HomeMy WebLinkAbout07-12-21 Zoning Commission Agenda & Packet MaterialsA.Call meeting to order
B.Disclosures
C.Approval of Minutes
C.1 Approval of Minutes from 06-28-21(Scott)
D.Public Comment
Please state your name and address in an audible tone of voice for the record. This is the time for
individuals to comment on matters falling within the purview of the Committee. There will also be
an opportunity in conjunction with each action item for comments pertaining to that item. Please
THE ZONING COMMISSION OF BOZEMAN, MONTANA
ZC AGENDA
Monday, July 12, 2021
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limit your comments to three minutes.
E.Action Items
E.1 Stockyard Properties Zone Map Amendment, Application 21102 amending zoning from R-4
and B-1 to REMU and B2-M on approximately 12.2 acres on the west side of the
intersection of Story Mill Road and Griffin Drive.(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
FROM:Taylor Chambers - Community Development Technician II
SUBJECT:Approval of Minutes from 06-28-21
MEETING DATE:July 12, 2021
AGENDA ITEM TYPE:Minutes
RECOMMENDATION:I move to approve the meeting minutes from June 28th, 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:
06-28-21 Zoning Commission Meeting Minutes DRAFT.pdf
Report compiled on: July 2, 2021
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Bozeman City Commission Meeting Minutes, 06-28-21
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THE ZONING COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, June 28th, 2021
00:00:36 WebEx Meeting Information
Present: Nicole Olmstead, Mark Genito, George Thompson, Kirsa Shelkey, Christopher Scott
Absent: None
A) Call meeting to order
B) 00:02:24 Disclosures
Chairman Scott recused himself from action item F.2
Board member Olmstead disclosed that she lives in the Legends Subdivision in Phase I and that her HOA
is separate from that of the one that is in the action item.
Board member Shelkey disclosed that she used to rent from Matt and Morgan, but no longer does.
C) 00:04:20 Approval of Minutes
C.1 Minutes Approval for 05-24-21
05-24-21 Zoning Commission Minutes DRAFT.docx
00:04:32 Motion C) Approval of Minutes
Nicole Olmstead: Motion
Mark Genito: 2nd
00:04:50 Vote on the Motion to approve C) Approval of Minutes. The Motion carried 5 - 0
Approve:
Nicole Olmstead
Mark Genito
George Thompson
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Bozeman City Commission Meeting Minutes, 06-28-21
Page 2 of 6
Kirsa Shelkey
Christopher Scott
Disapprove:
None
D) 00:05:28 Public Comment
Sarah Cotterman mentioned that she believed that Board Member Olmstead had a conflict of interest
with action item F.1
Staff liaison Rogers commented that Board Member Olmstead had performed work as a compliance
officer in the county and that there is a possibility that could be the reason for the commenter to believe
there is a conflict of interest, but it is up to the discretion of the board.
Board Member Olmstead commented that the piece of property was not part of her work as a code
compliance officer.
Sarah Cotterman reiterated that she felt that there was a conflict of interest.
Chairman Scott commented that it is up to Board Member Olmstead whether she would like to recuse
herself or not.
Board Member Olmstead reiterated that she lives in a completely different phase and feels that she can
be impartial in her decision making during the action item, however to air on the side of caution, she
would recuse herself.
E) Special Presentation
F) Action Items
F.1 00:15:13 Mathew and Morgan Hausauer submitted application to amend the City
Zoning Map on approximately 2.002 acres for the establishment of a zoning designation
of R-2 in conjunction with an annexation request for a property addressed at 1919
Bridger Drive, Application 21123.
ZMA Map_04-22-2021.pdf
RC Narrative_04-22-2021.pdf
A1_DevelopmentReviewApplication_03-10-2021.pdf
N1_Adjoiners List_03-10-21.pdf
Annexation Map_03-10-2021.pdf
21123 1919 Bridger Drive ZMA ZC SR.docx
00:15:54 Staff Presentation
City Planner Tom Rogers presented to the board the Zone Map amendment for 1919 Bridger Drive and
recommended that the application meets the criteria of evaluation for zoning.
00:29:52 Board Questions
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Bozeman City Commission Meeting Minutes, 06-28-21
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Board members directed questions to Planner Rogers.
00:42:42 Applicant Presentation
Applicant Matt Hausauer provided additional comments and clarifications to the board.
00:45:00 Board Questions
Board members directed questions to the applicant.
00:49:54 Public Comment Opportunity
Sarah Cotterman (1901 Bridger Dr.) commented in favor of the annexation
Paul Dinkins (2122 Boylan Rd) commented in favor of the annexation.
00:55:43 Applicant Response
Applicant Hausauer responded to public comments.
00:56:54 Board Discussion
01:04:55 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 21123 and move to recommend approval of the 1919 Bridger Drive Zone Map Amendment,
with contingencies required to complete the application processing.
Mark Genito: Motion
George Thompson: 2nd
Board member Genito spoke to his motion.
Board member Thompson spoke to his second.
Board member Shelkey spoke in favor of the application.
Chairman Scott adopted the findings in the staff report and spoke in favor of the application.
01:10:23 Vote on the Motion to approve 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 21123 and move to recommend approval of the 1919 Bridger Drive Zone Map
Amendment, with contingencies required to complete the application processing.The Motion carried 4 -0
Approve:
Mark Genito
George Thompson
Kirsa Shelkey
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Bozeman City Commission Meeting Minutes, 06-28-21
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Christopher Scott
Disapprove:
None
F.2 01:10:54 Sunrise Home, LLC submitted application to amend the City Zoning Map
on approximately 40 acres for the establishment of a zoning designation of multiple
zones including R-1, R-2, R-3, and PLI conjunction with an annexation request for a
property addressed at 3849 Staffanson Road, Application 20365.
1_A1_Development_Review_Application_100920.pdf
7_Zoning_Narrative_100520.pdf
5_Certified_List_of_Adjoiners_100920.pdf
ZMA 050721.pdf
Schematic Design.pdf
Exhibit B_Sewer_Extensions_102720.pdf
Exhibit C_Roadway_Extensions_102720.pdf
Exhibit A_Water_Extensions_102720.pdf
Annexation Map 050721.pdf
20365 Lazarewicz ZMA ZC SR.docx
01:11:47 Staff Presentation
City Planner Tom Rogers presented the Lazarewicz Zone Map Amendment to the board and
recommended that the application meets criteria of evaluation except for the effect on transportation,
which staff did not support.
01:27:54 Board Questions
Board members directed questions to staff.
01:54:42 Applicant Presentation
Mike Stewart provided a presentation on behalf of the applicant.
02:15:04 Board Questions
Board members directed questions to the applicant.
02:40:08 Public Comment Opportunity
Julie Geyer (5803 Staffinson Rd) commented in opposition of the zone map amendment.
Megan and Bryan Walthall (320 Armor Way) commented in opposition of the application.
Jen and Scott Baumgardner (115 Briggs Rd) commented in opposition of the application.
Jim Robbins (4891 Loyal Dr) commented in opposition of the application.
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Bozeman City Commission Meeting Minutes, 06-28-21
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Dan Zito (5649 Staffinson) spoke in opposition of the application.
Kaylee Zito (5649 Satffinson) commented in opposition of the application.
Clint Nagel (1385 Golden Gate Ave) commented in opposition of the application.
03:11:04 Applicant Response
Applicant Mike Stewart responded to the public comments.
03:14:50 Board Discussion
Board members deliberated on the proposed zone map amendment.
03:30:56 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 20365 and move to recommend approval of the Lazarewicz Zone Map Amendment, with
contingencies required to complete the application processing.
George Thompson: Motion
Mark Genito: 2nd
Board member Thompson spoke to his motion.
Board member Genito spoke to his second and commented that he will not be in favor of the motion.
Board member Shelkey commented that she will not be voting in favor of the motion.
Acting Chairwoman Olmstead commented that she will not be voting in favor of the motion.
03:41:01 Vote on the Motion to approve 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 20365 and move to recommend approval of the Lazarewicz Zone Map
Amendment, with contingencies required to complete the application processing. The Motion failed 1 - 3
Approve:
George Thompson
Disapprove:
Nicole Olmstead
Mark Genito
Kirsa Shelkey
G) 03:41:27 FYI/Discussion
H) 03:46:17 Adjournment
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Bozeman City Commission Meeting Minutes, 06-28-21
Page 6 of 6
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
Martin Matsen, Community Development Director
SUBJECT:Stockyard Properties Zone Map Amendment, Application 21102 amending
zoning from R-4 and B-1 to REMU and B2-M on approximately 12.2 acres on
the west side of the intersection of Story Mill Road and Griffin Drive.
