.
H.Character of the district.
Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into
districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal seeks to amend the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact. The proposed R-5 district is predominantly
residential in character. It is adjacent to other residentially zoned areas or commercially
zoned areas developed as residential uses. Existing housing is of a mix of scales.
As noted above, the City Commission has latitude in considering the geographical extents of
a zoning district. Application of any municipal zoning district to the subject property will
alter the existing character of the subject property which is an open field. It is not expected
that zoning freeze the character of an area in perpetuity. Rather, it provides a structured
method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited
to, variety of architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration with
existing community systems including water and sewer services, natural elements in the
area, motorized and non-motorized transportation, and open spaces and parks. Compatible
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development does not require uniformity or monotony of architectural or site design,
density or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development to be
compatible with adjacent development and uphold the residential character of the area. See
also Criterion I.
I. Peculiar suitability for particular uses.
Yes. The proposed zoning changes bumps density and intensity opportunities for the area
being rezoned. The recently adopted Bozeman Community Plan 2020 which changed the
underlying growth policy designation from Residential to Urban Residential indicates the
City desires considerably more residential development in this area of the City.
To the north of the property is large area of un-annexed property currently being used for
agricultural use. Uses to the east and across Davis Lane range from ranchette to multi-
household use. To the south of Kimberwicke Street is a proposed multi-household
development consisting of a numerous apartment buildings. Finally, the property was
subdivision with multi-household development as the stated purpose for the creation of the
lots.
J. Conserving the value of buildings.
Neutral. The property is currently vacant although the surrounding area hosts many
residential and commercial buildings and, if approved and is constructed, will included many
more residential buildings. R-5 zoning will allow for new and diverse development patterns
on the subject parcel that compliment development on adjacent sites. Future development
must comply with the Bozeman Unified Development Code which will ensure an appropriate
scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated
to negatively impact nearby building values as the development pattern will be appropriate to
the surrounding character of the district.
K.Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. As stated above, the BCP 2020 illustrates the most appropriate use of the land. In this
case, urban-scale residential and mixed-use development has been identified by the
community as the most appropriate types of development for the property. The Unified
Development Code contains standards, protections and review processes to ensure the land is
developed in ways that protect and promote public health, safety, and general welfare.
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Spot Zoning Criteria
Rezoning may, in certain factual circumstances, constitute impermissible “spot zoning.” The
issue of whether a rezoning constitutes spot zoning was discussed by the Montana Supreme
Court in Plains Grains LP v. Board of County Comm’rs of Cascade County and Little v. Bd. Of
County Comm’rs, in which the Court determined that the presence of the following three
conditions generally will indicate that a given situation constitutes spot zoning, regardless of
variations in factual scenarios.
1. Is the proposed use significantly different from the prevailing land uses in the area?
No. This criterion includes the modifier ‘significantly.’ It is not prohibited to have uses
that are different. To be a Yes, the reviewer must demonstrate a ‘significant difference.’
The differences between R-4 and R-5 are small and not significant. Although intensity
may be different the permitted uses are not. Please refer to Appendix C below for a
complete list of permitted and not permitted uses. As a result, the proposed R-5 zoning
designation would not result in primary uses of the site which are significantly different
from prevailing and planned land uses in the area.
2. Is the area requested for the rezone rather small in terms of the number of separate
landowners benefited from the proposed change?
Yes. The proposed zoning change benefits one property owner who is the applicant.
However, the R-5 zoning designation is an implementing district to the Urban Residential
land use designation and may be utilized by any other property owners who wish to
employ the R-5 district to their respective property. Although the property has
environmental constraints limiting the developable area many residents will benefit from
the change because the developable area is sufficient to accommodate a variety of
buildings and activities for numerous possible individuals.
3. Would the change be in the nature of “special legislation” designed to benefit only one or
a few landowners at the expense of the surrounding landowners or the general public?
No. No substantial negative impacts to the surrounding landowners or the general public
have been identified due to this amendment. While the number of landowners who will
directly benefit from the proposed zone map amendment is small (one), the proposed
amendment is not at the expense of surrounding landowners or the general public. As
discussed above in the various review criteria, no substantial negative impacts have been
identified due to this amendment. The proposed R-5 zoning designation will allow for a
variety of uses conducive to the Urban Residential land use designation.
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PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City Commission.
Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property
within the area affected by the proposal or by owner(s) of real property that lie within 150 feet
of an area affected by the proposal. The protest must be in writing and must be signed by all
owners of the real property. In addition, a sufficient protest must: (i) contain a description of
the action protested sufficient to identify the action against which the protest is lodged; and (ii)
contain a statement of the protestor's qualifications (including listing all owners of the property
and the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names after
their signatures. A person may in writing withdraw a previously filed protest at any time prior
to final action by the City Commission. Protests must be delivered to the Bozeman City
Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Four Points Village, LLC, property owner and the applicant SM Advisory Group, LLC,
applicant, seeks to amend the zoning map for approximately 36.117 acres of an existing lots
from R-4 (High Density Residential) to R-5 (Residential Mixed-Use High Density). The
parent tract was subdivided in 2014 to create five lots; four lots for residential development
and one lot to meet parkland dedication requirements. The subdivision was named the Four
Points subdivision, see application P14-041.
The recently adopted Bozeman Community 2020 Plan altered the Future Land Use
designation from Residential to Urban Neighborhood. The proposed zoning is in accordance
with the Community Plan designations. Urban utilities and services are available.
The property is a generally flat that is unconstrained by natural or human caused hazards.
There are no structure on the property.
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APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on March 28, 2021 and April 4, 2021. Notice was sent via first class mail to adjacent
landowners and posted on the property on March 26, 2021.
One public comments have been received to date. The comment can be viewed at the link
below.
https://weblink.bozeman.net/WebLink/DocView.aspx?id=234745&dbid=0&repo=BOZEMA
N&cr=1
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property has a future land use designation of: Urban Neighborhood.
The Urban Neighborhood category primarily includes urban density homes in a variety of
types, shapes, sizes, and intensities. Large areas of any single type of housing are
discouraged. In limited instances, an area may develop at a lower gross density due to site
constraints and/or natural features such as floodplains or steep slopes. Complementary uses
such as parks, home-based occupations, fire stations, churches, schools, and some
neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to
occur within municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher
density residential areas are encouraged to be, but are not required or restricted to, proximity
to commercial mixed use areas to facilitate the provision of services and employment
opportunities without requiring the use of a car.
Proposed Zoning Designation and Land Uses:
The applicant has requested three zoning districts: R-5 (Residential Mixed-Use High
Density).
The R-5 district provides for high-density residential development through a variety of
compatible housing types and residentially supportive commercial uses in compact, walkable
areas to serve the needs of the community’s residents. Single and multi-household dwellings
are allowed, along with offices and small-scale retail and restaurants as secondary uses. This
district is appropriate for areas adjacent to mixed-use districts and/or served by transit.
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Sec. 38.310.030. - Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling units* -
attached (38.360.040) P P P P P P P —
Accessory dwelling units* -
detached (38.360.040) P P P P P P P —
Apartments/apartment
building* ————P P P —
Cottage housing (38.360.110)* P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.160)*
P P P P P P P P
Manufactured home
communities* ———————P
Single-household dwelling
(38.360.210) P P P P P P P P
Two-household dwelling
(38.360.210) ——P P P P P —
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Three household dwelling or
four-household dwelling
(38.360.210)
———P P P P —
Townhouses* & rowhouses*
(two attached
units)(38.360.240)
P
2 P2 P P P P P P
3
Townhouses* & rowhouses*
(five attached units or less)
(38.360.240)
———P
3 P P P —
Townhouses* & rowhouses*
(more than five attached units)
(38.360.240)
————P P P —
Group residential
Community residential
facilities* with eight or fewer
residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
———S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living (38.360.150)* P P P P P P P P
Lodging houses* ———S P P P —
Transitional and emergency
housing (38.360.135)* and
related services
S S S S S S S S
Notes:
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1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the
requirements of division 38.380, Affordable Housing. May only be utilized in
developments subject to division 38.380 of this article.
3. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; —
= Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses
Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I* A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.140) *
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings
and structures
typically
accessory to
authorized uses
A A A A A A A A
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21005 Four Points 2021 Zone Map Amendment Page 28 of 30
Private or jointly
owned
recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary
buildings and
yards incidental
to construction
work
A A A A A A A A
Temporary sales
and office
buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or
more
(38.360.260)
P ———————
Agricultural uses*
on less than 2.5
acres
(38.360.260)
C ———————
Bed and
breakfast* C C C C P P P —
Commercial
stable
(38.360.220)
C ———————
Community
centers* C C C C C C P C
Day care centers* S S S P P P P S
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21005 Four Points 2021 Zone Map Amendment Page 29 of 30
Essential services
Type II* P P P P P P P P
Essential services
Type III* 2 C C C C C C C C
Short Term
Rental (Type 1)* P P P P P P P —
Short Term
Rental (Type 2)* ——P P P P P —
Short Term
Rental (Type 3)* ————————
Golf courses C C ——————
General service
establishment* ——————P 5 —
Offices* ————S 3 S 3 P —
Public and private
parks P P P P P P P P
Medical offices,
clinics, and
centers*
————C C 3 P —
Recreational
vehicle parks
(38.360.200)*
C ——————P
Restaurant* —————P 4 P 5,
6 —
Retail* —————P 4 P 5,
6 —
Uses approved as
part of a PUD per
division 38.380 of
this article
C C C C C C C C
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21005 Four Points 2021 Zone Map Amendment Page 30 of 30
Veterinary uses S ———————
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district lies
over a residential growth policy designation the primary use shall be non-office uses; where
the district lies over a non-residential designation the primary use shall be office and other
non-residential uses. Primary use shall be measured by percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street
corner sites within a mixed-use building featuring residential units next to and/or above
subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner:Four Points Village, LLC, 3661 Jagar Lane, Bozeman, MT 59718
Applicant SM Advisory Group, Inc., 3661 Jagar Lane, Bozeman, MT 59718
Representative:Madison Engineering, LLC, 895 Technology Blvd., Suite 203, Bozeman,
MT 59718
Report By:Tom Rogers, Senior Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials
76
77
78
79
Lot 4 and 5 Minor Sub 475 Zone Map Amendment Application Narrative
Page 1 of 3
LOT 4 AND 5 OF MINOR SUBDIVISION 475
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 Bozeman Community Plan. The proposed zoning
is R5 – Residential Mixed-Use High Density and the property is designated as
residential in the growth policy, and currently zoned R4.
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 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 by requiring the property to develop per the
City of Bozeman standards and regulations in terms of public health, safety
and general welfare.
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. 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?
Response: Yes, the proposed Zone Map Amendment will facilitate the adequate
provision of transportation, water, sewerage, schools, parks and other public
requirements. Any future development on these lots is subject to review by
the City of Bozeman for adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements. Therefore, any
development will be required to facilitate the aforementioned in accordance
with all City of Bozeman ordinances and regulations.
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Lot 4 and 5 Minor Sub 475 Zone Map Amendment Application Narrative
Page 2 of 3
The subject property fronts on Davis Lane, which is a Minor Arterial street
and allows access to the site for residents, visitors, and any necessary public
services like the postal service or emergency access, for example. A Traffic
Impact Study may be required for future development.
The subject property falls within the Emily Dickinson Elementary, Chief
Joseph Middle School, and Gallatin High School Districts. Comments from
the schools may be required to verify adequate capacity for future students.
A park master plan has been approved for the development of this property
and a substantial amount of the required parkland has previously been
developed. Additional residential development of the subject property may
require additional parkland development or Cash in Lieu of Parkland
development or a combination of both.
Adjacent public infrastructure has already been installed to serve these lots.
Internal improvements required to connect to the existing infrastructure will
be determined during site plan review.
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 as the property will be developed to
applicable setbacks, height, 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: Yes, the proposed Zone Map Amendment will have an effect on the
City’s motorized and non-motorized transportation system. Any new
development will affect the City’s transportation system with increased
traffic. A Traffic Impact Study may be required for the 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 will be determined during site plan review.
g. Does the new zoning promote compatible urban growth? How?
Response: Yes, the proposed zoning does promote compatibility with urban
growth as residential zoned properties exist to the northeast, south,
southwest, and west, with a community business district directly to the south.
The high-density residential zoning will fit in with the surrounding high-
density neighborhoods. The mixed use will allow for businesses that fit in
with the community business district directly to the south. The majority of
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Lot 4 and 5 Minor Sub 475 Zone Map Amendment Application Narrative
Page 3 of 3
the B2 zoning to the south is residential, which will allow the proposed R5
zoning to fit in well with the surrounding area.
h. Does the new zoning promote the character of the district? How?
Response: Yes, the proposed zoning does promote the character of the district.
As stated above in response G, the property to the northeast, south, and west
is developed residential with a community business district directly to the
south. Bozeman Community Plan Land Use Map designates this property as
residential.
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 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: There are no existing buildings on this site other than the City of
Bozeman lift station sitting within the sewer and water easement.
k. Does the new zoning encourage the most appropriate use of land throughout the
jurisdictional area? How?
Response: Yes, the proposed Zone Map Amendment will encourage the most
appropriate use of land throughout the jurisdictional area. The growth
policy identifies the most appropriate use of this property as residential. R5
zoning allows for a broad range of residential housing types mixed with
potential offices, restaurants, and small-scale retail.