MEETING DATE:July 12, 2021
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Zoning Commission 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 21102 and move to recommend approval of the Stockyard
Properties Zone Map Amendment, with contingencies required to complete
the application processing.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:See attached staff report
UNRESOLVED ISSUES:None
ALTERNATIVES:After making alternate findings to the review criteria recommend denial of
the amendment.
FISCAL EFFECTS:None
Attachments:
21102 Stockyard Properties ZMA Staff Report ZC.pdf
21102_Application_Materials.pdf
Report compiled on: July 6, 2021
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Page 1 of 30
21102 Staff Report for the Stockyard Properties Zone Map Amendment
Public Hearing: Zoning Commission meeting is on July 12, 2021
City Commission meeting is on August 3, 2021
Project Description: Amendment of the City Zoning Map to rezone 3.11 acres from B-1
(Neighborhood Business District) and R-4 (Residential High Density District) to
REMU (Residential Emphasis Mixed-Use District), and to rezone 12.17 acres from
B-1 and R-4 to B-2M (Community Business District – Mixed) including adjacent
roadway and utility easements.
Project Location: North and south of East Griffin Drive and west of Story Mill Road.
Legal Descriptions: A tract of land encompassing portions of Tract 1 of COS 1147A,
all of Tract K, and portions of Tract 23A of COS 2547, located in the SE ¼ of
Section 31, Township 1 South, Range 6 East, and a portion of Tract 23A of COS
2547, located in the NE ¼ of Section 6, Township 2 South, Range 6 East, and a tract
of land encompassing a portion of Tract 1 and all of Tract 2 of COS 1147A, located
within the SE ¼ of Section 31, Township 1 South, Range 6 East, and all of Tract 3 of
COS 1147A and a portion of the remainder Tract 4 of COS 1147B, located within the
NE ¼ of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman,
Gallatin County, Montana.
Recommendation: Meets standards for approval with terms and contingencies.
Recommended Zoning Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21102 and
move to recommend approval of the Stockyard Properties Zone Map Amendment,
with contingencies required to complete the application processing.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the Zoning
Commission, and all information presented, I hereby adopt the findings presented in
the staff report for application 21-102 and move to approve the Stockyard Properties
Zone Map Amendment, with contingencies required to complete the application
processing.
Report: July 7, 2021
Staff Contacts: Chris Saunders, Community Development Manager
Lance Lehigh – Engineer III
Agenda Item Type: Action - Legislative
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 2 of 30
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None identified at this time.
Project Summary
Ryan Krueger of Intrinsik Architecture, representing applicants Christine and Kevin Huyser
of Wake Up Inc., seeks to amend the zoning map designation on property owned by Wake
Up Inc. The zone map amendment would change the zoning of 1.23 acres of B-1
(Neighborhood Business District) and 1.88 of R-4 (Residential High Density District) to
REMU (Residential Emphasis Mixed-Use District) and 1.65 acres of B-1 and 10.52 acres of
R-4 to B-2M (Community Business District – Mixed), for a total zone map amendment area
of 15.28 acres. The zone changes include the public road rights-of-ways/easements for Story
Mill Road and East Griffin Drive.
The subject property is located along the west side of side of Story Mill Road at its
intersection with East Griffin Drive, and includes portions of East Griffin Drive and land on
the north and south sides of East Griffin Drive.
Alternatives
1. Approve the application and associated resolution and ordinance;
2. Approve the application with modifications to the recommended zoning;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff
or the applicant to supply additional information or to address specific items.
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 3 of 30
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Unresolved Issues ............................................................................................................... 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 4
SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT... 10
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ...................................... 10
Zone Map Amendment ..................................................................................................... 10
SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........... 11
Spot Zoning Criteria ......................................................................................................... 21
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 23
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 23
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 24
APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 25
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 30
FISCAL EFFECTS ................................................................................................................. 30
ATTACHMENTS ................................................................................................................... 30
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 4 of 30
SECTION 1 - MAP SERIES
Map 1: Project Vicinity Map with ½ mile radius circle on airial photo
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 5 of 30
Map 2: Project Vicinity Map – with designations from
Bozeman Community Plan 2020 Future Land Use Map
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 6 of 30
Map 3: Project Vicinity Map with Existing Zoning designations
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Map 4: Project Vicinity Map with Proposed Zoning designations
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 8 of 30
Map 5: Survey map for the proposed Zone Map Amendment showing existing parcels
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 9 of 30
Map 6: Existing Conditions Plan map of the ‘Stockyard Site’,
showing existing buildings and other features at the site
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 10 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. These contingencies only apply in the event that the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “Stockyard Properties Zone Map Amendment.” All
required documents must be returned to the City within 60 days of the City Commission
action to annex the property or the preliminary approval shall be null and void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map Amendment
application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “Stockyard Properties
Zone Map Amendment”. The map must be supplied as a PDF. This map must be
acceptable to the City Engineer’s Office, and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property including adjacent right-of-ways
or street easements, and total acreage of the property to be rezoned; unless the property to
be rezoned can be entirely described by reference to existing platted properties or
certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable metes and bounds legal description prepared by a licensed Montana
surveyor.
SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff recommends
approval as submitted.
The Development Review Committee (DRC) considered the amendment. The DRC did not
identify any infrastructure or regulatory constraints that would impede the approval of the
application.
The Zoning Commission will hold a public hearing on this ZMA on July 12, 2021 and will
forward a recommendation to the Commission on the Zone Map amendment.
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 11 of 30
The City Commission will hold a public hearing on the zone map amendment on August 3,
2021. The meeting will be held using WebEx, an electronic meeting system. The instructions
for connecting to WebEx will be included on the agenda available at the City’s website,
www.bozeman.net. The meeting will begin at 6 p.m.
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 plans and
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. References in the text of this report to Articles, Divisions, or in the form
XX.XXX.XXX are to the Bozeman Municipal Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The application was initially submitted on March 9, 2021. On November 17,
2020, the City Commission adopted a new growth policy, the Bozeman Community Plan
2020, (BCP 2020) which replaced the prior growth policy. The following review examines
the growth policy now in place and all references are to that document.
The BCP 2020, Chapter 5, p. 73-78, in the section titled Review Criteria For Zoning
Amendments And Their Application, discusses how the state required zoning criteria in 76-
2-304 MCA are applied locally. These criteria are presented and analyzed in this section of
the report. Application of the criteria varies depending on whether an amendment is for the
zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is
to be accordance with a growth policy.
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 12 of 30
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 Chapter 3 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.”
As shown on the maps in Section 1, on the excerpt of the current future land use map, the
property is designated as Residential Mixed Use in the northwestern portions of the property
north of East Griffin Drive and Community Commercial Mixed Use south of East Griffin
Drive and the eastern portions of the property north of East Griffin Drive. It is also
noteworthy that the property is adjacent on multiple sides to the Story Mill Community Park
and the future land use map’s “Parks and Open Lands” designation.
The Residential Mixed Use designation description, applicable for the northwestern portion
of the site proposed for REMU zoning, reads:
“This category promotes neighborhoods substantially dominated by housing, yet
integrated with small-scale commercial and civic uses. The housing can include single-
attached and small single-detached dwellings, apartments, and live-work units. if
buildings include ground floor commercial uses, residences should be located on upper
floor. Variation in building mass, height, and other design characteristics should
contribute to a complete and interesting streetscape.
Secondary supporting uses, such as retail, office, and civic uses, are permitted on the
ground floor. All uses should complement existing and planned residential uses. Non-
residential uses are expected to be pedestrian oriented and emphasize the human scale
with modulation in larger structures. Stand alone, large, non-residential uses are
discouraged. Non-residential spaces should provide an interesting pedestrian experience
with quality urban design for buildings, sites, and open spaces.
This category is appropriate near commercial centers. Larger areas should be well served
by multimodal transportation routes. Multi-unit, higher density, urban development is
expected. Any development within this category should have a well-integrated
transportation and open space network that encourages pedestrian activity and provides
ready-access within and adjacent development.”