END OF NARRATIVE
82
S 21° 06' 50" W50.25'LOT 4LOT 5CATTAIL STMILKHOUSE AVE
BLONDIE STKIMBERWICKE STFERGUSON AVE
DAVIS LANELOT 2(EXT'G)LOT 3(EXT'G)LOT 1PUBLICPARK(EXT'G)CASPIAN STREETS 89° 41' 02" W - 203.12' (M)S 89° 41' 57" W - 203.06' (R)S 48° 21' 31" W - 90.16' (C)S 48° 25' 27" W - 90.20' (R)N 90° 00' 00" E161.92'S 65° 42' 49" E56.98'N 90° 00' 00" E196.65'N 00° 00' 00" E441.20'N 16°
3
7
'
5
1
"
E
107.9
3
'N 49° 31' 26" W90.84'N 02° 06' 15" W185.02'S 89° 42' 15" W - 682.03' (M)S 89° 41' 57" W - 682.07' (R)S 89° 41' 30" W - 716.20'S 00° 14' 42" W - 807.30'N 89° 51' 42" E - 2212.97'SHEETMADISON ENGINEERING
895 TECHNOLOGY BLVD
BOZEMAN, MT 59718
(406) 586-0262OFFOUR POINTSZMA EXHIBIT1FOUR POINTS
ZONE MAP AMENDMENT EXHIBIT
BOZEMAN, MT
11" =0SCALE10020050100LEGEND83
84
Memorandum
REPORT TO:Zoning Commission
FROM:Jacob Miller, Assistant Planner
SUBJECT:Form and Intensity Standards Update Text Amendment, Ordinance 2070 to
Revise the Bozeman Municipal Code to Increase the Allowable Height in
Several Zoning Districts to Account for a Change in Construction Industry
Standards and to Increase the Height in R-O and B-2 to Allow for an
Additional Story, Reduce the Number of Roof Pitch Categories and Change
the Location of Commercial Front Setback Designations. Revise Affected
Sections to Implement the Revisions.
MEETING DATE:April 12, 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 21-040 and move to recommend
approval of the Form and Intensity Standards Update Text Amendment, with
contingencies required to complete the application processing.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:As construction and architecture standards change, the City is committed to
updating the development code to reflect those changes. This is
accomplished in the height increase that will see most zoning districts allow
for approximately 1.5 additional feet per allowable story. Additionally, this
amendment proposes to simplify the building height standards by reducing
the roof pitch categories from four to two. This will make that section of
code easier to use and less restrictive, while not compromising any of the
intent of the code. The more substantial changes to the building heights
section is proposed to occur with the R-O and B-2 zones, which will see an
allowable height increase that would accommodate an extra floor. City staff
believes this change is necessary to provide additional incentive to increase
density in these districts, making the construction of more residential units
more feasible which will in turn support the existing business in the districts.
Another change that is proposed with this amendment is related to front
setbacks in commercial zones and the conflicting language within two
separate Articles of the UDC. This proposed amendment will eliminate the
conflicting language and refer the front setback designations to Block
85
Frontage Standards. This will make the UDC easier to use and will also
effectively reduce the front setback requirements in industrial zones from
20’ to 10’ which will make those zones more attractive and increase the
allowable building envelope and design flexibility for the site.
UNRESOLVED ISSUES:None
ALTERNATIVES:Recommend alternate language
FISCAL EFFECTS:No specific changes to budget City funds has been identified.
Attachments:
Ordinance 2070 Form & Intensity Standards Update SR
ZC.pdf
Ordinance 2070 Form & Intensity Standards Update .pdf
03-23-21 Public Comment - R. Lateiner - B-2 Zoning Height
Changes.pdf
03-26-21 Public Comment - J. Allen - Ordinance 2070.pdf
03-30-21 Public Comment - L. Dornberger - Ordinance
2070.pdf
03-23-21 Public Comment - C. Franklin - Ordinance 2070.pdf
03-23-21 Public Comment - G. Allen - Ordinance 2070.pdf
03-23-21 Public Comment - M. Delaney - Ordinance 2070.pdf
Report compiled on: April 7, 2021
86
Page 1 of 10
21-040 Staff Report for the Form and Intensity Standards Update, Ordinance
2070
Public Hearings: Zoning Commission meeting is on Monday, April 12, 2021.
City Commission meeting is on Tuesday, May 11, 2021.
Project Description: This proposed text amendment will revise the allowable building
heights in all zoning districts except for the B-2M and B-3 districts and remove the
front setback standards for commercially zoned districts from the form and intensity
standards and instead designate them within the block frontage standards. All
affected districts’ height allowances are to be increased by roughly one and a half
foot per allowable story. These changes are intended to account for an i ndustry wide
move from 8 foot floor plates to 9 foot floor plates and to provide flexibility in
design standards. The R-O and B-2 districts’ height allowances are proposed to be
increased to allow for an additional story, as well as account for the change in floor
plate standards.
Project Location: Applicable City-wide in all areas zoned as B-1, B-2, UMU, B-P, M-1,
M-2, NEHMU, R-1, R-2, R-3, R-4, R-5, R-O and RMH.
Recommendation: Meets standards for approval.
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 21-040 and
move to recommend approval of the Form and Intensity Standards Update Text
Amendment, with contingencies required to complete the application processing.
Recommended City 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 21-040 and
move to provisionally adopt Ordinance 2070, the Form and Intensity Standards
Update Text Amendment.
Report: April 5, 2021
Staff Contact: Jacob Miller, Assistant Planner
Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
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Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070
Page 2 of 10
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None.
Project Summary
It is the goal of the City’s to continually improve the UDC, increasing the ease of use,
reflecting changes in industry standards, and recognizing the need to evolve as a City that is
experiencing unprecedented growth. Chapter 38, the Unified Development Code, of the
Bozeman Municipal Code provides the zoning standards for development within the City and
is divided into Articles that provide regulations regarding specific aspect of development.
Article 3 states zoning specific land use regulations, including building height and setback
requirements. Article 5 contains specific regulations for project design, including Block
Frontage Standards which specify front setback requirements for certain projects. This
amendment proposes to increase allowable heights in the majority of zoning districts,
minimizing the roof pitch categories down to two, and to move the front setback
requirements for commercial zones from Article 3 to Article 5.
Two of the proposed changes are primarily intended to simplify the UDC. Changing the roof
pitch categories from four to two and changing the location of the commercial front setback
designations will make those sections easier to use and will reduce confusion from the
conflicting language regarding front setbacks in Article 3 and Article 5. The change in
location of the front setback designations will not alter the requirements except for in
industrial zones which will effectively have the front setbacks reduced from 20’ to 10’. This
change to the industrial zones will make them more attractive to developers and provide
greater flexibility in design.
As architectural and construction standards and best practices evolve, the City has recognized
the need to reflect those changes within the development code in order to promote the
construction of high-quality buildings. The standard floor-plate height for new buildings has
moved from 8 feet to 9 feet, and in some cases even higher. Staff has evaluated the allowable
building heights based on the number of stories permitted within each zoning district and has
added approximately 1.5 feet per allowable story. Staff has been informed by the
architectural community that the proposed change will significantly simplify design
processes and time required. The standards for design established in Article 38.5 are not
changing. The shift in height should make it simpler to comply with the existing
requirements. In the majority of the affected zoning districts these changes will not
significantly increase the heights of buildings or allow for additional stories, but will
modernize the development code and provide greater flexibility in design.
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Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070
Page 3 of 10
There are two zoning districts that the City has identified as being compatible with an
allowance of an additional story; R-O and B-2. These zoning districts are complimentary in
that they are both intended to allow for high-intensity development with a broad range of
uses. R-O is primarily a residential zone that allows for multi-household development as a
primary use but also allows various types of commercial uses, while B-2 is primarily a
commercial zone that allows for accessory residential uses. Both of these zones are located
along major thoroughfares and near commercial nodes within the City and are intended to
promote walkable neighborhoods with a mix of housing, services and employment
opportunities. Allowing for buildings with additional floors in these two zones will promote
infill development, the construction of more housing units, and create a more urban
landscape, reducing the need to expand City limits outwards. This fosters a pattern of
development that works towards conserving the valuable and limited resources within the
City and the Gallatin Valley, and mitigating the vastly undersupplied housing market. The B-
2 district has long had an option to use a conditional use permit to gain up to an additional
30% of building height. The proposed amendment changes this additional height to an of-
right part of the B-2 district.
There have been six public comments received by the writing of this report and can be
viewed at the link below:
Ordinance 2070 – Public Comment
All public comments received were from members of the development and design
community in Bozeman and were in support of the proposed amendments, specifically the
changes to the B-2 zoning height requirements, the additional height allowances to
accommodate 9’ floor plates, and the increased design flexibility and density.
Strategic Plan
4.1 Informed Conversation on Growth
Continue developing an in-depth understanding of how Bozeman is growing and changing
and proactively address change in a balanced and coordinated manner.
b) Develop and Align Infill Policies - Develop, adopt and align city policies for infill
and redevelopment, economic development and public infrastructure.
4.4 Vibrant Downtown, Districts & Centers
Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and
neighborhood centers – including higher densities and intensification of use in these key
areas
Zoning Commission
The Zoning Commission will hold their public hearing on April 12, 2021.
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Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070
Page 4 of 10
Alternatives
1. Provisional adoption of the ordinance;
2. Provisional adoption of the ordinance with modifications to the recommended ordinance;
3. Denial of the ordinance based on 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 to
supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 3
Zoning Commission ............................................................................................................ 3
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 5
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 8
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ................ 9
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 9
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF .............................. 9
FISCAL EFFECTS ................................................................................................................. 10
ATTACHMENTS ................................................................................................................... 10
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
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Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070
Page 5 of 10
The Zoning Commission will hold a public hearing on this amendment on April 12, 2020, at
6 p.m. and will forward a recommendation to the City Commission on the Zone Map
amendment.
The City Commission will hold a public hearing on the zone map amendment on May 11,
2021, at 6 p.m.
SECTION 2 - TEXT 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 broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
A zone text 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 text 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. There are several elements of the growth policy which support the proposed
changes to this amendment. The more substantial changes related to building height are
reflected in language and goals throughout the Bozeman Community Plan. On page 12 of the
BCP, a discussion on growth highlights the need for smart growth within the City and the
pitfalls of restricting growth through artificial measures such as building height restrictions.
If the City were to maintain the current building height and neglect to evolve with the influx
of persons moving to the City and the Gallatin Valley, it would limit the capacity for
businesses and homes to locate here, increasing housing prices even more and stifling
economic growth. When people who work in Bozeman are forced to live out of town, they
typically use City services but do not contribute to the tax base that funds the services. It is
the goal of the City to accommodate people and businesses within City limits. The estimated
acreage required to accommodate the Planning Period described in the BCP is between 3,820
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Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070
Page 6 of 10
and 5,716 depending largely on density. These proposed changes will increase density
through height allowances in zones that permit the construction of high-intensity residential
developments, reducing the required amount of acreage and conserving natural resources in
the Valley.
“DCD – 1.5: Identify underutilized sites, vacant, and undeveloped sites for possible
development or redevelopment, including evaluating possible development incentives”
“DCD – 2.2: Support higher density development along main corridors and at high visibility
street corners to accommodate population growth and support businesses”
“EE-1.1 Support the goals and objectives outlined in the Bozeman Economic Development
Strategy”
One of the intentions for increasing the allowable height in the R-O zone was to make the
zone more attractive to developers, being that it is one of the most underutilized in the City.
These proposed amendments directly responds to Goal DCD-1.5 and will work towards
making the vacant R-O sites within the City more attractive and economically feasible for
development. Both R-O and B-2 zones are located along main transportation corridors and
with these changes will be able to support the higher density development as described in
Goal DCD-2.2. Goal 2 of the BEDS is to support business; the proposed changes will allow
for additional capacity within new buildings for businesses to be located and will promote the
construction of more housing units in commercial areas which will increase traffic for
businesses.
B. Secure safety from fire and other dangers.
Yes. The City has adopted a variety of standards to address this criterion. These include but
are not limited to the construction standards of the building code, floodplain controls, and
storm water management. The proposed amendments do not modify those standards.
Therefore, the code as a whole continues to satisfy this criterion.
C. Promote public health, public safety, and general welfare.
Yes. Simplifying the UDC works towards streamlining the design and development process,
making development easier and more viable. Allowing extra height to account for changes in
industry standards promotes higher-quality buildings which contribute to the character of
Bozeman. Allowing for more intense development through height allowances where
appropriate creates more opportunities for housing and businesses while conserving precious
resources and open spaces by building upwards instead of outwards.
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D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. Higher density development near commercial nodes and major thoroughfares
facilitates the above mentioned services by locating businesses and homes nearby these
services which will reduce traffic and the need to construct more public infrastructure,
including sewerage, water conduit etc. The proposed amendments do not modify the
standards for provision of these services.
E. Reasonable provision of adequate light and air.
Neutral. The proposed changes will not affect the reasonable provision of adequate light and
air.
F. The effect on motorized and non-motorized transportation systems.
Yes. Allowing for taller buildings along main corridors and in commercial areas will support
the construction of more residential units close to goods, services, and employment
opportunities which will reduce the traffic demand on the City’s roads and transportation
networks.
G. Promotion of compatible urban growth.
Yes. The proposed changes will promote compatible urban growth by increasing allowable
building height throughout the majority of zoning districts and allowing for an extra story of
height in R-O and B-2 districts which are designed to be high-intensity, mixed-use districts.
Increasing density in these two districts will allow for the construction of more housing near
goods, services, and employment opportunities which contributes to a more urban landscape
and will support businesses by increasing the density of people living near them. Providing a
uniform increase in the majority of districts will ensure that neighborhoods and districts will
maintain the existing character and compatibility while allowing them to adapt to current
industry best practices.
H. Character of the district.
Yes. The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the City's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
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The affected districts serve to provide Bozeman with a broad range of mutually supportive
commercial and residential uses that can accommodate future growth and enhance the
character of the City. Ensuring that the City’s Unified Development Code explicitly states
height requirements for commercial and mixed-use districts guarantees that all development
projects will adhere to the same standards, thus maintaining and enhancing the character of
the defined districts and promoting adaptable uses through implementation of design
standards. The maximum heights in most districts are only modestly changing. The greater
height changes are limited to the districts which are expected to be more intensive. The
change to the front setbacks to make reference to the block frontage standards simplifies
design of sites to more consistently match the existing and developing character of non-
residential districts.
I. Peculiar suitability for particular uses.
Neutral. No changes to allowed uses in zoning districts happen with this amendment and no
changes to allowable building heights in any districts are changed with this amendment.
J. Conserving the value of buildings.
Neutral. The code requirement that this amendment is clarifying only applies to new
construction.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The height allowances in R-O and B-2 will encourage higher-intensity uses in areas that
can support them. The amendment does not change the zoning map.
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
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Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070
Page 9 of 10
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
As construction and architecture standards change, the City is committed to updating the
development code to reflect those changes. This is accomplished in the height increase that will
see most zoning districts allow for approximately 1.5 additional feet per allowable story.
Additionally, this amendment proposes to simplify the building height standards by reducing the
roof pitch categories from four to two. This will make that section of code easier to use and less
restrictive, while not compromising any of the intent of the code. The more substantial changes
to the building heights section is proposed to occur with the R-O and B-2 zones, which will see
an allowable height increase that would accommodate an extra floor. City staff believes this
change is necessary to provide additional incentive to increase density in these districts, making
the construction of more residential units more feasible which will in turn support the existing
business in the districts.
Another change that is proposed with this amendment is related to front setbacks in commercial
zones and the conflicting language within two separate Articles of the UDC. This proposed
amendment will eliminate the conflicting language and refer the front setback designations to
Block Frontage Standards. This will make the UDC easier to use and will also effectively reduce
the front setback requirements in industrial zones from 20’ to 10’ which will make those zones
more attractive and increase the allowable building envelope and design flexibility for the site.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission public hearing, and not
more than 45 days prior to the City Commission public hearing. Hearing dates are on the first
page of this report.
Six public comments have been received at the writing of this report.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
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Staff Report for the Form and Intensity Standards Update Text Amendment Ord. 2070
Page 10 of 10
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Jacob Miller, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2070 – Form and Intensity Standards Update
Public Comment
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Page 1 of 10
ORDINANCE NO. 2070
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING THE BOZEMAN MUNICIPAL CODE TO INCREASE THE
ALLOWABLE HEIGHT IN SEVERAL ZONING DISTRICTS TO ACCOUNT FOR A
CHANGE IN CONSTRUCTION INDUSTRY STANDARDS AND TO INCREASE THE
HEIGHT IN R-O AND B-2 TO ALLOW FOR AN ADDITIONAL STORY, REDUCE THE
NUMBER OF ROOF PITCH CATEGORES, AND CHANGE THE COMMERCIAL
FRONT SETBACK DESIGNATIONS TO REFER TO 38.510 – BLOCK FRONTAGE
STANDARDS BY AMENDING 38.320. – FORM AND INTENSITY STANDARDS TABLE
38.320.030.C (TABLE OF FORM AND INTENSITY STANDARDS—RESIDENTIAL
DISTRICTS), TABLE 38.510.030.G. (OTHER BLOCK FRONTAGE STANDARDS),
TABLE 38.320.050 (TABLE OF FORM AND INTENSITY STANDARDS—NON-
RESIDENTIAL AND OTHER MIXED-USE DISTRICTS) AND 38.510.030.H.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, City is committed to reviewing and improving the Unified Development
Code; and
WHEREAS, the City has developed a platform to submit revisions to the Unified
Development Code to improve overall functionality and ease of use; and
WHEREAS, it has been identified that current allowable heights do not reflect the current
industry standard room heights; and
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Ordinance 2070, Form and Intensity Standards Update
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WHEREAS, it has been identified that the R-O district is an underutilized district with
many vacant properties throughout Bozeman; and
WHEREAS, it has been identified that the amount of roof pitch categories should be
simplified; and
WHEREAS, it has been identified that there is conflicting language regarding front
setback requirements; and
WHEREAS, the Bozeman Community Plan 2020 supports additional opportunities for
infill and an increase in allowed density of development, and
WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman
Municipal Code to reflect industry design standards and increase the ease of use of the UDC.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
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Ordinance 2070, Form and Intensity Standards Update
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Section 1
That Table 38.320.030.C – Density, building height, and setbacks, of the Bozeman Municipal Code be
amended as follows:
Use Type/Standard
Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Density, floor area and lot coverage
Density, minimum
(dwellings per net acre)
(38.320.020.B)
2 5 5 5 8 8 1 6 5
Lot coverage, maximum 2
(38.320.020.C.1) 25% 40% 3 40% 3 40% 3 50% 3 - — 40% 3
Floor area ratio, maximum 4
(38.320.020.C.3) 0.45:1 0.5:1 0.75:1 1:1 1.5:1 — 1.5:1 —
Maximum building height (feet) (38.320.020.E)
Roof pitch in feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Less than 3:12 24 28 24 28 24 30 32 36 34 40 44 5 505 34 50 24 28
3:12 or greater but less than 6:12 30 42 28 40 28 40 38 46 38 50 48 5 605 38 60 28 40
6:12 or greater but less than 9:12 34 32 32 40 42 52 5 42 32
Equal to or greater than 9:12 38 36 36 42 44 54 5 44 36
Minimum setbacks (feet)(38.320.020.F)
Front setback 15 6 15 15 15 15 15 7 15 15
Setback to an individual garage oriented to the
street 20 8 20 8 20 8 20 8 20 8 20 8 20 8 20 8
Rear setback 20 6 20 20 20 20 20 20 20
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Ordinance 2070, Form and Intensity Standards Update
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Side setback 5 6 5 9 5 9 5 9 5 9 5 9 5 9 5 9
Section 2
That Table 38.320.050 - Table of Form and Intensity Standards—
Non-Residential and Other Mixed-Use Districts of the Bozeman Municipal Code be amended as follows with all other
portions remaining unchanged:
Standard
Zones
Commercial Zoning Districts
UMU
Industrial Zoning
Districts PLI NEHM
U
B-1 B-2 B-2M B-3 BP M-1 M-2
Lot and floor area standards
Minimum lot area
(square feet)
(38.320.020.A)
5,000 — - - — 43,56
0 7,500 — — 5,000 1
Minimum lot width
(feet)
(38.320.020.A)
50 100 — — — 150 75 100 — 50
Maximum lot coverage
(38.320.020.C) 100% 100% 100% 100% 100% 4 60% 100% 100% - 40%—
100% 5
Minimum floor area
ratio
(38.320.020.C)
— — — — 0.50 — — — — —
Building height standards (feet) (38.320.020.E)
Minimum building
height — — — — 22 6 — — — — —
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Ordinance 2070, Form and Intensity Standards Update
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Maximum building
height Variable 8 55/70 9 55 10 6010 45 50 45 50 — 45 50
Minimum floor to
ceiling height 13 13 13 13 13 — — — — —
Roof pitch < 3:12 34 40 38 7 507 38 7
427
Roof pitch 3:12 or > 38 45 44 7 607 44 7
487
Minimum setback (feet) (38.320.020.F)
Front Setback Front setback provisions are set forth in the block
frontage standards in division 38.510.
25
11,17 20 11 20 11 0 12 20 11
Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510.
Setback to an individual
garage oriented to the
street
— 20 20 20 — — — — — 20
Rear Setback 10 10 10 13 0 15 0 20 17 3 3 0 12 3
Side Setback 5 14 5 14 5 14 0 15 0 15 17,
14 3 14 3 14 0 12 3
Side or Rear Setback
Adjacent to Alley 5 5 5 5 5 5 5 5 5
Parking & loading areas
(feet) Note 15 Note 15
Front Setback Note 11 Note 11 Note 11 Note 11 Note 11 Note
11
Note
11
Note
11
Rear Setback 10 16 10 16 5 16 0 17 - — —
Side Setback 8 16 8 16 5 16 0 17 - - -
Garages and special parking standards
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Ordinance 2070, Form and Intensity Standards Update
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Residential Garages — Note 18 Note 18 Note 18 — — — — — Note
18
Special Parking
Standards
Note 19,
20
Note 19,
20 Note 19, 20 Note 20 Note 19, 20 Note
20
Note
19,20
Note
19,20 Note
20
Notes:
7. B-2 height Height exceptions:
a. Maximum height may be increased by up to a maximum of 50 percent when the
zoning district is implementing a regional commercial and services growth policy land
use designation.
b. Maximum height otherwise cumulatively allowed by this section may be increased by
30 percent through the approval of a conditional use permit, but only when the
additional height is a specifically identified purpose of the review.
Section 3
That Table 38.510.030.G Other block frontage standards be amended as follows with all other portions remaining
unchanged:
Element Standard ( refers to departure opportunities, see subsection 38.510.030 below)
Ground floor land use
Land use
See Tables 38.310.030-.040 for permitted use details.
Building placement Where allowed in the applicable zoning district, buildings may be placed up to the
sidewalk edge provided block frontage standards herein are met (except where
otherwise noted herein). 10' minimum front setback for other buildings., except
where greater setbacks are specified in the district per division 38.320. See section
38.510.030.J for special design provisions associated with ground level residential
uses adjacent to a sidewalk.
Building entrances Building entrances facing the street are encouraged. At least one building entry visible
and directly accessible from the street is required. Where buildings are set back
from the street, pedestrian connections are required from the sidewalk.
Façade transparency For storefronts, at least 60% of ground floor between 30" and 10' above the sidewalk
is required. Other buildings designed with non-residential uses on the ground floor
within 10' of sidewalk, at least 30% of the ground floor between 4'-8' above the
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Ordinance 2070, Form and Intensity Standards Update
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Element Standard ( refers to departure opportunities, see subsection 38.510.030 below)
sidewalk. Other buildings, at least 10% of the entire façade (all vertical surfaces
generally facing the street). Window area that is glazed over or covered in any
manner that obscures visibility into the storefront space must not count as
transparent window area.
Weather protection At least 3' deep over primary business and residential entries.
Parking location
Also see division
38.540 of this division
for related parking
requirements
There are no parking lot location restrictions, except that a 10' buffer of landscaping
between the street and off street parking areas meeting the performance standards
of division 38.550 of this division is required.
Landscaping
Also see division
38.550 of this division
for related
landscaping standards
The area between the street and building must be landscaped and/or private porch or
patio space.
For setbacks adjacent to buildings with windows, provide low level landscaping that
maintains views between the building and the street.
Also provide plant materials that screen any blank walls and add visual interest at
both the pedestrian scale and motorist scale. For extended wall areas, provide for a
diversity of plant materials and textures to maintain visual interest from a pedestrian
scale.
Sidewalk width Where storefront buildings are proposed, sidewalks must meet storefront block
frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent to
arterial streets and public parks and 5' minimum width in other areas, except the
review authority may require wider sidewalks in special areas where called for in
adopted plans or where significant pedestrian traffic is anticipated.
3. Departure criteria. Departures to the above standards that feature the symbol will be considered
by the review authority (per section 38.250.060) provided the alternative proposal meets the intent
of the standards, plus the following criteria:
a. Minimum setback. Provide design treatments that create an effective transition between the public
and private realm. This could include a stoop design to other similar treatments that utilize a low fence,
retaining wall, and/or hedge along the sidewalk.
b. Façade transparency. The design treatment of a façade and/or landscape element provides visual
interest to the pedestrian and mitigates impacts of any blank wall area.
H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in
subsection G above except:
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Ordinance 2070, Form and Intensity Standards Update
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1. Minimum front setback provisions of division 38.320 supersede the building location provisions set
forth in subsection G.2 of this section.
2. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at
least 10 20 feet in depth and are encouraged to meet the landscaping standards of division 38.550.
Departure: Reductions in the landscaping frontage may be considered for low volume and low visibility
streets entirely within the industrial zone. Land uses with a higher density of employees warrant
standard landscaping and pedestrian access provisions.
Section 4
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 5
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
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 6
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.
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Ordinance 2070, Form and Intensity Standards Update
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Section 7
Codification.
This Ordinance shall be codified as indicated in Sections 1-3.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2070, Form and Intensity Standards Update
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___ day of ________, 20__.
____________________________________
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 ___ of
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
106
From:Rob Lateiner
To:Agenda
Cc:Martin Matsen
Subject:B-2 Zoning Height Changes
Date:Tuesday, March 23, 2021 6:20:59 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
To Whom It May Concern:
I would like to express my support for the following proposed changes to the B-2 ZoningHeight Limits:
< 3/12 pitch = 50’
> 3/12 pitch = 60’
As a developer trying to build multifamily units in B-2, these height limit increases wouldeliminate the cumbersome need to obtain a CUP and help streamline and expedite our efforts
to provide attainable housing in the community. I think this change would be very helpful increating housing units in Bozeman. Thank you.
Rob Lateiner
Virga Capital | Principal
P.O. Box 1070
Bozeman MT 59771
cell: (406) 599-9419
email: rob@virgacapital.com
107
From:josh allen
To:Agenda
Subject:Comments on Form and Intensity Standards Update
Date:Friday, March 26, 2021 10:14:01 AM
Attachments:image001.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello,
I am writing in support of the proposed form and intensity updates in Ordinance 2070. The existing
requirements are not reflective of modern building trends. The primary two trends that have made
these requirements difficult are the movement toward 9’ ceiling heights as a standard, and the
movement toward deeper floor systems to accommodate modern floor stiffness standards and
mechanical systems.
The previous standards became especially difficult when dealing with three-story apartment-style
buildings with internal corridors. The added width of units on both sides of a central corridor
essentially dictated flat roofs, which are much more expensive than higher pitch shingle roofs.
All told, as a building professional and SWIMBIA board member, I am fully supportive of these
changes as they will allow design professionals to meet modern building standards without forcing
unintended design limitations.
Thank you,
Joshua Allen
Project Manager
Bozeman, Montana
Phone: 406.599.8417
Email: joshua@cpbuild.us
Website: www.cpbuild.us
108
From:Laura Dornberger
To:Agenda
Subject:Form and intensity standards update
Date:Tuesday, March 30, 2021 3:03:32 PM
Attachments:Form & Intensity Standards Update Support.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
See my letter providing support for Proposed Ordinance No 2070. Thanks,
LAURA DORNBERGER | LOCATI ARCHITECTS
AIA ARCHITECT LEED AP BD+C / PARTNER
1007 EAST MAIN | SUITE 202
BOZEMAN MONTANA 59715
406.587.1139 | OFFICE
406.570.7496 | CELL
109
March 30, 2021
Zoning Commission & City Commission
RE: Ordinance No. 2070 - Form & Intensity Standards Update
Dear Commission:
I am in support of the building height increases proposed to the Form & Intensity Standards of the
UDC. Specifically, the proposed B-2 height increase provides the method for a building to be more
economically feasible to provide residential on the upper levels of mixed-use buildings. This will allow
more residential to be constructed w/in the B-2 zoned areas.
Best Regards,
Laura Dornberger
Project Architect
110
From:Charley Franklin
To:Agenda
Subject:FW: Comments needed re: Form and intensity standards update
Date:Tuesday, March 23, 2021 12:09:33 AM
Attachments:Ordinance 2070 Form & Intensity Standards Update DRAFT.docx
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello, as a member of the Bozeman Design Community, I would like to show my support for
Ordinance 2070 Form & Intensity Standards Update. I believe it is appropriate to allow taller
building heights through-out our residential districts, as this will support urban growth and density in
areas that are planned for residential living. Urban growth and density are critical to preserving the
natural landscape surrounding Bozeman, as well as increasing tax base…and we need to support
these principles moving forward.