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 13 of 30
The Community Commercial Mixed Use designation description, applicable south of East
Griffin Drive and the eastern portions of the property north of East Griffin Drive, proposed
for B-2M zoning, reads:
“The Community Commercial Mixed Use category promotes commercial areas necessary
for economic health and vibrancy. This includes professional and personal services,
retail, education, health services, offices, public administration, and tourism
establishments. Density is expected to be higher than it is currently in most commercial
areas in Bozeman and should include multi-story buildings. Residences on upper floors,
in appropriate circumstances, are encouraged. The urban character expected in this
designation includes urban streetscapes, plazas, outdoor seating, public art, and
hardscaped open space and park amenities. High density residential areas are expected in
close proximity.
Developments in this land use area should be located on one or two quadrants of
intersections of the arterial and/or collector streets and integrated with transit and non-
automotive routes. Due to past development patterns, there are also areas along major
streets where this category is organized as a corridor rather than a center. Although a
broad range of uses may be appropriate in both types of locations, the size and scale is to
be smaller within the local service areas. Building and site designs made to support easy
reuse of the building and site over time is important. Mixed use areas should be
developed in an integrated, pedestrian friendly manner and should not be overly
dominated by any single use. Higher intensity uses are encouraged in the core of the area
or adjacent to significant streets and intersections. Building height or other methods of
transition may be required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area of
approximately one half-mile to one mile radius as well as passersby. These smaller
centers support and help give identity to neighborhoods by providing a visible and
distinct focal point as well as employment and services. Densities of nearby homes
needed to support this scale are an average of 14 to 22 dwellings per net acre.”
The entire future land use map is available through the Community Development Viewer on
the City’s website.
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
excerpts from Table 4, the proposed REMU district is an implementing district of the
Residential Mixed Use category, and the proposed B-2M district is an implementing district
of the Community Commercial Mixed Use category. The full table is provided in Appendix
C.
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 14 of 30
Based on the proposed zoning districts’ proper correlations with the future land use map
categories as implementing districts, the zone map amendment is in accordance with the
future land use map.
The description for Community Commercial Mixed Use says “Developments in this land use
area should be located on one or two quadrants of intersections of the arterial and/or collector
streets and integrated with transit and non-automotive routes.” The B-2M portion of this
application is located near but not at the intersection of collector and arterial streets. Bridger
Drive is an arterial and Story Mill Road is a collector. The site is already zoned in part for
commercial purposes predating the adoption of the Bozeman Community Plan 2020; and
sections of the B-2M area are subject to floodplains and watercourse setbacks that will
restrict portions of the property from development with any zoning district. The proposed B-
2M area is across Story Mill Road from an area zoned as B-2 which includes larger historic
buildings that are proportionate in scale to the B-2M district potential. The intersection of
Bridger Drive and Story Mill Road is expected to be signalized in the next few years as
development in the area continues. The proposed B-2M area is approximately 1 block from
the intersection. The location will still be generally suitable to provide the types of
community services described in the application. Therefore, staff finds that despite the
application not being fully compliant with the land use description, overall the application is
in accordance with the Community Commercial Mixed Use future land use description.
Goals and Policies
This section evaluates compliance with the goals and policies contained within the Bozeman
Community Plan 2020. The zone map amendments can be found to both accord to the Bozeman
Community Plan 2020 and implement the plan. Staff has found no conflict between the
proposed zone map amendments and the Bozeman Community Plan 2020 and have found
accordance between the amendments and the plan. Further, approval of the application may
implement the Bozeman Community Plan 2020 by acting to further the objectives of the plan.
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21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 15 of 30
Approval of this proposal would be in accordance with or implement several goals and
objectives of the Community Plan, including:
Goal N-1: Support well-planned, walkable neighborhoods.
Objective N-1.1 Promote housing diversity, including missing middle housing.
The overall site currently contains areas of the R-4 and B-1 districts, which separates future
residential projects from commercial projects on site based on the zoning for different tracts of
record on the site. The proposed zone map amendment would realign the site into two different,
mixed use districts that would still provide for a mixture of uses over the site, but does not
separate them based on the existing tracts of record, which existed when the zoning was
adopted for the site. The reconfigured, new zoning districts would allow for more site-specific
project planning of the overall site. This, along with the context of the site in relation to
surrounding parks, trails, roads, and other public facilities, and existing housing, can support
well-planned walkable neighborhoods by allowing design flexibility and master site planning.
Such developments, although perhaps not on an individual basis but in gross, may in turn add
to missing ‘middle housing’ (see below for clarification of this term) by encouraging efficient,
mixed development.
Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development
through diverse mechanisms in appropriate locations.
The site has potential for an emergence of a small commercial node integrated into residential
and mixed-use development where services are provided. There is substantial housing in the
area already with limited nearby services.
Goal N-3: Promote a diverse supply of quality housing units.
Objective N-3.3 Encourage distribution of affordable housing units throughout the City
with priority given to locations near commercial, recreational, and transit assets.
Objective N-3.8 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.
This site is within the City where services are provided, surrounded on three sides by
recreational assets, at the intersection of two city streets where the Bozeman Community Plan
2020 designates commercial/mixed use development, and would allow residential
development, such as duplex, triplex, live-work, cottage housing, group living,
rowhouses/townhouses, etc., called "Missing Middle" housing per the Bozeman Community
Plan 2020. REMU specifically authorizes all of these residential uses.
The Bridger View Redevelopment subdivision is currently in construction to the north. This
development includes a sizable fraction of income restricted housing. By providing for the
proposed zoning districts and well-planned distribution of residential and non-residential uses
across the site based on site specifics, approval of the zone map amendments may encourage
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affordable housing and implement Goal N-2 and Objectives N-3.3 and N-3.8. This goal is less
applicable to the B-2M portion of the application.
Goal DCD-1: Support urban development within the City.
Objective DCD-1.9 Promote mixed-use developments with access to parks, open space,
and transit options.
Approval of the zone map amendment to two mixed use districts would promote mixed uses;
the site has excellent access to parks and open space, and is at the intersection of two city
streets near Bridger Drive, a principal arterial. The site has been annexed for many years.
Goal M-1: Ensure multimodal accessibility.
Objective M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the
development of housing, jobs, and services in close proximity to one another.
Approval of the zone map amendment to two mixed use districts would work to prioritize
mixed-use land use patterns. Because the proposed REMU and B-2M districts would allow for
a planned mix of commercial and residential uses in close proximity, approval of the zone map
amendment would implement Objective M-1.1 and be in accord with Goal M-1. There are
significant trail corridors adjacent to the site connecting to downtown, areas outside of the city,
and recreational destinations.
Goal EE-1: Promote the continued development of Bozeman as an innovative and thriving
economic center.
Objective EE-1.3 Continue to facilitate live/work opportunities as a way to support small,
local businesses in all zoning districts.
Because the proposed REMU and B-2M districts would allow for a planned mix of commercial
and residential uses in close proximity to one another, approval of the zone map amendment
would implement Objective EE-1.3 by facilitating live/work opportunities and accord to Goal
EE-1.
B. Secure safety from fire and other dangers.
Criterion met. The subject property is currently served by City of Bozeman Fire and Police
Departments. Future development of the property will be required to conform to all City of
Bozeman public safety, building and land use requirements, which will ensure this criterion
is met. Floodplains have been mapped on portions of the property and any future review must
comply with the restrictions on development due to flooding potential. The zone change is
not likely to adversely impact safety from fire and other dangers.
C. Promote public health, public safety, and general welfare.
Criterion met. City development standards included in Chapter 38, Unified Development
Code, building codes, and engineering standards all ensure that this criterion is met. Adequate
water and sewer supply and conveyance provide for public health through clean water. Rapid
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and effective emergency response provides for public safety. The City’s standards ensure that
adequate services are provided prior to building construction which advances this criterion.
General welfare has been evaluated during the adoption of Chapter 38 and found to be
advanced by the adopted standards. Provision of parks, control of storm water, and other
features of the City’s development standards also advance the general welfare. Compliance
with the BCP 2020 as described in Section 6, Criterion A, shows advancement of the well-
being of the community as a whole. See also Criterion B.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section
6, Criteria B, C, & D for zoning amendments:
“For a map amendment, all three of the above elements are addressed primarily by the
City’s long range facility Plans, the City’s capital improvements program, and
development standards adopted by the City. The standards set minimum sizing and flow
requirements, require dedication of parks, provision of right of way for people and
vehicles, keep development out of floodplains, and other items to address public safety,
etc. It is often difficult to assess these issues in detail on a specific site.
For example, at the time of annexation, the final intensity of development is unknown
and it may be many years before development occurs and the impacts are experienced.
The availability of other planning and development review tools must be considered
when deciding the degree of assurance needed to apply an initial zoning at annexation.”