Thank you for your consideration, Charley Franklin. 1710 Midfield St. Bozeman, MT 59715.
Charley Franklin AIA
Principal | Director - Bozeman
SMA ARCHITECTS
Helena | Bozeman
P 406-219-2216
architects-sma.com
COVID-19 UPDATE: SMA staff are working in office or remotely at personal discretion and according to
the Governor’s current directives. All visitors are encouraged to make an appointment before coming into
the office.
Facebook | Instagram | LinkedIn | YouTube
From: Martin Matsen <MMatsen@BOZEMAN.NET>
Sent: Monday, March 22, 2021 2:06 PM
Subject: Comments needed re: Form and intensity standards update
Attached is a draft of the ordinance that would adopt new building heights for all residential zone
districts. The idea behind these changes would be to allow for newer buildings to meet modern floor
height expectations such as 9 and 10 foot ceilings. We have also simplified the table by eliminating
and consolidating some of the roof pitch categories. Of note is the significant increase to the R-O
heights. This is meant to incentivize this underutilized district and to create a little more density
within this transitional zone.
These changes will be presented to the Zoning Commission on April 19th and will go before the City
Commission on May 11th. Please feel free to send me any comments you may have regarding the
draft.
If you are in support of these changes I would really appreciate a note of support with some brief
reasoning be sent to agenda@bozeman.net as it will be important for the Commissioners to know
111
that these changes are needed and supported by the design community. Please feel free to forward
this draft to other interested parties.
Thanks – Marty
MARTY MATSEN, AICPDirector | Community Development | City of Bozeman 20 East Olive St. | P.O. Box 1230 | Bozeman, MT 59771Office: 406.582.2262 | Mobile: 406.589.5480 | mmatsen@bozeman.net | www.bozeman.net
⌂ Planning ⌂ Building ⌂ Historic Preservation ⌂ Community Housing ⌂ Code
Compliance
City of Bozeman emails are subject to the Right to Know provisions of Montana’sConstitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2,Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and thecontents may be available for public disclosure and will be retained pursuant to the City’srecord retention policies. Emails that contain confidential information such as informationrelated to individual privacy may be protected from disclosure under law.
112
From:Greg Allen
To:Agenda
Subject:Residential Building height changes
Date:Tuesday, March 23, 2021 10:27:27 AM
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recognize the sender and know the content is safe.
The changes for building heights proposed by the planning departments will facilitate more dynamic
residential design keeping pace with contemporary design trends. It is important as a community to
support forward looking housing and design that will help us meet growing housing needs and avoid
sprawl.
113
From:Mike Delaney
To:Agenda
Subject:Change B2 HEIGHTS
Date:Tuesday, March 23, 2021 11:12:47 AM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Dear Martin,
It is very wise and important to keep the B2 Zones as desirable and flexible as the RO Zones .
Please make sure they B2 Zones can increase their maximum heights to 50 feet for a flat roof and 60 feet tall for a
3/12 roof.. These proposed changes will be the a proper and needed addition to the B2 zone..
Sincerely ,
Michael Delaney
Sent from my iPhone
Michael Winn Delaney
Delaney and Company, Inc.
101 East Main Street
Bozeman, Montana 59715
Cell Phone : (406) 539-7798
114
Memorandum
REPORT TO:Zoning Commission
FROM:
Report By: Kelley Rischke, Assistant City Attorney
SUBJECT:Repeal and Replace Division 38.270 – Improvements and Guarantees – of the
Bozeman Municipal Code to Allow Greater Flexibility to Concurrently Construct
Improvements and Development Projects, Require Installation of Sidewalks
Commensurate with All Other Improvements to Provide Accessibility for Everyone,
and to Generally Clean up the BMC.
MEETING DATE:April 12, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Recommended 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 21040
and move to recommend approval of Ordinance 2074.
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 proposal would entirely replace the improvements and guarantees
regulations of the Bozeman Municipal Code (BMC) with new standards and
procedures. These edits have three components: requiring timely sidewalk
installation for improved accessibility for everyone; increased ability to
concurrently construct infrastructure and development projects; and general
cleanup of the code.
First, in striking section 38.270.030.B.2, sidewalks will be installed within the
timeframes that all other required infrastructure is – within 1 year. The
present allowance for delayed installation of sidewalks results in incomplete
sidewalk systems for up to three years. This change helps directly realize
many of Bozeman’s stated goals in its 2020 Community Plan to complete
sidewalk networks to improve health of residents and be more inclusive and
accessible to people of all abilities including people who walk, people who
use wheelchairs, and those who use other non-vehicular means of
transportation.
Further, the detailed lot by lot tracking required by the current three year
115
time horizon to install sidewalks results in missing sidewalk segments,
incomplete infrastructure, is burdensome, and exceeds organizational
capacity. This has been an on-going issue for many years. The Bozeman
Public Works Department has received 7 complaints over the past year
regarding missing sidewalk segments. Often the cost of installing sidewalks
shifts to the purchaser of the property because the developer is no longer
bound by agreement or security to finish the sidewalk infrastructure. By
requiring sidewalk installation at subdivision, secured by an improvements
agreement and financial and non-financial guarantees, the City will ensure
compliance with the code and save resources used to track installation of
sidewalks after three years and execute on any remaining security and hire a
contractor to complete the infrastructure.
Second, many edits address Bozeman’s changing development environment,
recognizing that new projects may increasingly contain a few large lots that
will eventually go through subsequent subdivision or development and,
consequently, review and scrutiny of the City. These edits provide more
flexibility to allow concurrent construction of development projects and
required infrastructure, with an improvements agreement and appropriate
financial and non-financial sureties to ensure compliance with regulations
and completion of the infrastructure.
Finally, other proposed changes clean up the code, improving its
functionality for the City and applicants. These changes include: better
organizing the contents of the division; clarifying how, when, and the terms
by which improvements agreements may be used; clarifying the kinds of
securities and the terms by which they may be used; and setting 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. Additionally, the term “security” is proposed to be used for
consistency throughout the BMC, consistency with Montana Code
Annotated §76-3-507, and considering the definition of the term “security”
in Black’s Law Dictionary.
If the City Commission adopts this ordinance it will take effect 30 days after
final adoption.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Recommend denial of the ordinance based on findings of non-
compliance with the applicable criteria contained within the staff
report; or
2. Open and continue the public hearing on the application, with specific
direction to staff to supply additional information or to address
specific items.
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FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Amendment.
Attachments:
Ordinance 2074 Div 38 270 Improvements and
Guarantees.pdf
Ord 2074 PB ZC Staff Report.pdf
Report compiled on: April 7, 2021
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Page 1 of 24
ORDINANCE NO. 2074
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REPEALING DIVISION 38.270 OF THE BOZEMAN MUNICIPAL CODE
AND REPLACING IT ENTIRELY WITH A REVISED DIVISION 38.270 TO: REMOVE
THE REQUIREMENT THAT A PROJECT BE A PLANNED UNIT DEVELOPMENT TO
QUALIFY FOR CONCURRENT CONSTRUCTION AND ESTABLISH REGULATIONS
FOR CONCURRENT CONSTRUCTION; REVISE REGULATIONS FOR DEFERED
INSTALLATIONS OF IMPROVEMENTS THROUGH AN IMPROVEMENTS
AGREEMENT AND FINANCIAL AND NON-FINANCIAL SECURITY; REMOVE
SECTION 38.270.030.B.1.b(3) ALLOWING DEVELOPMENTS TO DELAY
INSTALLATION OF SIDEWALKS; REQUIRE INSTALLATION OF STORMWATER
INFRASTRUCUTRE PRIOR TO ISSUANCE OF A BUILDING PERMIT; REQUIRE A
PROPERTY OWNERS ASSOCIATION TO MAINTAIN STORMWATER
IMPROVEMENTS; AND REMOVE THE REQUIREMENT FOR A PROPERTY
OWNERS ASSOCIATION TO MAINTAIN PARKS; REQUIRE AN APPROPRIATE
PROFESSIONAL TO CERTIFY COMPLIANCE OF IMPROVEMENTS AS BUILT;
REMOVE THE USE OF SPECIAL IMPROVEMENTS DISTRICTS TO GUARANTEE
STREET IMPROVEMENTS IN SECTION 38.270.030.B; REQUIRE A DOCUMENT TO
BE FILED WITH THE CLERK AND RECORDER THAT STATES A CERTIFICATE OF
OCCUPANCY WILLNOT BE ISSUED UNTIL ALL INFRASTRUCTURE IS
INSTALLED AND ACCEPTED BY THE CITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated § 76-2-304; and
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WHEREAS, City is committed to reviewing and improving the Unified Development
Code (UDC); and
WHEREAS, the City is authorized to regulate the provision of security requirements to
ensure construction of public improvements pursuant to Montana Code Annotated § 76-3-507; and
WHEREAS, the City is authorized to require a subdivider to pay or guarantee payment
for the extension of capital facilities related to public health and safety, including public roads,
sewer, water, and storm drains pursuant to Montana Code Annotated § 76-3-510; and
WHEREAS, the City strives to prioritize accessibility and mobility choices by promoting
active transportation that increases daily physical activity, improving health and lowering
healthcare costs, and is inclusive of all users of transportation networks; and
WHEREAS, it is in the interests of the City to allow concurrent construction of required
infrastructure and development, with an improvements agreement and appropriate security, to
promote economic development in the City and accommodate the changing development
environment; and
WHEREAS, it is in the interests of the City and public welfare to revise the Bozeman
Municipal Code (BMC) to increase the ease of use of the UDC;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health,
safety and welfare and otherwise execute the purposes of Montana Code Annotated § 76-2-304.
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2. The City is authorized to regulate the provision of security requirements to ensure
construction of public improvements pursuant to Montana Code Annotated § 76-3-507.
3. The City is authorized to require a subdivider to pay or guarantee payment for the
extension of capital facilities related to public health and safety, including public roads, sewer,
water, and storm drains pursuant to Montana Code Annotated § 76-3-510.
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria of
Montana Code Annotated sections 76-2-304, 76-1-606, and 76-3-501 are satisfied.
5. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020),
by Resolution 5133 to establish policies for development of the community.
6. Zoning must be in accordance with the adopted growth policy.
7. The required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the applicable materials and provide
comment.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, Planning Board recommendation, all submitted public
comment, and all other relevant information.
9. The City Commission determines that, as set forth in the staff report and incorporating
the staff findings as part of their decision, the required criteria for approval of this ordinance
have been satisfied.
Section 2
That Bozeman Municipal Code Division 38.270 is repealed in its entirety.
Section 3
That Bozeman Municipal Code Division 38.270 is replaced with the following:
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DIVISION 38.270. - IMPROVEMENTS AND SECURITIES
Sec. 38.270.010. - Purpose and applicability.
A. This division provides standards and procedures relating to the installation of physical
improvements and compliance with requirements related to development. As these
improvements are necessary to meet requirements of the law and to protect public health, safety
and general welfare and other purposes of this chapter it is also necessary to provide means by
which their installation can be ensured. Such improvements may include, but are not limited to,
design elements such as landscaping or architectural features; and infrastructure such as, parking
facilities, storm drainage facilities, pedestrian walkways and public utilities. Furthermore, in
some situations it is in the best interest of the person conducting development to be able to
provide security for the completion of certain work and be able to begin utilization of a
development sooner than would otherwise be possible if all improvements had to be physically
installed before use could begin. This article therefore protects the public health, safety, and
welfare and sources of public funding by:
1. Ensure completion of required improvements or compliance with other requirements of
development to an acceptable standard as required in state law or these regulations;
2. Provide a buyer or lessee protection while allowing a person undertaking development to
proceed with sales or leases before the project is totally complete, especially for multi-phased
projects;
3. Ensure adequate warranty or maintenance, when appropriate, of improvements;
4. Provide for mechanisms to ensure performance of or conformance with conditions of approval
or development requirements; and
5. Accomplish the purposes listed in this subsection A through mechanisms that reduce the need
to rely on costly litigation to accomplish those purposes.
B. This division applies to all subdivisions and site developments as follows:
1. Subdivisions must install or provide security for installation of improvements prior to final
platting as set forth in this article.
2. Site developments including all developments which are not subdivisions, must install
improvements or provide security for installation prior to receiving a certificate of occupancy or
as set forth in this article.
3. The city may determine the nature and timing of required installation of improvements as part
of the subdivision or site development process. When necessary to protect the health, safety, and
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general welfare of the public, and ensure the function and viability of development, installation
of certain improvements may not be allowed to be delayed and must be installed before use of
the property or sale of the property.
Sec. 38.270.020. - Standards for improvements.
A. General. The developer must comply with the following procedures and standards for the
installation of development improvements, including parks.
1. Construction routes. For all developments, a construction route map must be provided
showing how materials and heavy equipment will travel to and from the site. The route must
avoid, where possible, local or minor collector streets or streets where construction traffic would
disrupt neighborhood residential character or pose a threat to public health and safety.
2. Protection of existing improvements. The developer, and the developer's contractors and
suppliers are jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the developer, and the developer's
contractors or suppliers. Such protection of improvements may include requirements for cleaning
of vehicles leaving a construction site. This provision is intended to preclude damage to existing
roads, streets, water, sewer and drainage systems. The city may instruct the developer as to the
streets or roads to be used for access by construction equipment, and the developer must require
the same from the developer's contractors and their suppliers. The city may require the developer
to post a security to guarantee repair of damages.
B. Improvements to be dedicated to the public.
1. Plans and specifications. Engineering and survey plans, specifications and reports required in
connection with public improvements and other elements of the subdivision, or other
development required by the city, must be prepared by a registered engineer or a registered land
surveyor as applicable, licensed in the state, as their respective licensing laws allow. The plans
and specifications must be prepared in compliance with the city's design standards and
specifications policy, park design standards, and other regulations and policies, as applicable.
Plans and specifications for non-engineering improvements must be prepared by a person whose
qualifications are acceptable to the city department with responsibility for that type of
improvements. Plans and specifications for non-engineering improvements must be prepared in
compliance with any applicable adopted design standards and specifications policy.