The City conducts extensive planning for municipal transportation, water, sewer, parks, and
other facilities and services provided by the City. The adopted plans allow the City to
consider existing conditions; and identify enhancements needed to provide service to new
development. See page 19 of the BCP 2020 for a listing. The City implements these plans
through its capital improvements program (CIP). The CIP identifies individual projects,
project construction scheduling, and financing of construction for infrastructure. Private
development must demonstrate compliance with standards prior to construction. Dedication
of school facilities is not required by municipal zoning standards. However, School District 7
will have opportunity to review and comment on future development.
The application site is located within the City’s land use, transportation, parks, and utility
planning areas. Those plans show this property as developing within the City when
development is proposed. Adequacy of all these public requirements is evaluated during the
subdivision and site development process. All zoning districts in Bozeman enable a wide
range of uses and intensities. At the 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.
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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.
38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning
map indicates a judgment on the part of the city that the range of uses allowed within that
district are generally acceptable in that location. It is not a guarantee of approval for any
given use prior to the completion of the appropriate review procedure and compliance with
all of the applicable requirements and development standards of this chapter and other
applicable policies, laws and ordinances. It is also not a guarantee of immediate
infrastructure availability or a commitment on the part of the city to bear the cost of
extending services.”
As noted, the placement of a zoning district does not commit the City to infrastructure
funding. However, the City uses its annual CIP to schedule and fund construction of public
infrastructure. The CIP is updated each fall and addresses all types of local infrastructure.
The City may choose to fund some or all of infrastructure construction when deemed
adequately beneficial to the public. The City can also support construction of infrastructure
through other tools such as special improvement districts or development reimbursement
agreements (sometimes called paybacks or latecomer agreements). This property is within a
payback district established in 2016 for the Bridger Drive Trunk Sewer Main involving the
current developers (and another landowner), which resulted in sewer improvements and
increased capacity for further development of the area.
The future development of the site will likely require dedication of additional right of way
and further construction of streets, provision of mitigation for impacts on parks, extension of
water and sewer services, and placement of easements for telecommunication, electricity and
similar dry utilities. The needs for other public requirements will also be assessed during
development review to ensure adequacy of public requirements.
E. Reasonable provision of adequate light and air.
Criterion met. This criterion is not about individual preferences for a given degree of visual
openness but about preservation of public health. The REMU and B-2M districts provide
adequate light and air through the Bozeman Unified Development Code’s standards for park
and recreation requirements, maximum building height, lot coverage, and setback
requirements.
The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot
coverage and maximum floor area ratios, and prescribe require minimum separation from
property lines and limits building heights. 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.
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In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The site is positioned at the intersection of two City streets: East Griffin Drive (a
local street) and Story Mill Road (a collector), which connect to Bridger Drive (a principal
arterial) and other streets. In addition, the site connects to multiple trails found in the Story
Mill Community Park and surrounding public trails and sidewalks including the Trail to the
M which connects to the Oak Street corridor for an east to west crossing of the City.
The requested changes in zoning from R-4 and B-1 to REMU and B2-M will not
immediately impact the motorized and non-motorized transportation systems. The specific
future land uses and intensity of development for the site are not yet known. However, the
mix of residential and commercial uses allowed under the proposed zoning, with more
flexibility for non-residential development throughout the site, is likely to provide a more
central area of economic activity and commercial uses, thus increasing future provision of
goods, services, and employment opportunities in close proximity to existing and future
residences, thereby reducing the number of trips into other areas of the City to meet the
residents’ needs. In any case, development of the property will be required to comply with
transportation-related standards and reviewed for impacts on the surrounding streets,
intersections, and sidewalks, and improvements to the transportation network to serve the site
are likely through development review requirements, which will likely improve some aspects
of the overall transportation system.
G. Promotion of compatible urban growth.
Criterion met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes where
in the community… The land use categories and descriptions provide a guide for appropriate
development and redevelopment locations for civic, residential, commercial, industrial, and
other uses. The future land use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor safety, and a
high quality of life that will shape Bozeman’s future.” (Community Plan p. 51)
The City’s future land use map designates the properties as Residential Mixed Use and
Community Commercial Mixed Use. These designations correlate with several zoning
districts including the REMU and B-2M districts proposed by the applicants. These districts
were developed by the City to promote appropriate urban growth compatible with the areas
of the City as identified on the future land use map. Based on the land use map designations
and correlated zoning districts in the plan and proposed by the applicants, the zone map
amendment would promote compatible urban growth.
Also see the discussion in (H) below.
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H. Character of the district.
Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality
into districts of the number, shape, and area as are considered best suited to carry out the
purposes [promoting health, safety, morals, or the general welfare of the community] of this
part.” Emphasis added.
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts as
created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical extents of a
zoning district. Application of any municipal zoning district to the subject property will alter
the existing character of the subject property which is a rural individual home with agricultural
buildings. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it
provides a structured method to consider changes to the character.
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony with
adjoining development, existing neighborhoods, and the goals and objectives of the city's
adopted growth policy. Elements of compatible development include, but are not limited to,
variety of architectural design; rhythm of architectural elements; scale; intensity; materials;
building siting; lot and building size; hours of operation; and integration with existing
community systems including water and sewer services, natural elements in the area,
motorized and non-motorized transportation, and open spaces and parks. Compatible
development does not require uniformity or monotony of architectural or site design, density
or use.”
The City has adopted many standards to identify and avoid or mitigate demonstrable negative
impacts of development. These will support the ability of future development in the proposed
REMU and B-2M districts to be compatible with adjacent development’s mixed-use
characteristics and uphold the unique character of the area. The site is a former stockyard and
low density residential area. The former heavy industry of the Story Mill, an industrial anchor
in the Gallatin Valley for many decades, has stopped operations. Various parties have looked
at redeveloping the area to uses other than industrial and agriculture since at least 2007. The
Story Mill Park has recently been developed and the Bridger View Redevelopment subdivision
is now in construction in the near vicinity and are changing the long term nature of the uses in
the area. The character of the area is in flux. The existing zoning in the off-site but nearby area
of roughly a quarter mile radius includes higher density residential (annexed), lower density
residential (annexed and unannexed), business, and light industrial. A review of the uses
allowed in the proposed zones shows many similarities with existing and authorized uses in
the surrounding area. Therefore, the change in zoning does not appear to conflict with the
character of the area.
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I. Peculiar suitability for particular uses.
Neutral. Future uses for construction on the site are not finalized at this time, so the
suitability of the site for particular uses is not easily evaluated at this time. However, the
proposed REMU and B-2M districts would provide for a broader variety of non-residential
uses throughout the site than the existing B-1 and R-4 districts. The site contains several
buildings that have occupied the site for decades, and the site appears suitable for urban
development without major constraints related to floodplains, human-wildlife conflict, steep
slopes or other hazards. Although floodplains are present along the East Gallatin River the
majority of the site is outside of the floodplain. The proposed REMU and B2-M districts can
support many types of urban development that are likely to serve the immediate area as a
result of its location and proximity to residential areas to the north. Final determination of
suitability will occur during the site development process.
J. Conserving the value of buildings.
Criterion met. There are currently several buildings on the property, which the application
indicates will be mostly retained at the site; their values may be positively impacted if plans
for their re-use are developed and implemented. The values of surrounding buildings are
unlikely to be impacted to a measurable degree as the site is developed according to the
proposed REMU and B-2M mixed use districts, because development of the site with various
uses has been anticipated since annexation over 15 years ago. The values of some buildings
may improve in the future as new and improved amenities are provided to the area as the site
is developed according to the proposed REMU and B-2M districts, while other buildings’
values are unlikely to be impacted largely due to a robust real estate market and lack of
unmitigated offensive uses allowed by the proposed zoning districts.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Criterion met. As stated above, the Bozeman Community Plan illustrates the most appropriate
use of the land through the future land use map. This application complies with the BCP 2020
by proposing zone map amendments of districts that continue to implement the future land use
map designations. In this case, urban-scale residential and some mixed-use development have
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 are appropriate to a site’s context and
according to the BCP 2020.
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.
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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.
Based on the review of the following criteria, Staff concludes that this application is not Spot
Zoning.
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 satisfy this criterion, the reviewer must demonstrate a ‘significant
difference.’ As an example, in the Plains Grains LP case the change was from Agricultural to
Heavy Industrial; and in the Little case the zoning was commercial which zoning was in
conflict with the planned residential uses shown in the growth policy and existing in the
surrounding area.
Although the majority of the site is currently zoned R-4, a primarily residential district, all
City zoning districts including R-4 provide for some non-residential uses, as does the rest of
the site, which is zoned B-1, a business-oriented district. The City recently updated its
growth policy and revised the future land use designations for this area. As noted in Criterion
A above, the proposed zoning is in accordance with the growth policy.
The proposed REMU and B-2M districts are likely to provide more flexibility for non-
residential uses over the entirety of the site, but through comprehensive development review
processes and according to extensive standards found in the Bozeman Unified Development
Code. There is not a single obvious “prevailing land use” in the area due to the mixed
history of uses and ongoing redevelopment of the area, but residential uses are the most
common in the immediate vicinity. With future mixed use development plans submitted,
reviewed and implemented according to City requirements, the allowed mix of land uses in
the proposed REMU and B-2M districts are likely to be integrated into the area in a manner
that the non-residential uses are more likely to support the surrounding land uses, including
surrounding residences, rather than negatively impact or deviate from surrounding land uses
in a significant manner.
2. Is the area requested for the rezone rather small in terms of the number of
separate landowners benefited from the proposed change?
Yes. The application is submitted by one landowner for six tracts of record. Division 38.260
Part 2 describes the process to request a zone map amendment and its review. Section
38.260.100 explicitly authorizes an individual landowner to initiate a zone map amendment.
The BCP 2020 also discusses the initiation of zone map amendments. On page 72, the
needed justification for a zone map change is discussed. It states that landowner preference,
when coupled with compliance with the criteria established in statute, is sufficient to justify
an amendment.
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3. Would the change be in the nature of “special legislation” designed to benefit
only one or a few landowners at the expense of the surrounding landowners or the
general public?
No. While only one landowner would directly ‘benefit’ from the zone change, there is no
reason to believe this would come at the expense of surrounding landowners or the general
public. To the contrary, the BCP 2020 is an expression of the public’s desires for different
types and scales of urban development throughout the City. The proposed zoning aligns with
the BCP 2020, and therefore would be to the benefit of the general public.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Ryan Krueger of Intrinsik Architecture, representing applicants Christine and Kevin Huyser
of Wake Up Inc., seeks to amend the zoning map designation on property owned by Wake
Up Inc. The zone map amendment would change the zoning of 1.23 acres of B-1
(Neighborhood Business District) and 1.88 of R-4 (Residential High Density District) to
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REMU (Residential Emphasis Mixed-Use District) and 1.65 acres of B-1 and 10.52 acres of
R-4 to B-2M (Community Business District – Mixed), for a total zone map amendment area
of 15.28 acres. The zone changes include the public road rights-of-ways/easements for Story
Mill Road and East Griffin Drive.
The subject property is located along the west side of side of Story Mill Road at its
intersection with East Griffin Drive, and includes portions of East Griffin Drive and land on
the north and south sides of East Griffin Drive.
The 15+ acre property is comprised of six tracts of record. It contains numerous buildings,
several associated with a central livestock auction building, such as open sheds and barns. A
“café” building is located along Story Mill Road in the right-of-way. There are also two
dwellings and mobile home on the tracts north of East Griffin Drive. East Griffin Drive
traverses the property east to west. The East Gallatin River and associated wetlands and
floodplain are found along the southwestern boundaries, but do not occupy a significant
portion of the site.
The Bozeman Community Plan designates the property as “Residential Mixed Use” and
“Community Commercial Mixed Use.” The proposed zoning districts are in accordance with
the Community Plan designations. Urban utilities and services are available.
APPENDIX B - NOTICING AND PUBLIC COMMENT
Notice of the application and public hearings was published in the Bozeman Daily Chronicle
on June 27 and July 4, 2021. Notice was sent via first class mail to adjacent landowners on
June 25, 2021 and posted on the property on June 25, 2021. No public comments have been
received to date.
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APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designations:
The property’s growth policy designations on the Future Land Use Map of the 2020 Bozeman
Community Plan (Growth Policy) include “Residential Mixed Use” and “Community
Commercial Mixed Use”.
This [Residential Mixed Use] category promotes neighborhoods substantially dominated by
housing, yet integrated with small-scale commercial and civic uses. The housing can include
single-attached and small single-detached dwellings, apartments, and live-work units. if
buildings include ground floor commercial uses, residences should be located on upper floor.
variation in building mass, height, and other design characteristics should contribute to a
complete and interesting streetscape.
Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground
floor. All uses should complement existing and planned residential uses. Non-residential uses
are expected to be pedestrian oriented and emphasize the human scale with modulation in
larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential
spaces should provide an interesting pedestrian experience with quality urban design for
buildings, sites, and open spaces.
This category is appropriate near commercial centers. Larger areas should be well served by
multimodal transportation routes. Multi-unit, higher density, urban development is expected.
Any development within this category should have a well-integrated transportation and open
space network that encourages pedestrian activity and provides ready-access within and
adjacent development.
The Community Commercial Mixed Use category promotes commercial areas necessary for
economic health and vibrancy. This includes professional and personal services, retail,
education, health services, offices, public administration, and tourism establishments. Density
is expected to be higher than it is currently in most commercial areas in Bozeman and should
include multi-story buildings. Residences on upper floors, in appropriate circumstances, are
encouraged. The urban character expected in this designation includes urban streetscapes,
plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density
residential areas are expected in close proximity.
Developments in this land use area should be located on one or two quadrants of intersections
of the arterial and/or collector streets and integrated with transit and non-automotive routes.
Due to past development patterns, there are also areas along major streets where this category
is organized as a corridor rather than a center. Although a broad range of uses may be
appropriate in both types of locations, the size and scale is to be smaller within the local service
areas. Building and site designs made to support easy reuse of the building and site over time
is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner
and should not be overly dominated by any single use. Higher intensity uses are encouraged in
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the core of the area or adjacent to significant streets and intersections. Building height or other
methods of transition may be required for compatibility with adjacent development.
Smaller neighborhood scale areas are intended to provide local service to an area of
approximately one half-mile to one mile radius as well as passersby. These smaller centers
support and help give identity to neighborhoods by providing a visible and distinct focal point
as well as employment and services. Densities of nearby homes needed to support this scale
are an average of 14 to 22 dwellings per net acre.
Proposed Zoning Designation and Land Uses:
The applicant has requested a zone map amendment to REMU (Residential Emphasis Mixed-
Use District) and B-2M (Community Business Mixed-Use). The following are the stated
intents and purposes of these districts:
Community business district - mixed (B-2M):
The B2-M district is intended to function as a vibrant mixed-use district that accommodates
substantial growth and enhances the character of the City. It provides for a range of commercial
uses serving the immediate area and broader trade area and encourages the integration of multi-
household residential as a secondary use. Design standards emphasizing pedestrian oriented
design are important elements of this district. Use of this zone is appropriate for arterial
corridors, commercial notes, and/or areas served by transit.
Residential emphasis mixed-use zoning district (REMU):
The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed- use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable
neighborhood setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles;
b. Support compact, walkable developments that promote balanced transportation
options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
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f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
5. Encourage developments that exhibit the physical design characteristics of vibrant, urban,
and pedestrian-oriented complete streets. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it
more self- sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and
bicycle travel, transit, on-street parking and physical elements of complete streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are within the
neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term financial
viability;
d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace;
37
21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 28 of 30
d. Provide flexibility in phasing to help ensure both long and short term financial
viability for the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.