2. Scope of work. The intent of these regulations is to provide standards by which the contractor
and the developer must execute their respective responsibilities and guarantee proper
construction and completion in every detail of the work in accordance with the plans,
specifications and terms set forth under these regulations.
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a. The developer must furnish the plans, specifications and typical sections for approval by the
city.
b. The city may make or cause to be made any reasonable changes, alterations, amendments and
additions to the standard specifications for infrastructure or park improvements.
c. The city may require all work to be done to support the subdivision or site development,
including off-site improvements.
3. Control of work. During the course of construction, and at the completion of each phase of a
project, the developer's registered civil engineer, or other person acceptable to the city, must
submit a statement that the improvements have been inspected and found to have been
constructed in accordance with the approved plans and specifications. Prior to making any
changes, the developer's engineer must notify and receive written approval or disapproval from
the city for any changes in approved plans and specifications.
4. Improvement procedure.
a. Approval of the improvement plans and specifications must be completed before installation
of improvements or entering into an agreement where security is to be provided for the
completion of the improvements.
b. The procedure for submittal, review and approval of improvement plans and specifications is
contained in the city's design standards and specifications policy, and must be followed by the
developer and the developer's contractors. All plans and specifications related to park and public
trail improvements must be submitted to the parks division for review and approval.
c. After the preliminary plat has received approval or conditional approval, and before the final
plat is submitted, the developer must either install the required improvements or enter into an
agreement with the city securing the installation and performance of the improvements.
d. After the final site plan is approved, subject to section 38.270.030, and prior to occupancy of
any buildings, the developer must either install the required improvements or enter into an
agreement with the city securing the installation and performance of the improvements.
5. Sanitary facilities. Water supply, sewage disposal and solid waste disposal systems must meet
the minimum standards of the city and the state department of environmental quality as required
by MCA 76-4-101 through 76-4-135, and regulations adopted pursuant thereto, and are subject
to the approval of the city.
C. Private improvements. Improvements must be constructed as shown on the approved final site
plan, final plat, or plans and specifications, as applicable. The developer is responsible for
coordinating installation with all necessary parties and to restore to its original condition any
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public improvements or any private improvements or property damaged during installation of
improvements.
Sec. 38.270.030. - Completion of improvements.
A. General. The applicant must provide certification by the architect, landscape architect,
engineer or other applicable professional that all improvements to be dedicated to the public
were installed in accordance with the approved site plan, plans and specifications, or plat as
applicable. For required private improvements, the applicant must provide certification by the
architect, landscape architect, engineer or other applicable professional that all improvements,
including, but not limited to, landscaping, ADA accessibility requirements, private infrastructure,
or other required elements were installed in accordance with the approved site plan, plans and
specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly
approved by the DRC.
1. Improvements to be dedicated to the public. Improvements to be dedicated to the public, such
as water mains, sewer mains, parkland and related improvements, and public streets, must be:
a. installed by the developer in accordance with the approved plans and specifications;
b. certified by a registered professional civil engineer, licensed in the state, or other appropriate
professional acceptable to the city;
c. 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 appropriate.
2. Record drawings and project certification complying with the city's design standards and
specifications policy, including timing for submittal of materials, must be provided by a civil
engineer licensed in the state, or other appropriate professional acceptable to the city prior to
final plat approval for subdivisions, issuance of a certificate of occupancy, or release of security
associated with the improvements to be dedicated to the public.
3. As-built drawings complying with the city's design standards and specifications policy,
including timing for submittal of materials, must be provided prior to final plat approval for
subdivisions, issuance of a certificate of occupancy, or release of security associated with the
improvements to be dedicated to the public.
a. Public street or road improvements must be developed to adopted city standards.
4. Public right of way lighting. Lighting, as required in division 38.570 must be incorporated into
all development. Prior to final plat approval, lighting must be installed or secured. If the lighting
is secured, it must be considered as part of the required street improvements and building permits
must not be issued until the improvements are installed, except when concurrent construction is
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an identified purpose of the initial project review, and approved pursuant to the criteria
established in subsection D of this section.
5. Private improvements and other required improvements. Improvements, including, but not
limited to, private parks or open space, landscaping, paving or irrigation must be installed in
accordance with the approved preliminary plat or site plan by the developer and inspected and
found to comply with the city standards and requirements prior to the approval of the final plat,
issuance of a certificate of occupancy for the building or site, or other identified benchmark as
appropriate. All improvements required as part of a subdivision must be installed and accepted,
or secured in accordance with an improvements agreement, prior to final plat approval.
B. Completion time for subdivisions.
1. Improvements. All subdivision improvements, including parks, must be constructed and
completed as approved by the city.
a. All improvements must be installed prior to the issuance of a building permit for any lot within
a subdivision except, when concurrent construction is an identified purpose of the initial project
review, and approved pursuant to the criteria established in subsection D of this section.
b. The subdivider must meet one of the following requirements for completion of street
improvements. The option must be specified in the preliminary plat submittal. Should the
applicant not identify which option is desired, the option presented in subsection B.1.b.(1) of this
section must be required. Altering the choice of option after approval of the development
constitutes a material modification to the project and requires re-review of the project for
modification to the approval subject to the provisions of section 38.100.070.
(1) The subdivision streets improvements must be installed prior to final plat approval. This
requirement may be modified by the review authority for streets where dictated by
circumstances, such as cold weather conditions that do not permit paving, and where acceptable
security for the ultimate development of the streets is provided. However, under no
circumstances must the required gravel courses, curbs, gutters, or sidewalks be waived, and
sanitary sewer manhole rims and water valve boxes must be located at a grade that will not be
damaged by traffic. This requirement must generally not be modified for non-residential
developments; or
(2) The subdivider must enter into an improvements agreement guaranteeing the completion of
the paving, curb, gutter, storm drainage, street lighting, sidewalks, or other street infrastructure
improvements not yet completed. The improvements agreement must provide security, as
explained in this division. However, at a minimum, the plans and specifications for the street
improvements must be approved by the review authority prior to final plat approval. Building
permits will not be issued until the street improvements are completed and accepted by the city
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except when concurrent construction is an identified purpose of the initial project review, and
approved pursuant to the criteria established in subsection D of this section.
C. Completion time for site development. Whenever any building lots and/or building sites are
created inside the city limits, and prior to the issuance of any building permits on such lots or
sites, municipal water distribution systems, municipal sanitary sewer collection systems, streets,
and stormwater collection, treatment, and detention or retention systems must be provided to the
site. Each building site must utilize and be connected to both the municipal water distribution
and municipal sanitary sewer collection systems. Subject to the provisions of subsection C.1 of
this section, these improvements must be designed, constructed and installed according to the
standards and criteria as adopted by the city and approved by the review authority prior to the
issuance of any building permits. Except where concurrent construction is identified and
approved pursuant to criteria established in subsection D below.
1. Provision of municipal central water distribution, municipal sanitary sewer collection systems,
streets, and stormwater systems means that the criteria in either subsection a or subsections b and
c are met as follows:
a. Water, sewer, stormwater, and street services are installed and accepted by the city with
service stubs being extended into the site, with such stubs being of adequate size to provide
water and sewer service to the proposed development without modification to publicly owned
infrastructure; or
b. The water mains, sewer mains, stormwater system, and streets to be extended to provide
service to the development are: located within a publicly dedicated right-of-way or easement;
constructed to city standards; are physically adjacent to the site proposed for construction; are
installed and accepted by the city; and are adequate in capacity to provide necessary service to
the proposed development; and comply with the requirements of this subsection C.1.b and
subsection C.1.c of this section;
c. Water mains, sewer mains, stormwater system, and streets must meet the following
requirements:
(1) Any required on-site extensions of water mains, sewer mains, stormwater system, or streets
to be dedicated to the public must be located entirely within publicly held easements or rights-of-
way; must serve only a single lot; are the subject of an irrevocable offer of dedication to the city
upon completion of the project; the development is under the control of a single developer who
must retain control of the entire project until final completion; all work is under the supervision
of a single general contractor; and no subdivision of land is involved;
(2) The DRC must determine when the standards of this subsection C.1 are met. The fire
department must consider whether adequate fire protection services are available from existing
hydrants, and water supply exists to meet needs during construction. If adequate fire protection
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does not exist then concurrent infrastructure and building construction may only occur under the
provisions of subsection C.1.c.(3) of this section. Based on evaluation by the fire department,
simultaneous construction of infrastructure to be dedicated to the public and private construction
may be permitted only within a defined portion of the site;
(3) Approval of the final engineering design, including location and grade, for the infrastructure
project must be obtained from the engineering department, and the state department of
environmental quality when applicable, prior to issuance of any building permit for the
development; and
(4) No occupancy may be issued until all on-site and offsite water, sewer, stormwater, and street
or drive improvements necessary to serve the site are installed and accepted or approved as
applicable by the city.
D. Exception. In certain circumstances, the issuance of a building permit may be allowed prior to
completion of the public infrastructure, provided that the following criteria are met:
1. The city will have an opportunity to review and approve future proposed development through
a site plan review or planned unit development;
2. The person undertaking the development must enter into an improvements agreement to
ensure the installation of required infrastructure and other applicable improvements, to be
secured by any security or securities found in 38.270.080. If a financial security is used, the
amount will be determined by the city and in an amount not less than 150 percent of the cost of
the improvements verified against city publicly bid unit prices, where such are available. The
security must be in the name of the city and must be at least six months longer than the time of
performance required by the improvements agreement;
3. Improvements must be complete within two years of the date of the improvements agreement;
4. Approval of the final engineering design, including location and grade, for any public
infrastructure must be obtained from the engineering department, and the state department of
environmental quality when applicable, prior to issuance of any building permit for the
development;
5. Building permits may be issued incrementally, dependent upon the status of installation of the
infrastructure improvements. All building construction within the development must cease until
required phases of infrastructure improvements as described in the improvements agreement
have been completed, and inspected and accepted by the city;
6. The developer must provide and maintain hazard and commercial general liability insurance.
Insurance policies must not be cancelled without at least 45 days prior notice to the city. The
commercial general liability policy must name the city as an additional insured. The developer
must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof;
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7. The developer must recognize, acknowledge and assume the increased risk of loss because
certain public services do not exist at the site;
8. If public funds or other third party funding will be used to fund all or part of the installation of
infrastructure, the developer must enter into an agreement with the city which identifies
predetermined infrastructure funding options, including, but not limited to, reimbursement,
payment up front, creation of a special improvements district, or grants;
9. No occupancy of any structures or commencement of any use constructed or proposed within
the boundaries of the development will be allowed until required infrastructure improvements
have been completed, and inspected and accepted by the city, and a certificate of occupancy has
been issued;
a. No occupancy of structures or commencement of any use is allowed when such action would
constitute a safety hazard in the opinion of the city;
10. The developer must enter into an agreement with the city to address the provision of any
services on an interim basis during construction, if deemed appropriate;
11.The developer must execute a hold harmless and indemnification agreement indemnifying,
defending and holding harmless the city, its employees, agents and assigns from and against any
and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising
out of the issuance of a building permit under this section;
12. The developer must pay for any extraordinary costs associated with the project which the city
may identify, including, but not limited to, additional staff hours to oversee the planning,
engineering and construction of the project and infrastructure improvements, inspection of the
infrastructure improvements and any extraordinary administrative costs;
13. The development must be under the control of a single developer and all work must be under
the supervision of a single general contractor. The developer and general contractor must agree
that there must be no third-party builders until required infrastructure improvements have been
completed, and inspected and accepted by the city; and
14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing
all requirements of this section, must be submitted for review and approval of the Community
Development Director in consultation with the City Engineer and with a recommendation from
the development review committee.
E. Limitations. Notwithstanding the provisions of subsection D of this section, the city may limit
the scope, type and number of projects eligible for concurrent construction consideration.
Sec. 38.270.040. - Special provisions for timing of certain improvements.
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A. Park, pathway, and boulevard improvements.
1. These required improvements must be installed, or subject to an approved improvements
agreement and financially secured, prior to final plat approval or occupancy of a building subject
to development review, excluding sketch plans.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of these improvements as long as the improvements are subject to an approved
improvements agreement and are financially secured.
B. Neighborhood center improvements.
1. With the exception of neighborhood commercial and civic buildings and their grounds,
neighborhood center improvements must be installed, or subject to an approved improvements
agreement and financially secured, prior to final plat approval.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of improvements related to greens, plazas and squares as long as the improvements
are subject to an approved improvements agreement and are financially secured.
Sec. 38.270.050. - Acceptance of improvements.
A. Improvements dedicated to the public.
1. Acceptance of street, road, and bridge improvements. Before any subdivision street, whether
new or existing, can be accepted into the city street system by the city, it must be built to meet or
exceed the required standards. Any improvements made to county roads must meet or exceed
standards set by the county road office, and must be reviewed and approved by the county road
office. Any bridge improvement, within the city or the county, must meet or exceed standards set
by the state department of transportation and county road office, and must be reviewed and
approved by the county road office and the city, and accepted by the county road office into the
county's bridge maintenance system.
2. Acceptance of park, water, sewer, and storm drainage improvements. Before any public park,
water, sewer or storm drainage improvement, whether new or existing, can be accepted into the
city system by the city, it must be built to meet or exceed the required standards. Any
improvement must meet or exceed standards set by the city, state department of environmental
quality and county road office, as appropriate. Improvements must be reviewed and approved by
the city and other agency, as applicable.
3. Record drawings. Record drawings and project certification that all public infrastructure
improvements comply with the city’s design standards and specifications policy must be
provided by a civil engineer licensed in the state of Montana and must be submitted prior to final
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plat approval for subdivisions, per section 24.183.1107(5)(f), ARM as may be amended, or prior
to issuance of a certificate of occupancy for site development, or other identified benchmark as
appropriate.
4. The city may require verification that all liens have been released and payments made prior to
accepting dedication of improvements.
B. Private improvements. The city or its agent must conduct an "as-built" inspection to verify
compliance and must sign off on a certificate of occupancy, final plat or other conclusory action
if all terms and details of the approval are complied with. Except as provided in section
38.270.060, no final plat approval can be permitted, or certificate of occupancy issued, unless the
terms and details of an approved plat or site development or sketch plan are met. Prior to
receiving a certificate of occupancy, the developer must certify the completion of the
improvements as required in section 38.270.030.A.
Sec. 38.270.060. - Improvements agreements.
A. Improvements agreement required. All improvements necessary or required to meet the
standards of this chapter or conditions of approval must be the subject of an improvements
agreement and be secured if final plat approval, occupancy of buildings or other use of an
approved development is allowed before the improvements are completed and inspected by the
city.
1. Reservation. The city reserves the right to require actual installation of improvements prior to
occupancy when such improvements are necessary to provide for health, safety and welfare or
adequate function of systems or on-site development.
B. When required.
1. When occupancy of a development subject to zoning review will commence prior to
completion of all required site improvements; or
2. When a subdivision is to be granted final plat approval prior to the completion of all required
improvements, the applicant must enter into an improvements agreement with the city.
3. At the discretion of the community development director, certain projects receiving a
certificate of appropriateness may be required to enter into an improvements agreement with the
city at the time of final approval of the certificate of appropriateness.
C. If an improvements agreement is used to guarantee the completion of required improvements,
including infrastructure, it may allow for the staged installation of improvements in defined areas
and in accordance with an approved time schedule. At the city's discretion, the improvements in
a prior increment may be required to be completed or the payment or security for costs of the
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improvements incurred in a prior increment must be satisfied before development of future
increments.
1. If an improvements agreement is used with a final subdivision plat to secure infrastructure
improvements, a separate document must be filed with the clerk and recorder with the final plat
that clearly states that building permits will not be issued until all water, sewer, storm drainage
infrastructure and streets are installed and accepted by the city. This requirement may be
modified by the city for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided. However, under no
circumstances must the required gravel courses, curbs, gutters, or sidewalks be waived. No
building permits will be issued for a subdivision within the city until all required water, sewer,
storm drainage, required street lighting, and street gravel courses are installed and accepted
except when concurrent construction is an identified purpose of the initial project review, and
approved pursuant to the criteria established in section 38.270.030.D.
2. If an improvements agreement is used with a site development to secure infrastructure
improvements, a separate document must be filed with the clerk and recorder that clearly states
that certificate of occupancy will not be issued until all water, sewer, stormwater systems and
streets are installed and accepted by the city. This requirement may be modified by the city for
streets where dictated by circumstances, and where acceptable improvement security for the
ultimate development of the required infrastructure is provided. However, under no
circumstances can the required gravel courses, curbs, gutters, or sidewalks be waived. No
building permit will be issued for a site development until all required water, sewer, storm
drainage, required street lighting and street gravel courses are installed and accepted by the city,
except when concurrent construction is an identified purpose of the initial project review and
approved pursuant to the criteria established in section 38.270.030.D.
D. Standards for improvements agreements.
1. All agreements. All improvements agreements must meet the following standards:
a. The agreement and security must be satisfactory to the city attorney as to form and manner of
execution;
b. Detailed cost estimates and construction plans of all required on-site and off-site
improvements must be made a part of the agreement;
c. Provide for security in the amount equal to 150 percent of the estimated cost of the
improvements verified against city publicly bid unit prices, where such are available, to be
secured if the agreement is to be activated;
d. The term for the security referenced in subsection C.1.c of this section must be at least six
months longer than the time of performance required by the improvements agreement;
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e. The agreement must provide for the city to claim the security by certifying that the developer
is in default of the performance to be secured;
f. Requests for partial release of security must only be in amounts such that the security will
always equal 150 percent of the value of the remaining uncompleted work, and such that not
more than 90 percent of the security is released prior to completion of all improvements. The city
may take into account the location and scope of development phases in evaluating requests to
reduce the amount of a financial security. The city may require verification that all liens have
been released and payments made prior to releasing a portion of the security;
g. Provide for the city to require a replacement security in the event the issuer of the security
becomes insolvent, enters receivership, or otherwise gives cause for the city to lack confidence in
the ability of the issuer to honor the security;
h. Permit the city in the event of default by the developer to include in the costs to be recovered
from the security those costs resulting from the need to call in the security, including but not
limited to costs for the city attorney's time; and
i. The financial security must be placed in the keeping of the city.
2. Subdivisions. Improvements agreements for subdivisions must meet the following standards in
addition to those listed in subsection C.1 of this section:
a. The length of time of the agreement must not exceed one year from the date of final plat
approval unless explicitly included as a term of the agreement and the security remains in force.
The agreement must stipulate the time schedule the subdivider proposes and the city accepts for
completing the required improvements;
b. The estimated cost of improvements must be provided by the subdivider's professional
engineer and be consistent with publicly bid unit pricing where such are available. The city
engineer has the discretion to require a second estimate of the cost of improvements, with the
cost of obtaining the second estimate borne by the subdivider. The agreement must stipulate
which type of security arrangements will be used;
c. Security for improvements for internal subdivision streets, water, storm drainage and sewer
mains, or other internal or external improvements must be reduced only upon recommendation of
the city department with responsibility for the type of infrastructure which has been guaranteed;
and
3. Site development. Improvements agreements for developments other than subdivisions must
meet the following standards in addition to those listed in subsection C.1 of this section:
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a. If occupancy of the structure or commencement of the use is to occur prior to installation of
the required improvements, the installation of those improvements must be secured in
conformance with the requirements of this division 38.270;
b. All secured improvements must be completed by the developer within nine months of
occupancy or the security must be forfeited to the city for the purpose of installing or contracting
for the installation of the required improvements;
c. At the community development director's discretion, a developer may be permitted to extend
the manner of security, in general for a period not to exceed one additional year. Factors
including, but not limited to, progress of installation achieved to date and phasing of projects
may be considered;
d. The city must determine which, if any, of the required improvements must be installed prior to
occupancy, regardless of the use of an improvements agreement and security. Such
determination must be based on a finding that unsafe or hazardous conditions will be created or
perpetuated without the installation of certain improvements or that the property will have an
unacceptable adverse impact on adjoining properties until such improvements are installed;
(1) Items include but are not limited to walkways and signage necessary for ADA compliance,
parking surfaces adequate to meet the needs of the uses to be conducted during the term of the
improvements agreement, or matters related to life safety are required to be installed prior to any
occupancy; and
e. When all provisions are met for occupancy of a facility or commencement of a use prior to the
installation of all improvements, and adequate security has been provided in accordance with the
terms of an improvements agreement, the building official may issue a certificate of occupancy.
E. Notwithstanding the provisions of this section, the city may limit the scope, type and number
of improvements eligible for being secured by an improvements agreement and require
installation prior to final plat approval, issuance of building permits, occupancy or other similar
actions.
F. The community development director must sign improvements agreements on behalf of the
city.
G. When an improvements agreement is used to allow the filing of a final plat prior to the
completion of infrastructure, a notice of improvements agreement must be recorded along with
the plat which indicates that certain infrastructure work is still not complete and identifying that
work. When the work has been completed and is accepted by the city as complete, the city must
record a notice of completion stating that the work that was the subject of the improvements
agreement is complete.
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Sec. 38.270.070. - Payment for extension of capital facilities.
A. The city may require a subdivider or other site developer to mitigate the impacts of
subdivision or site development by the extension of existing capital facilities or the construction
of new capital facilities. The review authority, established in section 38.200.010, may determine
that the payment or the guarantee of payment for the construction of capital facilities are
appropriate measures to coordinate with the city's planned capital facility improvements and to
ensure public health, safety and welfare. Payment of cash in-lieu of constructing capital facilities
by a subdivider or other site developer to the city is a mechanism for meeting regulatory
requirements and mitigating subdivision and other site development impacts. The review
authority, in its sole discretion, must determine the appropriate mitigation for any subdivision or
site development impacts.
B. The city may require a subdivider or other site developer to pay or guarantee payment for part
or all of the costs of extending capital facilities related to public health and safety, including but
not limited to public roads or streets, sewer mains, water supply mains and stormwater facilities
for a subdivision or other site development. The costs must reasonably reflect the expected
impacts directly attributable to the subdivision or other site development. The city may not
require a subdivider or other site developer to pay or guarantee payment for part or all of the
costs of constructing or extending capital facilities related to education.
C. The review authority may accept direct payment of cash in-lieu of public street, water, sewer,
and stormwater capital facilities required by this code. For process and standards for payment for
park mitigation see 38.420.030. Should the review authority approve a request to pay cash in-
lieu, a subdivider or other site developer is not required to obtain a variance from the
requirement that such facilities be constructed prior to development approval. A request to meet
the terms of chapters 38 and 40 by payment of cash in-lieu must be submitted by an applicant
prior to a determination of adequacy or any advisory body recommendation during review of a
development application. The city may choose to require payment of cash rather than require the
construction of capital facilities as determined by the review authority. A request received after
determination of adequacy or advisory body recommendation is a material modification to the
application and requires re-review and determination of adequacy.
1. The review authority, established in section 38.200.010, must evaluate proposals of cash in-
lieu of capital facilities and make a decision to approve, approve with conditions or deny such
requests. In evaluating a request to pay cash in-lieu, the review authority must consider the
following criteria:
a. Whether there is a danger to public health and safety of accepting cash in-lieu rather than
constructing the capital facilities;
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b. Whether the work described in the proposal is part of a project scheduled for commencement
of construction on the most recently adopted capital improvement plan no later than three years
from the date of submittal;
c. Whether a public work is pending which would substantially damage the work otherwise
required to be constructed;
d. Whether the installation of the otherwise required capital facilities would be disruptive to
planned public improvements;
e. Whether the city has made a determination of the reasonableness of the cost estimate of the
work; and
f. Whether the payment would enable a more efficient installation of required capital facilities.
2. The request to pay cash in-lieu of capital facilities and the findings of the review authority
must be considered in any final action to approve, approve with conditions, or deny a
development application.
3. All cash paid in-lieu must be held by the city in a fund dedicated to the work for which the
monies are paid.
4. As a condition of accepting cash in-lieu, the city may require the property owner to execute a
waiver of right to protest creation of a special improvement district, or other legal instrument,
assuring participation, on a fair share, proportionate basis, in future capital facility improvements
in the vicinity of the development proposal.
5. The city manager may adopt procedures by administrative order to implement this section.
6. The cash paid must include all component costs of the work deferred including but not limited
to design, permitting, traffic management, construction, and record drawings. The cash paid must
include a contingency amount to offset the uncertainty of cost estimating and potential escalation
of costs.
7. Issuance of a refund is a material modification of a development per section 38.100.070.
Refunds of cash paid in-lieu are not available if:
a. A final plat which relied upon cash-in-lieu of facilities has been recorded;
b. If building permits for a non-subdivision development have been issued; or
c. If the city has published an invitation to bid on work which relies upon the paid cash for
project funding.
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Sec. 38.270.080. - Types of acceptable securities.
A. Financial securities. A variety of means of providing for the security of improvements
agreements, ensuring adequate maintenance of required improvements and ensuring compliance
with conditions of approval for various developments may be allowed. One or more of the
following instruments may be used to provide a financial security for improvements to be
completed. The method, terms and amount of security must be acceptable to the city. Financial
security is the primary method to provide security for installation of physical improvements.
1. Direct payment of cash to the city;
2. Irrevocable letters of credit satisfactory to the city attorney as to form and manner of
execution;
3. Cash escrows held by the city, or held by an approved escrow agent and subject to an executed
escrow agreement; or
4. Completion bonds satisfactory to the city attorney as to form and manner of execution.
B. Nonfinancial securities. In addition to the possible financial securities listed above, the
following nonfinancial securities may be used to ensure compliance with conditions of approval,
ensure maintenance of required improvements and coordinate timing of development. When
deemed appropriate, the city may use nonfinancial security methods in combination with a
financial security method.
1. Granting of final permits;
2. Sequential approval of multi-phased projects, with subsequent phases prohibited from
receiving approval until prior approved phases have complied with all requirements;
3. Formation of a special improvement or maintenance district. This method must not be
considered completed until after all final actions have occurred and the district is in existence
and the bonds sold;
4. Establishment of a property owners' association with duties to maintain certain improvements
that must be enforceable by the city;
5. Irrevocable offer of dedication of improvements to be dedicated to the public after completion
of the project; and
6. Recording of a special restrictive covenant or deed restriction which may only be released by
written agreement of the city.
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Sec. 38.270.090. - Development or maintenance of common areas and facilities by developer or
property owners' association.
A. General. For the purposes of this section, "common areas and facilities" include:
1. Public and private parkland;
2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent to
parks or open space;
3. Common open space (as defined in section 38.700.040);
4. Neighborhood centers (except for neighborhood commercial and civic uses and their grounds)
as set forth in section 38.410.020;
5. Pathways (as defined in section 38.700.150);
6. Lighting;
7. Stormwater facilities, and
8. Irrigation facilities installed in common areas.
B. Development. If common areas or facilities will be developed by a subdivider or by a property
owners' association, a development plan must be submitted with the preliminary plat application
for review and approval. The development plan must be reviewed and approved by the city prior
to the installation of improvements in common areas or the installation of common facilities. An
approved park master plan satisfies this requirement.
1. Landscaping. When landscaping and/or irrigation systems will be installed in parkland,
boulevard strips or common open space, the development plan must be accompanied by a
landscaping plan that was prepared by a qualified landscaping professional. When landscaping in
common areas is installed by the subdivider, the subdivider must warrant these improvements
against any and all defects for a period of two years from the date of installation of the
landscaping. When landscaping in a park is installed by the subdivider, the subdivider must
comply with the parks design standards and warrant these improvements against any and all
defects for a period of two years from the date of installation of the landscaping.
2. Tree permits. If trees will be planted in dedicated city parkland or boulevard strips, tree
planting permits must be obtained from the forestry department.
C. Maintenance. When common areas or facilities will be maintained by the subdivider or by a
property owners' association, a maintenance plan that complies with section 38.220.320 must be
submitted with the preliminary plat application for review and approval. The maintenance plan
must include a maintenance schedule, and a mechanism to assess and enforce the common
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expenses for the common area or facility. The maintenance plan must be included in the
subdivision covenants. The developer must provide all necessary maintenance until the
improvements are transferred to a property owners' association, or other final custodian, at which
point the property owners' association or other final custodian will be responsible for all
necessary maintenance of common areas or facilities identified in the maintenance plan.