The following figure from the 2020 Community Plan, with red and orange boxes indicating
the applicability of this proposed ZMA, illustrates how the proposed REMU and B-2M districts
correlate with its Community Commercial Mixed Use designation of the Future Land Use
Map:
38
21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 29 of 30
39
21102 Staff Report for the Stockyard Properties Zone Map Amendment Page 30 of 30
APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF
Owner: Wake Up Inc., represented by Christine and Kevin Huyser, PO Box 23, Harrison, MT,
59735
Applicant: Wake Up Inc., by Christine and Kevin Huyser, PO Box 23, Harrison, MT, 59735
Representative: Ryan Krueger of Intrinsik Architecture, 111 North Tracy Avenue, 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 are at:
https://weblink.bozeman.net/WebLink/Browse.aspx?startid=234995&cr=1
40
Stockyard Properties
Zone Map Amendment
930, 1005, 1011, 1017, 1018, &1019 East Griffin Drive
S06, T02 S, R06 E, C.O.S. 1147A, PARCEL 4,
ACRES 10.1, LESS COS 1147B STORY MILL NBHD ANNEX TO BZN
Zone Map Amendment to rezone to B-2M & REMU
R-4 & B-1
15.33 Acres
Landscaped & Mixed
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
X
X
41
42
X
43
44
45
Property Owners Name Legal Description of Property
Mailling Address from County Tax
Records
Contigious or
Not
1 WAKE UP INC
S06, T02 S, R06 E, C.O.S. 1147A, PARCEL
4, ACRES 10.1, LESS COS 1147B STORY
MILL NBHD ANNEX TO BZN
PO BOX 23 HARRISON, MT
597350023 Contigious
2 WAKE UP INC
S06, T02 S, R06 E, C.O.S. 1147A, PARCEL
4, ACRES 10.1, LESS COS 1147B STORY
MILL NBHD ANNEX TO BZN
PO BOX 23 HARRISON, MT
597350024 Contigious
3 CITY OF BOZEMAN S05, T02 S, R06 E, C.O.S. 2865, PARCEL
2, ACRES 1.71
121 N ROUSE AVE BOZEMAN, MT
597153740 Contigious
4 CITY OF BOZEMAN S31, T01 S, R06 E, C.O.S. 2865, PARCEL
5, ACRES 10.3
122 N ROUSE AVE BOZEMAN, MT
597153740 Contigious
5
2511N LLC & UND 84%
INT & 2332 LLC UND 16%
INT
S05, T02 S, R06 E, C.O.S. 1877B, PARCEL
C2-A, ACRES 5.615 PO BOX 13 BOZEMAN, MT 597710013 Contigious
6 SCHLEGEL MICHAEL J S05, T02 S, R06 E, C.O.S. 1877B, PARCEL
1T-1, ACRES 7.5099
2210 LEA AVE BOZEMAN, MT
597152264 Not Contigious
7
MONTANA RAIL LINK
PROPERTY MANAGEMENT MRL
CITY OF BOZEMAN
S06, T02 S, R06 E, RAILROAD RW BIKE
PATH BEING POR OF STORY MILL SPUR BETWEEN
MILEPOST 0+16 & MILEPOST 0+3678 BEING 19,200 SQ
FT LEASE 500,539 STORY MILL ANNEX TO BZN
WASHINGTON CORP PO BOX 16630
MISSOULA, MT 598086630 Not Contigious
8 CITY OF BOZEMAN S06, T02 S, R06 E, C.O.S. 2865, PARCEL
8, ACRES 16.58
122 N ROUSE AVE BOZEMAN, MT
597153740 Not Contigious
9 BURLINGTON NORTHERN
RAILROAD CO
S05, T02 S, R06 E, ABANDONED C M ST P
& P RR BEING STORY MILL SPUR LYING W OF THE
CNTRLNE OF THE MAIN TR IN NW1/4NW1/4 .04
PROPERTY TAX DEPT PO BOX 961089
FORT WORTH, TX 761610089 Contigious
10 WAKE UP INC
S06, T02 S, R06 E, C.O.S. 1147A, PARCEL
3, ACRES 0.85, STORY MILL NBHD ANNEX
TO BZN
PO BOX 23 HARRISON, MT
597350023 Contigious
11 CITY OF BOZEMAN S05, T02 S, R06 E, C.O.S. 2865, PARCEL
3, ACRES 5.68
122 N ROUSE AVE BOZEMAN, MT
597153740 Not Contigious
12 WAKE UP INC S31, T01 S, R06 E, C.O.S. 2547, PARCEL
23A, ACRES 2.267, NORTHEAST ANNEX
PO BOX 23 HARRISON, MT
597350023 Contigious
13 CITY OF BOZEMAN S05, T02 S, R06 E, C.O.S. 2865, PARCEL
1, ACRES 1.11
122 N ROUSE AVE BOZEMAN, MT
597153740 Contigious
14 WAKE UP INC S31, T01 S, R06 E, C.O.S. 1147A, PARCEL
1, ACRES 0.51, NORTHEAST ANNEX
PO BOX 23 HARRISON, MT
597350023 Contigious
15 WAKE UP INC S31, T01 S, R06 E, C.O.S. 1147A, PARCEL
2, ACRES 0.79
PO BOX 23 HARRISON, MT
597350024 Contigious
16 CHRISTIE CLIFFORD K &
SALLY FRANKLIN
S31, T01 S, R06 E, SE4SE4 TRACT 22
PLUS ABANDONED MENARD LINE LYING
ADJ TO TR 22 NORTHEAST ANNEXATION
1015 E GRIFFIN DR BOZEMAN, MT
597152259 Contigious
17 WAKE UP INC S31, T01 S, R06 E, C.O.S. 2547, PARCEL
K, ACRES 0.736, NORTHEAST ANNEX
PO BOX 23 HARRISON, MT
597350024 Contigious
18
HUMAN RESOURCES
DEVEL COUNCIL DIST IX
IN
S31, T01 S, R06 E, C.O.S. 2547, PARCEL
26, ACRES 8.025, NORTHEAST ANNEX
32 S TRACY AVE BOZEMAN, MT
597154659 Contigious
19 CITY OF BOZEMAN S31, T01 S, R06 E, C.O.S. 2865, PARCEL
4, ACRES 9.92
122 N ROUSE AVE BOZEMAN, MT
597153740 Contigious
20 CITY OF BOZEMAN
S31, T01 S, R06 E, ABANDONED C M ST P
& P RR MENARD LINE IN PT SE4SE4 LYING E OF & ADJ
TO TRACT 24 NORTHEAST ANNEX .22 & ABANDONED C
M ST P & P RR MENARD LINE IN PT SE4SE4 1.22
123 N ROUSE AVE BOZEMAN, MT
597153740 Contigious
Stockyard Properties ZMA
Adjacent Property Owners List 3.3.2021
46
Tyler Steinway
930, 1005, 1011, 1017, 1018 & 1019 East Griffin Drive
47
48
49
STOCKYARD PROPERTIES Zone Map Amendment
April 2021
50
2 April 2021
Zone Map Amendment: Stockyard Properties
Table of Contents
1. Application Forms & Checklists
2. Project Team
3. Narrative
I. Project Overview
II. Relevant Project History
III. Response to Zone Map Amendment Approval Criteria
IV. Response to Spot Zoning Criteria
Appendices
Appendix A.1: Vicinity Map
Appendix A.2: Existing Zoning Map
Appendix A.3: Proposed Zoning Map
Appendix A.4: Future Land Use Map
Appendix A.5: Existing Conditions Map
Appendix B.1: Zone Map Amendment Map - Current Parcels
Appendix B.2: Zone Map Amendment Map - Future Parcels
Appendix B.3: Zone Map Amendment Editable Legal Description
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3 April 2021
Zone Map Amendment: Stockyard Properties
1. Application Forms & Fees
The required application forms for the Stockyard Properties Zone Map Amendment
(ZMA) application have been included in this submittal. The calculated fee totals are
outlined below.
2. Project Team
APPLICANT Wake Up Inc
Christine & Kevin Huyser
PO Box 23
Harrison, MT 59735
P. 310.717.8807
PROJECT CONSULTANTS
Planning Intrinsik Architecture, Inc.
Attn: Ryan Krueger
111 N. Tracy Avenue,
Bozeman, MT 59715
p. 406.582.8988
Civil Engineering Stahly Engineering & Associates, Inc.
Attn: Cordell Pool
851 Bridger Drive Ste. 1
Bozeman, MT 59715
p. 406.522.8594
COMPONENT FEE QUANTITY TOTAL
ZMA Base Fee $2,049.00 1 $2,049.00
Scaled Fee per Acre $58.00 15.33 $889.14
TOTAL $ 2,938.14
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4 April 2021
Zone Map Amendment: Stockyard Properties
3. Narrative
I. Project Overview
The subject Site consists of 6 parcels
containing 15.33 gross acres (not
inclusive of Rights of Way impacted
by the ZMA) (Appendix A), and is
located at the SE corner of the
intersection Story Mill Road and East
Griffin Drive (Appendix A.1). The
Site is currently zoned a mix of R-4
(Residential High Density) and B-1
(Neighborhood Business) (Appendix
A.2), lies within the Story Mill Historic
District. The properties are remnants of the Big Sky Development that did not
materialize or result in redevelopment in this area. The proposing zoning is more
aligned with current conceptualizations for development in this location.