Maintenance must be provided by the property owners' association for stormwater facilities, with
the exception of storm sewer mains, inlets, and manholes located in public streets, until the city
establishes a stormwater maintenance district or other dedicated funding source and affirmatively
accepts responsibility for maintenance. The provisions of sections 38.220.300—38.220.320
apply to this section.
1. Landscaping warranty. The maintenance plan must provide that any required or proposed
landscaping must be maintained in a healthy, growing condition at all times, and that any plant
that dies must be replaced with another living plant that complies with the approved landscape
plan.
2. Irrigation system warranty. The maintenance plan must provide that any required or proposed
irrigation system must be maintained in an appropriate and efficient manner and kept in good
operating condition, and that any components of the irrigation system that break must be fixed
and replaced if necessary with components approved in the irrigation system design plan.
3. Shade tree maintenance. The forestry division must be responsible for the trimming, removal,
or similar maintenance of shade trees in all city rights-of-way and on city-maintained property,
including parks.
D. Maintenance Area. For a multiphase project with common areas and facilities, the
maintenance mechanism must include all phases of the project, and must be created for the entire
project with the first phase. No property must be removed from the maintenance area or
mechanism without prior approval by the city to ensure continued maintenance of common areas
and facilities, and on-going fulfillment of all obligations.
Sec. 38.270.100. - Warranty.
A. Publicly dedicated
All publicly dedicated improvements must be subject to a warranty of duration and scope to meet
the city's design standards and specifications manual and park design standards as applicable.
B. Private improvements
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If an improvements agreement is entered to guarantee installation of private improvements, the
improvements must be subject to a warranty of not less than one year from the date of
installation.
Section 4
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 5
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
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 6
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 7
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Codification.
This Ordinance shall be codified as indicated in Sections 1-3.
Section 8
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___ day of ________, 20__.
____________________________________
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 ___ of
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Page 1 of 18
21040 Staff Report for the Improvements and Guarantees Text Amendment,
Ordinance 2074
Public Hearings: Zoning Commission – April 12, 2021.
Planning Board – April 19, 2021.
City Commission – May 11, 2021.
Project Description: Update the City of Bozeman (City) regulations that ensure installation
of public and private improvements required for public health, safety, and general
welfare through the use of improvements agreements and financial and non-financial
sureties to guarantee installation of improvements. See Appendix A for detailed
description.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets standards for approval.
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 21040 and move to recommend approval
of Ordinance 2074.
Planning Board 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 21040 and move to recommend approval
of Ordinance 2074.
Recommended City 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 21040, and
move to provisionally adopt Ordinance 2074.
Report: April 7, 2021
Staff Contact: Kelley Rischke, Deputy City Attorney
Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
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Unresolved Issues
None.
Project Summary
This proposal would entirely replace the improvements and guarantees regulations of the
Bozeman Municipal Code (BMC) with new standards and procedures. These edits have
three components: requiring timely sidewalk installation for improved accessibility for
everyone; increased ability to concurrently construct infrastructure and development projects;
and general cleanup of the code.
First, in striking section 38.270.030.B.2, sidewalks will be installed within the timeframes
that all other required infrastructure is – within 1 year. The present allowance for delayed
installation of sidewalks results in incomplete sidewalk systems for up to three years. This
change helps directly realize many of Bozeman’s stated goals in its 2020 Community Plan to
complete sidewalk networks to improve health of residents and be more inclusive and
accessible to people of all abilities including people who walk, people who use wheelchairs,
and those who use other non-vehicular means of transportation.
Further, the detailed lot by lot tracking required by the current three year time horizon to
install sidewalks results in missing sidewalk segments, incomplete infrastructure, is
burdensome, and exceeds organizational capacity. This has been an on-going issue for many
years. The Bozeman Public Works Department has received 7 complaints over the past year
regarding missing sidewalk segments. Often the cost of installing sidewalks shifts to the
purchaser of the property because the developer is no longer bound by agreement or security
to finish the sidewalk infrastructure. By requiring sidewalk installation at subdivision,
secured by an improvements agreement and financial and non-financial guarantees, the City
will ensure compliance with the code and save resources used to track installation of
sidewalks after three years and execute on any remaining security and hire a contractor to
complete the infrastructure.
Second, many edits address Bozeman’s changing development environment, recognizing that
new projects may increasingly contain a few large lots that will eventually go through
subsequent subdivision or development and, consequently, review and scrutiny of the City.
These edits provide more flexibility to allow concurrent construction of development projects
and required infrastructure, with an improvements agreement and appropriate financial and
non-financial sureties to ensure compliance with regulations and completion of the
infrastructure.
Finally, other proposed changes clean up the code, improving its functionality for the City
and applicants. These changes include: better organizing the contents of the division;
clarifying how, when, and the terms by which improvements agreements may be used;
clarifying the kinds of securities and the terms by which they may be used; and setting
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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. Additionally, the
term “security” is proposed to be used for consistency throughout the BMC, consistency with
Montana Code Annotated §76-3-507, and considering the definition of the term “security” in
Black’s Law Dictionary.
If the City Commission adopts this ordinance it will take effect 30 days after final adoption.
Strategic Plan
1.3 Public Agencies Collaboration
Foster successful collaboration with other public agencies and build on these successes.
2.2 Infrastructure Investments
Strategically invest in infrastructure as a mechanism to encourage economic
development.
3.1 Public Safety
Support high quality public safety programs, emergency preparedness, facilities, and
leadership.
3.3 Friendly Community
Ensure Bozeman continues to welcome diversity through policies and public awareness.
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.
4.3 Strategic Infrastructure Choices
Prioritize long-term investment and maintenance for existing and new infrastructure.
7.3 Best Practices, Creativity, & Foresight
c) Improve Departmental Collaboration – Identify opportunities to improve
collaboration between City departments and create subgroups on communications,
community interactions, long-range planning, and other matters of common concern.
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.
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Zoning Commission/Planning Board
The Zoning Commission will hold a public hearing on April 12, 2021 at 6:00 p.m. using
WebEx.
The Bozeman Planning Board will hold a public hearing on April 19, 2021 at 6:00 p.m. using
WebEx.
No public comment has been received as of the writing of this report.
Alternatives
1. Recommend denial of the ordinance based on findings of non-compliance with the
applicable criteria contained within the staff report; or
2. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Strategic Plan ...................................................................................................................... 3
Zoning Commission/Planning Board .................................................................................. 4
Alternatives ......................................................................................................................... 4
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 5
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 6
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 6
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations) ............ 12
Section 76-3-501, MCA (Subdivision Purposes)............................................................ 133
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 15
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 16
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 17
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 18
FISCAL EFFECTS ................................................................................................................. 18
ATTACHMENTS ................................................................................................................... 18
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff recommends approval
as proposed.
The Zoning Commission will hold a public hearing on April 12, 2021 and the Planning Board
will hold a public hearing on this amendment on April 19, 2021.
The City Commission will hold a public hearing on the text amendment on May 11, 2021 at 6:00
p.m.
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SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria. As an amendment is a legislative action, the
Commission has broad latitude to determine a policy direction. The burden of proof that the
application should be approved lies with the applicant.
In considering the following criteria, the analysis must show that the amendment accomplishes
zoning criteria A-D. Zoning criteria E-K must be considered and may be found to be affirmative,
neutral, or negative. The Zoning Commission’s favorable decision on the proposed application
must find that the application meets all of criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K. The Planning Board must evaluate the
application against subdivision criteria 1-17. A favorable decision on the proposed application
must find that the positive outcomes of the amendment outweigh negative outcomes for criteria
1-17.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The Bozeman Community Plan 2020 (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 varies depending on whether an
amendment is for the zoning map or for the text of Chapter 38, BMC.
“In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The City must balance
many issues in approving urban development.”
The proposed amendment does not change the zoning map. Therefore, it is unnecessary to
analyze compliance with the future land use map.
The basic planning precepts on page 20 of the BCP 2020 include, “The health and well-being of
the public is an essential focus and influences and is influenced in turn by urban design and land
development.” Also, “The City intends to create a healthy, safe, resilient, and sustainable
community by incorporating a holistic approach to the design, construction, and operation of
buildings, neighborhoods, and the City as a whole.” The proposed amendments provide for
public health, safety, and welfare of the community by providing clear standards and
administrative processes for development of critical infrastructure concurrently with new
residential or commercial development that will meet the needs of our growing city.
Theme 1, A Resilient City, states, “Resilient communities rebound, positively adapt to, and
thrive amidst changing conditions or challenges and maintain quality of life, healthy growth,
durable systems and conservation of resources for present and future generations.” The theme
includes several goals and objectives that apply to the proposed amendments:
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Goal R-1: Continue to strengthen and develop resilience as a community.
R-1.5 Be robust: well-conceived, constructed, and managed systems.
R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to
changing circumstances.
Goal R-2: Pursue community decisions in a manner that supports resilience.
R-2.5 Technical Soundness: Identify solutions that reflect best practices that have been tested
and proven to work in similar local or regional contexts.
R-2.6 Innovation: Advance new approaches and techniques that will encourage continual
improvement and advancement of best practices.
R-2.7 Adaptive Capacity: Include flexible and adaptable measures that consider future
unknowns of changing climate, economic, and social conditions.
R-2.8 Harmonize with Existing Activity: Expand, enhance, or leverage work being done to
build on existing efforts.
R-2.9 Long-Term and Lasting Impact: Create long-term gains to the community with
solutions that are replicable and sustainable, creating benefit for present and future
generations.
Providing greater flexibility in allowing concurrent construction of infrastructure and
development will potentially save time and money after a project has been approved,
bringing needed housing and innovative commercial developments to market faster.
Concurrent construction is currently permissible under the BMC only when a developer uses
a PUD. However, with a recent trend toward developing a few bigger lots that will
eventually go through further development process, the City can be more responsive to the
needs of developers by expanding the use of concurrent construction. Because the City will
have opportunities later to ensure compliance with regulations and timely installation of
infrastructure, bringing to bear non-financial security mechanisms in addition to financial
securities, the City ensures well-conceived and constructed projects. As individual homes
and similar low intensity development do not go through the same follow-up review
processes it is appropriate to limit ability for concurrent construction to more complex
projects.
Under Theme 2, A City of Unique Neighborhoods, Goal N-1 states, “support well-planned,
walkable neighborhoods.” Two specific goals apply to the proposed edits that would eliminate
delayed installation of sidewalks.
N-1.8 Install, replace, and maintain missing or damaged sidewalks, trails, and shared use
paths.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
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Requiring sidewalks to be built commensurate with construction of other improvements and
development projects not only brings Bozeman into compliance with federal law, it also
supports connectivity and multi-modal transportation options for all of Bozeman’s citizens.
Theme 3, A City Bolstered by Downtown and Complementary Districts, notes “Concentrated
development makes sense for our pocketbooks and overall health. When it comes to promoting a
walkable, bikeable, safe, affordable, and energy-efficient community, density and design
matter.” Several important goals are squarely addressed by the proposed amendments.
Goal DCD-1: Support urban development within the City
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades to support infill
development, reduce costs, and minimize disruption to the public.
Goal DCD-2: Encourage growth throughout the City, while enhancing the pattern of
community development oriented on centers of employment and activity. Support an
increase in development intensity within developed areas.
DCD-2.1 Coordinate infrastructure development, land use development, and other City
actions and priorities through community planning.
Goal DCD-3: Ensure multimodal connectivity within the City.
DCD-3.1 Expand multimodal accessibility between districts and throughout the City as a
means of promoting personal and environmental health, as well as reducing automobile
dependency.
Goal DCD-4: Implement a regulatory environment that supports the Community Plan goals.
DCD-4.2 Continuously invite and give due consideration to the input of design and
development professionals in the improvement of the city’s project evaluation processes and
development code.
Developers with increasingly complex projects have requested the ability to concurrently
construct required infrastructure and their development projects without the requirement to use
the PUD process. The City can coordinate infrastructure development for these complex projects
to speed the delivery of development to residents and decrease costs for developers, while
maintaining a process of checks and balances to ensure completion of quality infrastructure.
Requiring construction of sidewalks concurrent with construction of development ensures
multimodal accessibility for all.
Under Theme 4, A City Influenced by Our Natural Environment, Parks, and Open Lands, EPO-
3.2 states, “Ensure complete streets and identify long-term resources for the maintenance of
year-round bike and multi-use paths to improve utilization and reduce annual per capita vehicle
miles traveled.” The proposed changes would help to meet this objective by ensuring prompt
installation of sidewalk infrastructure.
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Theme 5, A City That Prioritizes Accessibility and Mobility Choices, states, “Active
transportation increases daily physical activity, improving health and lowering healthcare costs.
Motor vehicle accidents are one of the leading causes of preventable deaths in our country.
Designing streets to prioritize safety (rather than speed) significantly reduces fatal injuries for all
users and promotes active transportation. . . . Appropriately designed trails, sidewalks, crossings,
bike lanes, and transit networks help us move around our neighborhoods and promote safe,
efficient passage to our destinations.” This theme is supported by the proposed amendments,
specifically by providing a thorough sidewalk network for multimodal transportation and a safe
space for travelers who chose not to use a motor vehicle. The following goals are supported:
Goal M-1: Ensure multimodal accessibility.
M-1.2 Make transportation investment decisions that recognize active transportation
modes and transit as a priority.
M-1.4 Develop safe, connected, and complementary transportation networks for
pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).
M-1.11 Prioritize and construct key sidewalk connections and enhancements.
No conflicts with the Bozeman Community Plan 2020 text have been identified.
The City has identified housing costs as a community issue and adopted a Community
Housing Action Plan with many implementing actions. The proposed amendment does not
directly advance the identified implementing actions. However, encouraging efficient
construction of both infrastructure and developments that include residential uses can lead to
decreased costs of construction, which may be passed on to home buyers. Additionally,
reducing the time to build residences will bring more housing options to the market faster to
address Bozeman’s housing shortage. Therefore, the proposed amendment advances the
purpose and intent of the Community Housing Action Plan.
The criterion is met.
B. Secure safety from fire and other dangers.
Yes. The proposed regulations do not change long standing provisions in the BMC that
specifically require developers who wish to engage in concurrent construction to maintain
fire hazard insurance and commercial general liability insurance, naming the City as an
additional insured. Incomplete sidewalks can be a hazard for trips and falls for all sidewalk
users. Ensuring completion of the sidewalk network lessens this hazard. The proposed
regulations do not alter safety standards such as building codes which work in concert with
zoning to protect safety.