Given its location and proximity to high traffic transit corridors, Story Mill Park, and
medium density residential districts, this Site is a practical location for the
proposed zone change to the more cotemporary designation of Community
Business District - Mixed (B-2M) and Residential Emphasis Mixed Use
(REMU) as described through this application (Appendix A.3). The Future Land
Use Map in the adopted Bozeman Community Plan designates this Site as a mix of
Community Commercial Mixed Use (CCMU) and Residential Mixed Use (RMU)
in the Future Land Use Map (FLUM) outlined (Appendix A.4), which allows for the
implementation of B-2M and REMU zoning with these FLUM categories.
The project site is bounded by Story Mill Park to the west and Story Mill Road (a
Collector) on the west side. East Griffin Drive (Local Street) bisects the project site,
and will be improved to City standards prior to or concurrent with future Site The
site is developed and contains a mix of existing buildings scattered across the
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5 April 2021
Zone Map Amendment: Stockyard Properties
15.33 total project acres. There are currently six sites contained in this submittal
as shown on the site survey (Appendix B). The concurrently submitted Subdivision
Exemption further defines the proposed future lots that will support the ZMA
requested.
This Zone Map Amendment application meets the required approval criteria as
demonstrated herein. Furthermore, as is also discussed in this application, this
request is decidedly in alignment with numerous City Plans and the intent and
purpose of the requested zones. B-2M is to intended to function as a vibrant mixed
-use district, accommodating smart growth and enhancing the character of the city.
The project site’s proximity to transit, neighborhoods, and parks make it an ideal
candidate for this change. A similar statement can be made about REMU, mixed -
use in nature and intended to provide for variety of future uses, in the case of
REMU a variety in housing.
Future development of these parcels
will propose a mix of uses
appropriate to serve the residents of
both zones, at a scale and scope
expected of an important infill site
such as this one. While the
Stockyard Cafe will be moved from
the ROW to allow for construction of
Story Mill Road, most of the
buildings will remain. Future
submittals by this project team will
explore conceptual site designs, preliminary subdivision possibilities, and a litany
of additional Bozeman development standards, and we look forward to those steps.
For this submittal, the enclosed applications materials meet the necessary
criteria for approval.
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6 April 2021
Zone Map Amendment: Stockyard Properties
II. Relevant Project Details
As there are several existing buildings, it is evident previous development has
occurred at this Site. This application is not proposing to change, discontinue, or
otherwise impact the existing site development assumptions.
Story Mill Road was recently approved for design and construction by the City (CIP
# SIF117), and this Project Team has been in contact with the City’s contracted
designer to look at options to extend the proposed Story Mill improvements through
this Site. Upgrades to East Griffin Drive will also be necessary, and the Project
Team will use future Concept submittals to discuss the timing of those
improvements.
Additional coordination with the Bridger View Redevelopment project to the north of
this Site will be necessary, however initial coordination has already begun and will
unfold with future site development.
The Project Team has submitted a Subdivision Exemption request for the entire
Site area. Two Concept applications are imminent for the north and south sides of
Griffin, respectively. Subdivision, Site Plans (and possible Master Site Plans), and
other applications are also expected upon future development. Parkland, Affordable
Housing, and other such requirements are also to be addressed at the appropriate
future application review stage.
III. Responses to ZMA Approval Criteria
Below are responses to the ZMA approval criteria (Section 76 -2-304, MCA) that
address how the project relates to and meets the criteria outlined for the approval
of a zone map amendment.
A. Is the new zoning designed in accordance with the growth policy?
Yes, therefore this criterion has been met.
The future land use for the subject property was amended with the adoption
of the 2020 Bozeman Community Plan and each zone requested is allowed
within the approved Future Land Use categories that exist at this Site.
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7 April 2021
Zone Map Amendment: Stockyard Properties
As is shown in the figure below, B-2M is allowed within Community
Commercial Mixed Use (CCMU) category and REMU within the Residential
Mixed Use category. The proposed zoning would provide for development
opportunities for a wider variety of housing types, neighborhood -scale
commercial uses, and land development patterns to unfold than the current
zoning. REMU and B-2M offer allowances for density to provide for urban-
scale mixed-use development options.
Approval of this request would also reinforce the following objectives
of the Community Plan:
N-2.2 Revise the zoning map to support higher intensity residential districts
near schools, services, and transportation.
N-2.3 Investigate and encourage development of commerce concurrent with,
or soon after, residential development. Actions, staff, and budgetary
resources relating to neighborhood commercial development should be given
a high priority.
N-4.1 Continue to recognize and honor the unique history, neighborhoods,
neighborhood character, and buildings that contribute to Bozeman’s sense of
place through programs and policy led by both City and community efforts.
DCD-1.7 Coordinate infrastructure construction, maintenance, and upgrades
to support infill development, reduce costs, and minimize disruption to the
public.
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8 April 2021
Zone Map Amendment: Stockyard Properties
DCD-1.9 Promote mixed-use developments with access to parks, open
space, and transit options.
DCD-2.2. Support higher density development along main corridors and at
high visibility street corners to accommodate population growth and support
businesses.
DCD-2.5 Identify and zone appropriate locations for neighborhood -scale
commercial development.
DCD-2.7 Encourage the location of higher density housing and public transit
routes in proximity to one another.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the
development of housing, jobs, and services in close proximity to one another.
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.).
The Bozeman Community Plan 2020 includes the justifications necessary to
support a change in zoning. This application addresses two of those
justifications: 1) a change in correlation between zoning and growth policy,
and 2) the owner requests the change and can meet required standards. This
narrative demonstrates that the relevant standards for each have been met
and that no conflicts with the growth policy have been identified.
B. Will the new zoning secure safety from fire and other dangers?
Yes, therefore this criterion has been met. The subject property is
currently located within the jurisdiction of the City of Bozeman Fire and
Police Departments, and the service area of American Medical Response
ambulances. The site is developed with buildings, several of which will be
preserved and rehabilitated with development that follows this zone change.
Future site development will conform to City of Bozeman public safety,
building, floodplain, and land use requirements in compliance with the UDC,
as well as all applicable building codes to help secure safety from fire and
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9 April 2021
Zone Map Amendment: Stockyard Properties
other dangers. The zone change is therefore unlikely to adversely impact
Site safety.
C. Will the new zoning promote public health, public safety and general
welfare?
Yes, therefore this criterion has been met. All future development of the
site will require compliance with the City’s Unified Development Code,
administration of which is employed by the City to ensure the promotion of
public health, safety, and general welfare. The zone change will not place an
undue burden on municipal services, emergency response capability, or the
general public.
D. Will the new zoning facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
Yes, therefore this criterion has been met.
The City’s adopted plans for municipal transportation, water, sewer, parks,
and other facilities and services ensure that this site will have services
necessary to serve new development. This infill project site lies within the
City’s sewer, storm water and water facility plan boundaries. The proposed
zoning amendment will allow for more intense and mixed -use development
than is offered by the current zoning.
Future submittals will be reviewed for compliance with the City ’s codes to
ensure appropriate levels of transportation, water, sewer, schools, and parks
are provided. Site plans, subdivision proposal, or other development
applications will ensure adequate capacity for all required municipal services.
As is stated in in the UDC, the designation of a zoning district does not
guarantee approval of proposed development plans until the City can verify
the availability of needed infrastructure and services.
E. Will the new zoning provide reasonable provision of adequate light and
air?
Yes, therefore this criterion has been met. The City of Bozeman’s UDC
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10 April 2021
Zone Map Amendment: Stockyard Properties
includes standard’s that address setbacks, park dedication, on -site open
space, and building design standards to address this requirement. Moreover,
the building codes have standards for ingress and egress, ventilation, and
related subjects that further support the provision of adequate light and air.
Future site development will require compliance with all applicable City codes
and standards necessary to ensure these primary human needs.
F. Will the new zoning have an effect on motorize and non-motorized
transportation systems?
Yes, therefore this criterion has been met. The City’s transportation plan
is used to evaluate transportation needs over the long term across the
municipal area to account for the impacts of motorized vehicles as well as
bikes and pedestrians. The park and trail plan also considers options for
extending the trail network. Future site development will examine these
impacts on the transportation network, parks and trails system, and municipal
facilities. Furthermore, these future development reviews will ensure that the
new zoning will comply with the City’s standards for the provision of onsite
parking for bicycles and vehicles, as well as the requirements for onsite
circulation. Traffic impacts will be studied by the development team to
demonstrate compliance with the City’s long-range transportation plans.
Future project development will ensure compliance with the acceptable traffic
limits identified in the transportation plans, as well as provide for the
dedication of rights of way, construction or reconstruction of streets, payment
of impact fees, and other contributions as will be applicable to this project.
Future development under the proposed zoning will look advance the Actions
within the Climate Plan to create efficient buildings renewable energy
generation, and compact development patterns supported by a variety of
transit infrastructure. Future development will additionally support the
Community Housing Action Plan through additional housing stock variety and
availability.
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11 April 2021
Zone Map Amendment: Stockyard Properties
G. Does the new zoning promote compatible urban growth?
Yes, therefore this criterion has been met. The Bozeman Community Plan
establishes a preferred and compatible development pattern through the
Future Land Use Map, which establishes generalized expectations for what
goes where in the community. Moreover, the UDC explicitly defines
compatible urban growth, which does not require uniformity in order to ensure
compatibility. The City’s zoning ordinances define the uses and development
standards associated for projects proposed under the auspices of each zone.
Each zone includes a range of uses that appropriate.
The future land use map includes two designations for the subject properties.
In the northwest corner, the map designation is Residential Mixed Use. This
designation correlates with several zoning districts, including REMU zoning,
as proposed by the applicant. The remainder of the property is designated as
Community Commercial Mixed Use, which allows for B -2M 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. Also see the
discussion in (H) below.
As discussed above the requested zoning is also supported by the Climate
Plan and Community Housing Action Plan.
H. Does the new zoning promote the character of the district?
Yes, therefore this criterion has been met. This Site lies within the Story
Mill Historic District, and future development conceptual proposals will detail
how the Project Team intends to enhance character of the district through
development. Nearby Story Mill Park has deeply influenced the character of
this area, and future site development will be looking to enhance the
character of this area. Art, architecture, and site design will all be applied
with a focus on district character.
These zones will offer future site development options to create appropriately
sized residential and neighborhood scale commercial in proximity to the
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12 April 2021
Zone Map Amendment: Stockyard Properties
Bridger View Redevelopment project and Story Mill Park. The proposed
REMU and B-2M zoning provide for future development options that support
compatible character of development. Concept applications are being
prepared to further detail how future development under the proposed zoning
is appropriate. For this review the zone map amendments proposed do not
allow for uses that are significantly different than those currently allowed, and
therefore it is hard to foresee significant and negative impact on community
character.
I. Does the new zoning address the affected area’s peculiar suitability for
particular uses?
Yes, therefore this criterion has been met. The proposed zone change
does not represent a significant change from the current B -1 and R-4 zoning,
and it is consistent with adjacent zoning, current and proposed uses in the
area, and the Bozeman Community Plan for future land uses. Multiple
commercial and residential uses currently exist in proximity to the subject
site.
Additionally, B-2M and REMU zoning designations will encourage mixed -use
development adjacent to established and planned multi-modal infrastructure,
making this site particularly suitable for the requested zoning designations.
This Site will have flexibility to promote a cohesive neighborhood pattern that
will connect adjacent roadways and corridors, and extend existing public
infrastructure. Moreover this zoning will not impact the UDC requirements for
future development in this location along the East Gallatin River.
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13 April 2021
Zone Map Amendment: Stockyard Properties
J. Was the new zoning adopted with a view to conserving the values of
buildings?
Yes, therefore this criterion has been met. The Stockyard Cafe building is
to be relocated, as it lies within the Story Mill Road right -of-way, however
most of the remaining buildings will remain at this site, including the
designated historic structures. The Auction House. As the site lies within the
Story Mill Historic District, special care will be taken to ensure the historic
character of the buildings and site remains intact as future development
plans are prepared.
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14 April 2021
Zone Map Amendment: Stockyard Properties
K. Does the new zoning encourage the most appropriate use of land
throughout the jurisdictional area?
Yes, therefore this criterion has been met. The proposed zone change is
consistent with the FLUM outlined in the Bozeman Community Plan as
demonstrated throughout this narrative. Increased commercial and mixed use
density is appropriate at this location due to the proximity to roadway and
transportation systems, the Story Mill Park, and the Bridger View residential
neighborhood. Therefore, the proposed B-2M and REMU zoning will further
encourage development that is of the highest and best use of this infill site.
As stated above, the Bozeman Community Plan is the tool utilized to
illustrate the most appropriate use the project sites. In this case, urban -scale
residential and mixed-use development are shown in that Plan as the most
appropriate types of development for the property. The Unified Development
Code further contains standards and review procedures that will to ensure
the land is developed in ways that protect and promote public health, safety,
and general welfare.
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15 April 2021
Zone Map Amendment: Stockyard Properties
IV. Response to Spot Zoning Criteria
A. Are the requested zoning designation and potential uses
significantly different from the prevailing uses in the area?
No, therefore this criterion has been met. The requested B-2M zoning, and
the mix uses available within this district, offers an opportunity for the future
development of the site under assumptions that do not significantly differ
from the uses proposed in this area. The Bridger View Redevelopment project
to the north is creating a mix of housing options that can be served by the
neighborhood-scale commercial development envisioned for the B -2M Site
areas.
Both B-2M and B-1 are appropriate for commercial nodes, and both districts
encourage multi-household residential as a secondary use and support a
range of commercial uses. B-2M, however, allows for more flexibility with
respect to height and parking standards, and therefore encourages denser
development that supports the highest, best use of the project site.
REMU is not significantly different from the R-4 designation, as both are
predominately residential in their nature. REMU does offer additional
commercial uses that are not allowed in R -4, and hereto rezoning the B-1
area requested as REMU will provide for neighborhood scale development
that is Site appropriate. REMU zoning and the potential uses are therefore
not significantly different from the prevailing zones and uses in proximity.
B. Does the requested zoning designation benefit a small area and only
one or a few landowners, or does the requested zoning benefit the
surrounding neighborhood, community and general public?
This criterion has been met. A zone change for the 15.33 acres has the
potential to benefit both the surrounding neighborhood and the community as
a whole. This change will conceivably prove to be a beneficial asset to the
surrounding area by providing flexibility to enrich future area growth and
transit options, offer support services to a future mixed housing residential
node, and contribute to the neighborhood fabric in the Story Mill area. It is
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16 April 2021
Zone Map Amendment: Stockyard Properties
also envisioned that generalized benefits would accrue to the City when
future development occurs at a more intensive level.
C. Is the requested zoning designation compatible with the zoning
district’s plan or is it special legislation designed to benefit only one or
a few landowners at the expense of the surrounding land owners?
This criterion has been met. This ZMA does not represent special
legislation designed to benefit the land owner at the expense of the adjacent
property owners. Both the current and proposed zoning allow the similar uses
at similar scales, and therefore it is difficult to foresee this proposed change
to B-2M and REMU, respectively, will negatively impacting the surrounding
land owners.
Additionally, the proposed zone change is compatible with City policies (i.e.
Bozeman Community Plan, Climate Plan, and Affordable Housing Action
Plan) and state statute governing the approval of such requests. This is a
request, simply, is to move from to a blend of residential- and commercial
mixed use zones that are offer more contemporary development options from
their existing counterparts. Compact infill will be the result of redevelopment,
and the requested zoning thus proposes thoughtful future development
opportunities that will meet the needs of the neighborhood and the
community, not negatively impact surrounding land owners.
65
66
67
68
69
Bridger View PUD
STORY MILL COMMUNITY PARKCOS 2865 PARCEL 3EAST GRIFFIN DRIVE
STORY
M
IL
L
ROADAREA 1TRACT 23ACOS NO. 25472.27 ACRES GROSS2.18 ACRES NETAREA 3TRACT 1COS NO. 1147A0.51 ACRES GROSS0.47 ACRES NETAREA 5TRACT 3 COSNO. 1147A0.85 AC GROSS0.44 AC NETAREA 6REMAINDER TRACT 4COS NO. 1147B10.16 ACRES GROSS9.58 ACRES NETAREA 2TRACT KCOS NO. 25470.74 ACRES GROSS0.741 ACRES NETAREA 4TRACT 2 COS NO.1147A0.80 ACRES GROSS0.64 ACRES NETHILLSIDE LANE
STORY MILLCOMMUNITY PARKSTORY MILLDDDSTORYMILL COMMUNITY PARKHILLSIDE LANE
C 1.0EXISTINGCONDITIONSPLANPROFESSIONALENGINEERS &SURVEYORSSTOCKYARD SITE
STAHLYENGINEERING& ASSOCIATESWAKE UP INC
BOZEMAN MONTANANOTE: PROPOSED STORYMILL ROAD AND BRIDGERVIEW IMPROVMENTS SHOWN AS EXISTING CONDITIONS70
71
DRAFT72