The criterion is met.
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C. Promote public health, public safety, and general welfare.
Yes. The proposed regulations provide standards and procedures that regulate the timing of
development of necessary infrastructure, such as sanitary sewer, water, stormwater, streets
and sidewalks in conjunction with development of commercial and residential projects. The
regulations seek to control the incremental delivery of infrastructure improvements
commensurate with incremental development to encourage adequate improvements for
health, safety and general welfare.
Additionally, sidewalks are an important element of the transportation system. The proposed
regulations are required to support public safety by ensuring a safe off-street space for non-
vehicular forms of transportation. Incomplete sidewalks do not allow the pedestrian element
of the transportation system to function as intended. Walking and other means of
transportation support public health by decreasing dependence vehicles that cause air
pollution from exhaust and encouraging an active lifestyle that has a myriad of personal
health benefits. Installation of sidewalks at subdivision also promotes the general welfare by
providing infrastructure that is inclusive to all citizens. As discussed under Criterion A, the
proposed amendments advance many established community priorities, which supports the
general welfare.
The criterion is met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. The proposed regulations change the timing of the installation of improvements
including streets, water, sewer, stormwater, and parks, but it does not alter existing standards
for these infrastructure requirements. The regulations facilitate and allow more flexibility for
the proposed development to install infrastructure at the same time as the development is
being built, while providing safeguards to the City to ensure the timing and quality of
infrastructure improvements will adequately meet the needs of the development and the City.
The criterion is met.
E. Reasonable provision of adequate light and air.
Neutral. The regulations do not directly impact whether a proposed development has
adequate provisions for light and air, but the amendments do recognize multiple points at
which the City can review the proposed development make provision for adequate light and
air. The amendment does not alter existing standards for setbacks, dedication of parkland, or
onsite open space which provide for light and air. The amendments do affect the installation
process for parks but not the ultimate designs or functionality after construction.
F. The effect on motorized and non-motorized transportation systems.
Yes. The proposed regulations will provide tighter controls to ensure needed transportation
infrastructure is installed to City standards. If a development qualifies for concurrent
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construction, transportation infrastructure will be provided with the build out of the
development. Therefore, as buildings are finished and ready for use, the public streets and
sidewalks necessary to serve the development are also finished, or guaranteed to be finished
within a specific timeframe and funding to complete the infrastructure is secured.
The proposed regulations also greatly improve non-motorized transportation systems by
requiring completion of all sidewalk segments in a development, or phase of development,
which is vital to support pedestrian and wheelchair transportation.
The criterion is met.
G. Promotion of compatible urban growth.
Yes. The proposed amendments provide for land uses and permitting processes that ensure
concurrent development is compatible with the City’s policies and natural conditions. The
regulations do not disrupt existing standards for development that support managed,
thoughtful urban growth. Providing flexibility to allow concurrent construction of
infrastructure and buildings will bring much needed housing projects and commercial
development to the market faster, without sacrificing the required pubic infrastructure or its
quality. This facilitates compatibility as the community grows. The criterion is met.
H. Character of the district.
Neutral. The draft regulations do not modify the standards or infrastructure requirements of
any zoning district. The draft regulations do not modify the zoning map. Therefore, no analysis
of the individual districts or geographical layout of the individual districts is needed.
The need and requirements for streets, stormwater facilities, lighting, sidewalks, water and
sewer are present throughout the community and in all zoning districts. Regulations regarding
deferred installation of improvements through improvements agreements and the security
required to ensure compliance with the agreements are equally applicable in all zoning
districts. The character of any zoning district will not be degraded because the standards for
infrastructure improvement are not affected by the proposed regulations.
I. Peculiar suitability for particular uses.
Yes. While the section sets forth general requirements and terms for the use of improvements
agreements and security for them, the proposed revisions reserve concurrent construction to
certain circumstances where appropriate due to the complexity of the project and where there
are adequate controls exist to ensure completion of the infrastructure, such as further review
of the development and financial guarantees. The criterion is met.
J. Conserving the value of buildings.
Yes. Subject to limitations and requirements, the proposed regulations conserve or enhance
the value of buildings by reducing the time of development through concurrent construction
of infrastructure and buildings. Less time spent in constructing a development may reduce
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the amount of interest developers pay on loans and bring projects to the market faster, which
may free up capital to fund other projects. The criterion is met.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Yes. The City has long prioritized higher density and multifunctional projects that meet the
needs of a growing city. The ability to reduce construction time through concurrent
construction of infrastructure and buildings suitable for more complex projects will likely
benefit those projects that propose higher density and diversity of uses. The criterion is met.
Section 76-1-606, MCA (Effect of Growth Policy on Subdivision Regulations)
1. Subdivision regulations adopted after a growth policy has been adopted must be
made in accordance with the growth policy.
Yes. The proposed amendments are made in accordance with the adopted growth policy - the
Bozeman Community Plan 2020. No conflicts with the goals and objectives of the Bozeman
Community Plan have been identified. An analysis of consistency with several policy
statements of the Community Plan and other adopted plan documents are found under Zoning
Criterion A, above. The criterion is met.
Section 76-3-102, MCA (Subdivision Purposes)
2. Promote the public health, safety, and general welfare by regulating the
subdivision of land.
Yes. The proposed regulations promote the public health, safety, and general welfare by
requiring prompt installation of sidewalks, which supports public health by providing
infrastructure to walk, bike or use other active forms of transportation. Sidewalks also
provide a safe space off of the street for multimodal transportation. The general welfare is
also promoted by providing infrastructure that is accessible to all citizens.
Further, the proposed edits regulate the timing of development of infrastructure necessary for
public health and safety, such as sanitary sewer, water, stormwater, streets and sidewalks in
conjunction with development of commercial and residential projects. See also Zoning
Criteria B and C. The criterion is met.
3. Prevent the overcrowding of land.
Neutral. Overcrowding is the condition arising from more intensity of use than the property
and infrastructure is capable of supporting. The proposed regulations make concurrent
construction more accessible to complex developments, which might generally apply to more
intense proposed uses. However, the proposed regulations do not address the underlying
analysis of whether a proposed land use is the appropriate intensity of use. The City’s
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standards regarding appropriate intensity of use are not changed. The necessary
infrastructure to support development must still be provided in a timely manner.
4. Lessen congestion in the streets and highways.
Yes. The proposed amendments may lessen congestion in streets by shortening the time
period in which construction of infrastructure and buildings occurs that often require street or
sidewalk closures to accommodate construction. The criterion is met.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements.
Yes. The regulations set forth a process by which a development ensures required water
supply, sanitary sewer, streets, stormwater, parks, and lighting are timely installed and
security is provided in case the developer fails to install required infrastructure.
The regulations have no impact on providing adequate light and air. See also Zoning Criteria
D and E. The criterion is met.
6. Require development in harmony with the natural environment.
Neutral. The proposed amendments do not specifically address this issue.
7. Protect the rights of property owners.
Yes. Article 2, Section 3 of the Montana Constitution recognizes that land owners have both
property rights and associated responsibilities. The proposed amendments protect the rights
of property owners by providing a uniform process and standards for installation of
infrastructure improvements. The regulations also propose allowing concurrent construction
in more instances than it was previously permissible. The regulations also require land
owners to be responsible for additional risks that may be present due to concurrent
construction by requiring the maintenance of appropriate insurance. The criterion is met.
8. Require uniform monumentation of land subdivisions and transferring interests
in real property by reference to a plat or certificate of survey.
Neutral. The proposed amendments do not address this issue.
Section 76-3-501, MCA (Subdivision Purposes)
This section requires local governments to adopt regulations that reasonably provide for:
9. Orderly development within the jurisdictional area.
Yes. The proposed amendments promote orderly development within the jurisdictional area
by providing a process and timeframes to complete necessary infrastructure. When
concurrent construction is appropriate, the requirements and safeguards in section
38.270.060.D ensure that infrastructure is installed along with phases of the development so
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that buildings are supported by the streets, sewer, water, stormwater, lights and parks in an
orderly fashion. The criterion is met.
10. Coordination of roads within subdivided land with other roads, both existing
and planned.
Yes. The proposed amendments address coordination of roads within subdivided land with
other roads. In addition to financially guaranteeing street construction, non-financial
controls, such as withholding a building permit or certificate of occupancy when the
necessary infrastructure is not complete allow the City to coordinate the development of road
servicing the development with the overall street grid of the City, both existing and planned.
See also Zoning Criterion F. The criterion is met.
11. Dedication of land for roadways and for public utility easements.
Yes. In connection with the actual construction of infrastructure, the dedication of land and
required utility easements are also obtained through the process proposed in the amendments.
Both financial and non-financial securities serve to guarantee the transfer of rights of way
and easements before the development can be used. The criterion is met.
12. Improvement of roads.
Yes. As discussed above, the proposed amendments reasonably provide a process for the
timing of construction of streets and require adequate security to ensure performance by the
developer or the City if the developer defaults on obligations in the improvements agreement.
See also Zoning Criterion F. The criterion is met.
13. Provision of adequate open spaces for travel, light, air and recreation.
Neutral. The regulations have no impact on providing adequate light and air. The proposed
amendments will not alter the existing subdivision and zoning regulations which require the
provision of adequate open spaces; although the regulations do provide for the timing of and
surety for the installation of parks and open spaces.
14. Adequate transportation, water and drainage.
Yes. The proposed amendments reasonably provide for the completion of city streets, water,
sewer and storm drainage. City standards for the infrastructure is unchanged by the proposed
amendments. Rather, the developer must demonstrate compliance with City standards for all
infrastructure through an improvements agreement and adequate security. See also Zoning
Criteria D and F. The criterion is met.
15. Regulation of sanitary facilities, subject to section 76-3-511, MCA.
Yes. The proposed amendments ensure adequate sanitary facilities to serve the development
are installed in accordance with City standards. The proposed regulation sets forth the
process, timing, and security required for installation of infrastructure. See also Zoning
Criterion D. The criterion is met.
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16. Avoidance or minimization of congestion.
Yes. Although not a specific purpose of the proposed amendments, they may lessen
congestion in streets by shortening the time period in which construction of infrastructure
and buildings occurs that often require street or sidewalk closures to accommodate
construction. The criterion is met.
17. Avoidance of subdivision which would involve unnecessary environmental
degradation and the avoidance of danger or injury to health, safety, or welfare by
reason of natural hazard or the lack of water, drainage, access, transportation, or other
public services or would necessitate an excessive expenditure of public funds for the
supply of such services.
Yes. The proposed regulation ensures that adequate water, drainage, street system,
sidewalks, and other necessary infrastructure will be installed to City standards by requiring a
contract (improvements agreement to perform the work) and guarantees, both financial and
non-financial, to ensure the improvements are installed.
The regulations will also help to avoid danger or injury to health, safety, and welfare by
requiring sidewalk installation at the time of development, or as soon as weather permits,
which: promotes health through active transportation; provides a safe space for pedestrian
and multimodal transportation; and allows citizens of all abilities to safely use the City’s
infrastructure. See also Zoning Criteria A, C, D, and F. The criterion is met.
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
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withdraw a previously filed protest at any time prior to final action by the City Commission.
Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box
1230, Bozeman, MT 59771-1230.
No protests have been received as of the writing of this report.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Assuring the installation of infrastructure to support the safe and sanitary operation of
development is one of the most important functions of land development regulations; both those
mandated by the State and those locally established. When infrastructure is completed and ready
for use directly affects the ability for people to occupy and use buildings. For example, water and
sewer mains and connections must be complete to provide fire protection and enable use of
toilets. Coordination of infrastructure and building construction is complex and involves many
different parties, interests, and regulations.
The City has long provided alternatives for a developer to address these complex issues. As the
community continues to mature, it is appropriate to consider whether the existing processes still
meet community needs. The Staff has completed that evaluation and concludes some changes are
warranted. The scope of development has changed since 2004 when the regulations were last
materially updated. Today, it is more common to see large tracts being subdivided off and
prepared for subsequent site plan review. In 2004, it was more common to see individual lots
which only required a building permit.
Site plans allow a mechanism for the City to address coordination of installation of infrastructure
and onsite construction. Therefore, it is appropriate to enable a greater degree of flexibility at the
subdivision stage when site plans will be required for future development. It remains essential
that infrastructure be completed prior to use and occupancy of a site by the end user. An example
of this need is shown by the complaints the City receives regarding incomplete sidewalks.
Specific edits with these amendments are:
Replace all of Bozeman Municipal Code (BMC) Division 38.270 – Improvements
and Guarantees – with new standards and procedures that provide more flexibility to
concurrently construct development projects and their required infrastructure while
still providing adequate security to the City that the improvements will be completed
in compliance with applicable laws and regulations;
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Remove the requirement that a project must be a planned unit development in order
to qualify for concurrent construction and set forth when and under what terms a
development can proceed with concurrent construction;
Use the term “security” consistently in the code;
Ensure that improvements, as built, comply with the City’s design standards,
specifications, applicable laws and regulations by requiring an appropriate
professional to certify their compliance;
Removing the use of special improvements districts to guarantee street improvements
in section 38.270.030.B.1.b.(3);
Repeal the provision in section 38.270.030.B.2 allowing developments to delay the
installation of sidewalks for up to three years;
Include stormwater collection, treatment, and detention or retention systems as
required infrastructure that must be installed prior to issuance of a building permit;
Provide deadlines for completion of improvements;
Provide the method to determine the amount of a financial security and the
expiration of financial sureties;
Include a provision that the city may require a document be filed with the clerk and
recorder that clearly states a certificate of occupancy will not be issued until all
infrastructure is installed and accepted by the city, except in certain circumstances,
with conditions, and with adequate security is provided;
Require a property owners’ association to maintain stormwater facilities until the city
establishes a funding source and affirmatively accepts responsibility for
maintenance; and
Remove the requirement for property owners’ association to maintain parks because
the city has established a funding source and accepted responsibility for the
maintenance of parks.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 days before the Zoning Commission and Planning Board
public hearing, and not more than 45 days prior to the City Commission public hearing. The
City exceeded the required notice provision. Hearing dates are on the first page of this report.
No written public comment has been received as of the writing of this report.
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APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Kelley Rischke, Assistant City Attorney
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2074
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